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Caution Advisory

Kelli Allen

Now that comprehensive immigration reform is being widely discussed it is important to make sure you receive accurate information and only deal with licensed professionals when seeking advise and assistance with your immigration case. Every day there are more unscrupulous people claiming to be immigration attornies but in reality, have no immigration training or knowledge. Here are some easy ways to protect yourself:

  • Be cautious when dealing with anyone about immigration
  • Be sure the person is an attorney with experience in immigration
  • Ask in which state the attorney is licensed and check with the state bar for complaints and to verify current status
  • If you are paying someone to complete immigration forms for you, they should be willing to sign the applications as the preparer – beware of anyone who does not
  • Members of AILA (American Immigration Lawyers Association) are generally very focused on immigration and keep up with changing laws
  • Beware of anyone promising guaranteed results. There are no absolutes in immigration law; USCIS always has discretion so any application can be denied. Many denials are caused by failure to properly complete applications and failure to provide sufficient supporting documents.
  • NO new law has been passed; only a new waiver process applicable to qualifying spouses of US citizens. There is no new legislation in effect, only proposals
  • At this point an immigration attorney can only indicate whether you would be eligible to benefit under the new legislation if it passes as proposed
  • As proposed, it will be at least six months after enactment before applications are accepted by USCIS
  • If you have a viable option now (i.e. adjustment of status, waiver, deferred action) you are probably better off pursuing that option rather than waiting for reform – Reform is great for those with no other option but requires many steps and at least 10 years before receiving green card
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