By Paschal Obinna Nwokocha
Attorney at Law
The Immigration Service has been experiencing severe backlog on cases. This backlog will continue to grow, especially with the new mandates that are coming into effect and the new responsibilities that the government continues to impose on aliens. Consequently, cases that would otherwise take a very short time to complete, now takes a longer time. Also, the Immigration Service now seems to look for any basis to deny a petition. It is important, therefore, that any person dealing with the Immigration Service follow some basic procedures to ensure that their cases get adjudicated on time. From our years of practicing immigration law, we know that if aliens follow the following rules, they reduce the risk of cases being delayed or denied:
- When you are involved with the criminal or civil case, be sure that you consult with someone with knowledge of possible immigration consequences of your actions. Some people have gotten deported from the United States based on when happened in a criminal or civil case setting. Even Permanent Residents do get deported because of criminal incidents.
- Employers should always consult with a knowledgeable immigration lawyer, especially if some of their employees are not U.S. citizens. Issues like immigration audit may have effect on a company bottom line, especially if the government determines that the employer is in violation of the Immigration laws.
- Make sure you update your address with the Immigration Service. The Alien Change of Address Card, Form AR-11, is the form for updating mailing addresses with the Immigration Service. The form must be mailed to the address on the form, the local Immigration Service office, and to the Immigration Service address where the person has a matter pending.
- Any documents submitted to the Immigration Service must be prepared very well. All forms must be fully completed, and any requested documents must be submitted. If there are document in foreign languages, they must be translated into English, accompanied by a certificate of translation from a competent and qualified translator.
- For any petition filed based on relationship, e.g., spouse of a U.S. citizen or Permanent Residency, the relationship must be fully documented. The Immigration Service would find it easier to approve cases that are fully documented, than those without the required documents.
- Likewise, for petitions based on employment or professional qualifications, the alien has the burden of proofing the qualification or employment status. Therefore, as much documentation as possible is encouraged.
- If you want to withdraw your petition or don’t want to continue with your case, it is better to withdraw a case than have the Immigration Service make a negative decision on your case. So, promptly advise the Immigration Service, in writing, of the decision to withdraw as soon as that decision is made.
- Keep record of all correspondence. Make sure that copies of letters received from, or sent to the Immigration Service are saved. When your case is taking too long to process, communicate with the Immigration Service through letter or by calling their toll free number: 1-800-375-5283. You can also check the status of your case at the Immigration website at www.cis.gov
- Keep important documents in a safe place. It is very important that you be able to find your immigration papers whenever you need them. That will save you time, money and the embarrassment of not having them when the law enforcement officers need them to verify status.
Always engage the services of knowledgeable professionals. Immigration law is a very complex and specialized area of the law. Therefore, when engaging the services of an Immigration attorney, make sure the person is qualified, knowledgeable, and is equipped to service you ethically.
This article does not constitute legal advice and should not in any way substitute for legal consultation with an attorney. Individual circumstances vary. This article does not establish attorney-client relationship with the reader and the author. Consult a lawyer.
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