Most immigration cases are difficult to begin with, but some are extra complicated. They may seem like 3 different cases mashed into one. You may not completely understand the situation yourself, and you probably have a hard time describing it to other people. Any language barrier may make it even harder, and confusing legalese used by the USCIS and by many immigration attorneys doesn’t help.
The result? You can’t seem to find right person to help on your case, because nobody seems to understand how complicated your situation is. Meanwhile, visas are expiring, life is changing, and time is running out. What you want is simple – you just want to live in the US – but the situation only gets more confusing and more difficult.
How do you know when you might have a complicated immigration case? Here are some factors that generally make any immigration case trickier:
- Expiration of visas
- Lies, misrepresentations, mistakes, or other inaccuracies on a form
- Divorce, separation, or estrangement (particularly from one’s sponsor)
- Frequent traveling between countries (like for work)
- Expiration or revision of certain US immigration laws
- A birth
- A death
What are some specific examples of complex immigration cases?
- Applying for removal of conditions as a joint petition with a spouse, and then separating from that spouse without getting a divorce. (This situation is very common.)
- Applying late for “removal of conditions.” In other words, you tried to file Form I-751 after your 2-year green card has already expired.
- Applying for removal of conditions with a waiver based on divorce, extreme hardship, or cruelty.
- Not being clear on the differences between a CRBA (Consular Report of Birth Abroad), a Form N-600, and a Form N-600K, and then filing the wrong form or making a mistake on the form.
- Being in the US on a temporary visa while engaged to a United States citizen. In this case you may not know whether to stay in the US and apply for an adjustment of status (requiring that you marry), or go back to your home country and apply for a fiancé(e) visa, or marry in the US and return to your home country and apply for re-entry at the US consulate in your home country.
If your situation is like any of the above, or if it’s another kind complex case, and you’re not sure what to do next, you can contact me, Boston immigration attorney Giselle M. Rodriguez. I have helped clients immigrate to the US in all kinds of difficult and confusing situations, and may be able to help you.