If your marriage based petition was denied, then you have your work cut out for you.
The first thing you should do (if you haven’t done it already) is get yourself an experienced immigration lawyer and have the lawyer fight on your behalf. You will need an experienced immigration lawyer, not just any lawyer. I mean experienced! How do you know whether a lawyer is experienced? Use your common sense. Ask the lawyer how long the lawyer has been practicing immigration law. The truth is the only way to gain experience is through time. It’s like anything else. Skill and experience only develops through time. However, keep in mind that the amount of years a lawyer has been practicing law does not always mean that the more the lawyer has been practicing law, the more experienced the lawyer is. The length of time is just one factor. Another element is a winning track record. Also, look into whether the lawyer is experienced enough that the lawyer actually lectures and teaches other lawyers about the practice of law. There are so many factors you need to take into account. However, I have learned that the single most important element in making sure you have a great lawyer on your side is how the lawyer treats the client. If you feel that the lawyer doesn’t really care about your case, mistreats you or speaks down to you, then you may want to speak with another lawyer.
I am personally involved with each of my clients’ cases. I truly care. I know how important immigration issues are for my clients. There are lives at stake. I have been practicing law for over 11 years and have represented thousands of clients. Yes, thousands. So, it is only natural that you gain plenty of experience with the passage of time and representation of so many clients. The truth is that I continue to learn every single day. I also lecture and teach other lawyers in the practice of immigration law. However, the single most important lesson is that people deserve to be treated with kindness and caring. I ask myself, how would I want to be treated? That is how I treat my clients.
Okay, let’s get back to the topic at hand. After you have hired an experienced lawyer, what should you expect? Well, it is very likely that if your I-130 (marriage based petition) has been denied, you will be placed in deportation or commonly known as removal proceedings or Immigration Court. This may be a stressful time in your life, but do not panic. Immigration makes mistakes all the time. You know that they made a mistake with your case by denying it. You just need someone to get Immigration to see that they made a mistake. I’ll give you an example. Just recently, clients came to my office to tell me that their marriage based case was denied and that Immigration does not believe that their marriage is real. Guess what? They have two children together and Immigration still denied their case because during the interview the couple was unable to provide similar answers to questions. This sounds so stupid, but it is reality. Many Immigration decisions do not make sense. However, when these things happen, you need a lawyer to show Immigration how dumb their decision is. This is the job of your lawyer.
Your lawyer should now take control and let Immigration know that it made the wrong decision.
