Don't Fall For These Immigration Myths

Being a green card lawyer, it's disappointing each time I learn that another hard-working immigrant has failed in his or her efforts to become a permanent resident.

Of course, some immigration cases have no chance of success from the outset. But countless immigrants, with good cases, also lose.

In several instances, their cases fall short because they listen to short-sighted myths about the immigration process.

These immigrants, lacking the knowledge to distinguish good from bad advice, file for benefits in a blindfolded fashion. They do not perceive the potential obstacles in their path to permanent residence.

By the time they speak to an immigration deportation defense attorney, it's often too late to reverse their mistakes.

Since I hate to see such opportunities wasted, I decided to share my insights. I want to debunk three of the most common immigration myths, and keep your family from becoming the next casualities.

1) "Laws are the same today as they were a few years ago."

Family members often tell their relatives things like, "I followed the advice of my Uncle Tony, who emigrated successfully five years ago. He didn't hire a lawyer and still received a green card."

This advice can be dangerous. It's simply not true - rules and regulations in immigration law are rarely static.

Strategies that worked even a few months ago may no longer apply today. For instance, your relative may have been admitted to the United States under a program that was cancelled or under a court decision that was overturned last week.

On the bright side, the good news is you may qualify to enter the United States under a brand new provision.

The moral to the story. Be careful not to rely on laws which no longer exist or apply to your situation.

2) "Just fill out the correct forms and you can immigrate to the United States."

There are at least two problems with this advice. Before submitting your petition, you should know why immigration officials want to know certain things about you. You should also know what will happen if your application is rejected.

The information sought in immigration applications seems simplistic. Yet, sharing too much or too little information can be hazardous to your success.

In my view, most people try to be honest when filling out forms. But it's very easy to make a mistake.

With some errors, immigration authorities are not forgiving.

You may be allowed to fix small matters. But on some important issues, there are no do-overs. When you make one of these mistakes, your application will be denied. It's also possible, if you lose, you may end up facing deportation charges..

On the other hand, an experienced green card attorney will recognize red flags which can sink your ship - many of which are not obvious to immigrants filling out their own papers. Equally important, you should be aware immigration officers will also spot these problem areas.

Such problems can be minimized, if not eliminated, with the help of an immigration attorney.

Just remember, when you're on your own, you can't fix what you don't understand.

3) "If you need help, hire an immigration consultant or legal services assistant."

Like the do-it yourself applicants, immigrants seeking non-lawyer assistance focus on price.

Nothing wrong with that . . . if the different services provided by attorneys vis-a-vis consultants are fully considered.

Normally, non-lawyer consultants and advisers will do no more than fill out immigration forms and applications. They are not obligated to assume ongoing responsibilities if clients run into legal problems. Immigration lawyers are under a duty to not only perform their work at a professional level, but also to fix problems which arise after the papework is filed.

In addition, lawyers are required to stay on top of changes to immigration law. When immigration rules change, attorneys must guide you if they might potentially harm your chances of success. Immigration consultants and assistants may do their best to help you but it is not likely they will be aware of the latest trends in the industry.

Before you write a check, make sure you understand these differences.

Generally speaking, attorney fees will be higher than the fees charged by an immigration consultant. The higher fees are related to the greater responsibilities placed on lawyers once you hire them.

Whatever you spend is an investment.

After all, if you win, you get to live and work here. If you lose, you have to return to your home country.

And as an investment, only you can determine the value, versus the costs, of winning.

4) Conclusion

Following these guidelines will not guarantee a visa, green card, or legal residence. Nonetheless, in some cases, they greatly improve the chances for your success.


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If you hope to become a permanent resident and United States citizen, you also need to watch out for immigration fraud scams. For over 17 years. Lake Elsinore immigration attorney Carlos Batara has fought immigration fraud and helped immigrants live and work legally in the U.S. Visit our website at http://www.bataraimmigrationlaw.com and pick up your FREE copy of our e-book, "How To Recognize And Avoid Immigration Fraud."