Hard immigration cases are not always lost. Hard immigration cases can be won. Prior denials, RFEs, NOIDs, or complex histories can often be overcome with the right legal strategy, evidence, and preparation. Batara Immigration Law helps clients nationwide evaluate and pursue complex immigration cases that may still be winnable.
Many immigrants are told their cases are “too hard” by others – attorneys, paralegals, and relatives. Past immigration violations, adverse visa, green card, or citizenship decisions, or border entry issues cause applicants to lose hope.
At Batara Immigration Law, we focus on hard immigration cases that may still be viable with the right legal strategy, evidence, and preparation. Through a secure virtual immigration law office, our firm helps clients nationwide in evaluating and pursuing complex immigration matters
What Makes An Immigration Case “Hard” — And Still Winnable
An immigration case is often labeled “hard” when it involves prior case denials, credibility concerns, missing or inconsistent evidence, alleged fraud, or a complicated personal or immigration history. These types of challenges frequently cause applicants to believe their case is over — even when legal options still exist.
Hard cases commonly include situations where USCIS or a consular officer issues a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or an outright denial based on how evidence was presented rather than on ineligibility itself. In other cases, problems stem from a client’s past filings, prior marriages, unlawful presence, criminal records, or gaps in documentation.
Yet, a case may still be winnable when the underlying law allows discretion, additional evidence can be introduced, or mistakes can be corrected through motions, appeals, or strategic re-filing. Success often depends not on starting over, but on identifying what went wrong, addressing the government’s credibility or evidentiary concerns, and presenting the case, once again, this time with sufficient clarity and proof.
How Hard Immigration Cases Are Evaluated — And When To Move Forward
Not every difficult immigration case should be pursued in the same way. Some matters require immediate action to preserve legal rights, while others benefit from careful preparation before any filing or challenge is made. Determining the right path forward begins with a detailed evaluation of both the case facts and the governing law.
The evaluation process for hard cases must consider risk. Certain actions can trigger unintended consequences if pursued prematurely or without adequate preparation.
Hard immigration cases typically require examining the reasons for the government’s concerns or denials, the strength and consistency of the existing record, and whether additional evidence or legal arguments can address the issues raised. This involves reviewing applications filed, interview notes, supporting documentation, and decision notices to identify where the case broke down.
In some situations, moving forward may involve filing a motion to reopen or reconsider, pursuing an appeal, or responding to an request for evidence or notice of intent to deny within a strict deadline. In other cases, the better strategy is to pause, gather stronger evidence, clarify inaccuracies, or wait until the grounds for legal eligibility improves. Timing, discretion, and procedural posture, in short, are often as important as the true facts of an immigrant’s case.
We Handle Hard Immigration Cases (Wherever You Live)
Hard immigration cases come in many forms.
- A denial from the U.S. Citizenship and Immigration Services (USCIS)
- An unfavorable ruling at their Immigration Court hearing
- A negative decision at an American Consulate office abroad
Faced with such adversity, many immigrants feel all is lost. Well, maybe it is. But maybe it’s not. This is why figuring out whether a successful challenge can be mounted is crucial.
When the going gets tough, after all, the tough get going.
Hard cases that can be overcome share one thing in common: the case did not fall short because the applicant was ineligible. Rather, the evidence, the legal framing of issues, or the procedural handling was insufficient or misunderstood.
Representative Examples Of Hard Immigration Cases We’ve Handled
Representing immigrants and their families in difficult cases has been a core component of our services, coast to coast, for over three decades.
The following examples illustrate the types of complex immigration matters that may still be worthwhile to pursue when handled with careful leqal analysis, strategic preparation, and strong supporting evidence. .
Requests For Evidence And Tight Deadlines
Eli, born in Cuba and living in Florida, had only 21 days to file a response to an RFE and prove the marriage green card application filed for his wife from Colombia was supported by evidence showing extreme hardship.
Here are some insights regarding how USCIS officers evaluate these notices and how to successfully respond to RFEs and Notices of Intent to Deny.
Motions To Reopen And Reconsider After Allegations Of Fraud
James, born in China and living in Chicago, filed for his step-daughter. USCIS, alleging visa fraud, denied her I-485. To overcome the government’s decision, it was necessary to file a 290B motion to reopen and reconsider within 30 days. She won and is now a U.S. citizen.
Additional information about post-denial options and procedural requirements is available in our overview of motions to reopen or reconsider denied USCIS cases.
VAWA Self-Petition After Domestic Abuse
Cara, born in Jamaica, moved to Louisiana with her same-sex U.S. citizen spouse, who began to abuse her daily. She fled to another city. To prevail under the Violence Against Women Act, we had to trace and obtain evidence from the two other locations, in order to support her claims.
To learn more about eligibility, evidence and strategy in domestic violence cases, an overview is available on our page explaining VAWA self-petitions and immigration options for abused spouses and family members.
Immigration Court Appeal After Attorney Error
Gavino, born in Honduras and living in Texas, was given a Notice To Appear at court to face deportation charges. His lawyer failed to raise a crucial defense. He was ordered to be removed from the United States. We filed an appeal with the BIA and his case was sent back to court for a new trial.
For more information about appellate review and when challenging a denial may be appropriate is provided on our page discussing immigration appeals based on legal or procedural error.
K-1 Fiancé Visa Denial Based On Insufficient Evidence
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Elesa, a resident of Russia, met her fiancé who was living in Seattle. They fell in love. He filed a K-1 petition, using an internet-based “Do It Yourself” company. Due to insufficient evidence, the visa was denied. We refiled, they won, and finally were married in the U.S.
Certain issues cause many couples to lose their K-1 cases. These issues are “red flags” for the government. Learn these issues and ensure you provide USCIS with convincing evidence that your relationship is genuine in our discussion of common red flags that lead to K-1 fiance visa denials.
Marriage Green Card Denial Involving Legal Misinterpretation
Pauline, born in Greece and living in Boston, sought permanent residence via common law marriage to a U.S. citizen. The government denied the petition. On appeal, she showed the government’s position was based on a misinterpretation of law.
Government officials often fail to recognize marriages that do not look “normal”. But the reality is that marriage does not fit into a “one type fits all” formula. An outline of credibility issues, evidentiary pitfalls, and common errors that can cause couples to face heightened suspicion is available in our guide explaining common mistakes that lead to marriage-based green card denials.
I-601 Hardship Waiver After Filing Failure
Grace, born in Mexico and living in Arizona, petitioned her spouse via a notario. Months later, they learned he needed an approved I-601A waiver at his consulate interview abroad or he could not return to the United States. The notario had disappeared. Meanwhile, her husband was stuck overseas. We prepared his waiver request, and he was able to return to his family in the U.S.
Winning I-601 and I-601A are difficult. Additional information of how hardship is evaluated and where these cases commonly fail is explained in our article about how extreme hardship is evaluated in I-601 and I-601A waiver cases.
Temporary Protected Status Denial Based On Policy Error
Andrey, from Ukraine and living in Hawaii, was denied TPS due to firm resettlement policy. Motions to reopen and reconsider were filed, challenging the government’s policy. USCIS reversed its decision.
TPS is a program under constant political attack. Additional discussion of post-TPS risks and possible next steps can be found in our overview of options for permanent residence after Temporary Protected Status ends.
Notice Of Intent To Deny As Result Of Past Border Entry
Bruce, in Romania on military duty, met his wife. He wanted to move to Kansas. She was sent a NOID due to a previous entry. After filing a waiver, challenging the border officers’ actions, she was granted a visa to join her husband.
A Notice Of Intent To Deny means this is your last chance to straighten things out with USCIS before they formally deny their case. Learn more here about why you must respond to a notice of intent to dDeny.
I-130 Petition Denial Following Prior Marriage Issues
Robert, from Nigeria and living in Boston, remarried. His new wife’s I-130 was denied due to his earlier marriage where the previous petition was withdrawn due to divorce. He was accused of marriage fraud. After filing an appeal, his new wife’s I-130 was approved and he now owns a successful business.
For an in-depth discussion of why family-based petitions are denied and how credibility and evidence issues are evaluated is available in our guide explaining how spousal I-130 petition denials are evaluated and addressed.
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Facing a difficult or denied immigration case can feel overwhelming, especially when prior filings, government notices, or complex histories are involved. Not every hard case should move forward in the same way, and understanding your options requires careful legal evaluation.
Batara Immigration Law works with clients nationwide to help assess complex immigration cases, identify potential paths forward, and determine whether pursuing further action is in their best interests.
If your immigration case has been denied, challenged, or labeled “too difficult,” you owe it to yourself and family to find out if your case might still be winnable and, if it is, how to proceed responsibly.
How To Get Started
Ready to take a serious and honest look at the strengths and weaknesses of your immigration case? Let’s get started. Schedule your personalized strategy and planning session today.
