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Last Chance Defense: 10 Types Of Hard Immigration Cases You Can Win (Wherever You Live)



Too many immigrants give up at the first sign of adversity.

They get notice of a pending defeat from the U.S. Citizenship and Immigration Services USCIS), or they have a tough case at Immigration Court, or they receive a negative decision at an American Consulate office abroad.

They feel all is lost.  Well, maybe it is.  But maybe it’s not.  This is where fighting back is important.

When the going gets tough, after all, the tough get going.

Difficult cases have been a core component of our services, coast to coast, for nearly three decades. .

If you wonder what types of help can a law office provide for immigants on a nationwide basis, here are some insights about hard cases which can be fought and won, no matter where you live, or where you were born – even on a long distance basis.

1. Requests For Evidence

Eli, born in Cuba and living in Florida, had only 21 days to file an RFE or the green card application filed for his wife from Colombia did not prove extreme hardship.

Do not let the government’s request for more evidence baffle you.  Here are some tips on how to successfully respond to such inquiries: What You Need To Know About Requests For Evidence.

2. Motions To Reopen And Reconsider

James, born in China and living in Chicago, filed for his step-daughter. USICS, alleging visa fraud, denied her I-485. To fight back, we filed a 290B motion to reopen and reconsider.

Here are some important insights when your last chance immigration defense involves winning a motion to reopen and reconsider with USCIS: How Motions To Reopen And Reconsider Can Help You Win A Green Card After Denial.

3. Violence Against Women Act (VAWA)

Cara, born in Jamaica, moved to Lousiana with her same-sex U.S. citizen spouse, who began to abuse her daily. Under VAWA, she won a green card.

This video explains how you can win a green card even when there has been no direct physical harm: VAWA Keys To Prove Extreme Cruelty.

4. Immigration Court Appeals

Gavino, born in Honduras and living in Texas, was given a Notice To Appear at Immigration Court. His lawyer failed to raise a crucial defense. We filed an appeal with the BIA and his case was sent back to court for a new trial.

For more information on our appellate services for immigration court cases, see: Immigration Appeals.

5. K-1 Fiance Visa Denials

Elesa, a resident of Russia, met her fiance who was living in Seattle. They fell in love. He flled a K-1 petition, using an internet-based company. The visa was denied due to insufficient evidence. 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: 7 Red Flags That Can Wreck Your Fiance Visa Case.

6. Marriage Green Cards

Pauline, born in Greece and living in Boston, sought a green card via common law marriage to a U.S. citizen. The government denied the petition.  On appeal, she prevailed.

Government officials often fail to recognize marriages that do not look “normal”.  But the reality is that not marriages fit into a “one type fits all” formula.  And when couples are not careful, certain errors can undermine their applications to be together forever.  Before giving up, take a quick look at How To Overcome Marriage Green Card Denials.

7. I-601 and I-601A Hardship Waivers

Grace, born in Mexico and living in Arizona, petitioned her spouse via a notario. Months later, they learned he needed a waiver. The notario would not help them.

Winning I-601 and I-601A are difficult.  Yet, they are essential for many immigrants.  And, for many, they are the last chance defense to keep their families together.  Here are 8 Tips To Win Your Family Unity Hardship Waiver Case.

8. Temporary Protected Status

Andrey, from Ukraine and living in Hawaii, was denied TPS due to firm resettlement policy. Motions to reopen and reconsider were filed. USCIS reversed its decision.

TPS is a program under constant political attack.  As a result, you must learn the rules for temporary protected status, and be careful to meet the various rules for success.

Like Andrey, do not simply quit if your application is denied.  The page explains, before you seek TPS benefits, what you should know: What You Need To Know About The Current Status Of Temporary Protected Status.

9. USCIS Notices Of Intent To Deny (NOID)

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, she was granted a visa.

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: Why You Must Respond To A Notice Of Intent To Deny.

10. I-130 Immigrant Relative Visas And Family Petitions

Robert, from Nigeria and living in Boston, remarried. His new wife’s I-130 was denied due to his earlier marriage. They won their appeal, and he is now a green card holder.

Sometimes, with a little extra caution, appealing negative I-130 decisions can be avoided.  Other times, challenging the government is necessary.  A few pointers: How To Prevent And Overcome I-130 Denials.

The Final Word: Victory Depends
On The Right Mental Outlook

Allow me to take a brief moment to briefly touch on the issue of hard immigration cases from another perspective.

The battle within the battle.

The mental battle within the legal battle.

Too, too often when clients contact me, they are facing a difficult situation or pending defeat, When they talk, I hear a negative mindset. It comes out, not openly, but in little drips and drabs as they talk about their immigration situation.

This is the wrong mindset.

The first step of a last chance defense is the courage to fight back

It’s a lesson I learned at an early age.

From a non-lawyer.

My mother.

She taught me the DNA of success at an early age.

She believed in fighting for what was right, what was fair, what was just – no matter what the odds.

She taught me, in other words, that compassion matters in the fight for immigration justice.

You must be compassionate about challenging the government one more time.  Nothing less is sufficient.

When you are in a tough battle, a hard immigration case, and winning seems out of reach, you need to grasp that there are often no easy immigration fixes to difficult problems.

Throughout my career, over and over again, I have been placed in the position of helping the little guy fighting the big giant, the government, for deserving yet frightened clients.

I’ve learned not all cases will be won.  But many can end victorious.

Yet, without leaving all you have out on the battlefleld of law, success is nearly impossible.

And once you get past the notion that the government denial is not unsurmountable, then the issue becomes who are going to call for help when the going gets tough and the chips are down.

Ready to take a serious and honest look at the strengths and weaknesses of your immigration case? Let’s get started with a personalized strategy and planning session . . .