Want to know the big secret to winning I-601 waiver cases?
I learned it early in my career at a seminar for new attorneys. A judge, running the course, gave me a piece of advice that guides me to this day. It’s proven crucial in countless trials and appeals with immigration courts and agencies.
The advice, though simple, was profound.
Good lawyers, said the judge, prepare in advance. They know their evidence before their hearings start. They maximize their clients’ chances of success.
He left his native county at the age of 20 to find work. Born in an impoverished area of a poor country, he left home to earn money which he could send back to his mother and eight siblings.
He ventured through, and stayed briefly at, a few countries, eventually reaching the United States.
For the next 25 years, he crisscrossed California, Arizona, and Utah, moving from crop to crop before settling in San Diego where he worked as a dishwasher at one of the city’s most prestigious restaurants.
All that is gold does not glitter. Not even wedding rings, especially from second spouses.
Because marriages are one of the easier paths to winning permanent residence, they invite close immigration scrutiny.
An immigrant’s second marriage prompts extra caution. Besides assessing the authenticity of the current union, government officers probe the first marriage and divorce for indicators of marriage fraud.
For immigrants, a divorce is not always the worst aspect of divorces. In many instances, a divorce has no impact on immigration status.
On the other hand, navigating the issues of family court proceedings is often like tip-toeing through a field of landmines. One misstep and permanent residency or citizenship dreams are shattered.