Could your immigration history affect your green card application?
For many individuals and families in San Bernardino County seeking permanent residence is not a straightforward process. Past entries, long stays in the U.S., or filings left unfinished often resurface when when new applications are filed.
In these situations, the biggest risk is not the application itself. Rather, the danger is filing without clarity – without knowing whether your immigration history could cause problems once you file. For when an application is submitted, the government will look beyond the current paperwork and review older immigration records that have not been examined for years.
Knowing what possible issues may arise ahead of time helps prevent surprises, puts you in a stronger position, and allows you to move forward with greater confidence.
That is the foremost purpose of this page. To help individuals and families who want a careful, realistic assessment whether filing for permanent residence is a good idea, right now, based on what is already in their immigration records.
Ready to get clarity about whether filing is safe given your past immigration history? San Bernardino Green Card Guidance For Families Worried About Past Immigration History. Learn The Risks Before Filing And Taking The Next Step.
Ready to get clarity whether filing is safe given your past immigration history? Schedule a personalized strategy and planning session today.
What To Know About Past Immigration Issues Before You File
Immigration clients cannot outrun their past.
Perhaps an immigrant, seeking a marriage-based green card, was suspected of marriage fraud in the past. Or a spouse, who entered the U.S. on a K-1 fiance visa did not marry her petitioner, yet never left the country. Maybe a young child was brought into the U.S. without authorization multiple times as a minor by his parents.
These are the types of issues a green card application can prompt the government to examine a person’s past. Prior immigration actions which have not been reviewed for a long time can lead to consequences that cannot be overcome. Withdrawn applications, past entries, overstays, and unfinished petitions can resurface during background checks or when an applicant’s older files are pulled.
Something that seemed minor years ago — can matter more under today’s rules. Once the government raises these issues, they are often hard, if at all possible, to fix. This is why filing your paperwork too soon, or before your history is fully analyzed, can and does sometimes put green card applicants in a worse position than waiting.
For an overview of permanent residence options and processes, visit our green card lawyer page.
Who Should Read This Page
Before Taking The Next Step
This page is for individuals and families who:
- Have a past immigration history and are unsure how it might affect a new green card application
- Worry that filing now could bring up questions about older entries, overstays, or prior applications
- Have been told different things about their case and want a clearer picture before taking action
- Want to understand potential risks before filing, rather than dealing with surprises after it is too late
- Considering whether waiting, taking a different approach, or filing now is the safest option
Before you file, it is important to understand how your immigration history may be reviewed so you can protect your long-term goals.
Issues That Often Surface In
San Bernardino Green Card Cases
It is not uncommon for green card issues to emerge while an application is pending.
In some San Bernardino cases, obstacles arise after a significant life change — such as the end of a marriage, the loss of a petitioning family member, or a child aging out of eligibility.
Other matters involve older filings that were never completed, withdrawn, denied, or later rediscovered during a new application process.
Other issues stem from older immigration history that may not have been reviewed for many years. These can include filings which resurface when a new green card application prompts the government to look back.
Common situations that can affect a green card case include:
- Older entries into the U.S. with little or missing paperwork
- Prior petitions that were withdrawn, denied, or never completed
- Records that are missing, inconsistent, or filed under different names or birthdates
- Applications filed years ago when the rules—or the paperwork—were different
- Immigration issues that arise after a major life change, such as divorce, death of a petitioner, or a child aging out
- Legal questions or deadlines that only become apparent once older records are reviewed
When reviewing these situations, our focus is on determining whether you are eligible under current law given your history, whether safer alternatives exist, and how to move forward without creating unnecessary risk to your long-term immigration goals.
For San Bernardino families, understanding what may come up before filing is crucial to avoid problems that are difficult – sometimes impossible – to overcome later.
Visit here for a broader discussion of immigration services in San Bernardino.
Deciding Whether To File, Wait,
Or Reassess Strategy
Even if you qualify under today’s rules, filing right now may not be the safest move when past immigration history is involved.
Once a green card application is submitted, immigration officers will cross-check information in different government systems and databases.
Prior filings, visa history, and differences across your records are often discovered and reexamined, leading to iquestions about things that were never raised before. If your history is complicated, it is important to understand what the government may review — and what it may find — before you file.
In cases involving older or unclear records, these reviews often focus more on what happened years ago than on the current application itself.
Even when approval is possible, the process can involve delays or inquiries that could have been anticipated with a careful review before filing.
In some cases, waiting gives you time to gather missing records, clear up inconsistencies, or reduce the chances of past immigration events hindering a future filing. In other cases, you may learn that taking a different approach may be safer than moving forward with the plan you started with.
Deciding whether to file now or wait requires understanding not only the impact of your immigration history, but also how your past coincides or conflicts with today’s rules.
Serving Families Across
San Bernardino County
Although this page focuses on green card cases involving past immigration history in San Bernardino, our office works with individuals and families throughout San Bernardino County and the broader Inland Empire region.
Clients often contact from surrounding communities within the county, as well as neighboring areas like Ontario, Redlands, Yucaipa, and Twenty Nine Palms, when seeking advice on permanent resident issues.
Green Card Questions We’ve Answered For San Bernardino County Families
For several decades, we have advised individuals living in communities throughout the County of San Bernardino on permanent residence issues. Here are a few examples.
Is It Safe to File a Second Family Petition When a Green Card Case Already Exists?
Question: “My brother born in the U.S. is about to turn 21. He wants to file immigrant petitions for me and my mother. But my aunt already filed papers for my mother to get a visa eight years ago. We were told she has to wait about 10 more years. One person informed my brother that my mother cannot file multiple petitions. Another friend said he can file for her. We’re confused. We’re concerned it could affect her existing case in a negative way. It might cause the government to reexamine my mother’s older case, and lead to problems. We want to know to know if filing again is okay – or if it might actually make things worse.” (Submitted by Kathleen I., Colton, CA)
Read the full question and answer: Does Filing More Than One Visa Petition Help Or Harm Immigrants?
Is It Risky to File a Hardship Letter Without Legal Review?
Question: I was told to write a hardship letter to keep my wife from being deported. I need it for a family unity waiver. It seems like our only chance. My nephew helped me write my hardship letter. He is in college. It has about 10 – 15 pages of evidence. The legal assistant helping us prepare the forms thinks this is good enough. But one of my friends heard some bad news stories about these letters. He said I should double-check with an attorney. I’m worried that if I submit a hardship letter which is not prepared properly, it could lead to a denial that will be too difficult to fix.” (Submitted by William L., Highland, CA)
See the complete answer: When Do You Need A Lawyer To Write An I-601 Waiver Hardship Letter?
How San Bernardino Clients Describe Our Approach to Green Card Cases
The following testimonials describe San Bernardino permanent residence cases which describe the experiences clients had with our office.
I Was Afraid My Immigration History
Meant That I Could Never File Again
“I came to the U.S on a work visa. When I got divorced, my papers were cancelled. I was too afraid to ask anyone for help. I lived like this for 15 years.
Then I married again. For over a year I did nothing. I thought it was illegal to file new papers. A friend told me to visit Attorney Batara about my problem. My husband and I went to talk with him, and we hired him on the spot.
Two months later my husband moved out. I thought my dreams were over.
When Attorney Batara called, I would not call him back. I did not reply to his letters. I wanted to be left alone, so one day I returned the call. I talked to his secretary. She was very nice. She convinced me to meet with him before giving up. She said he might be able to find another way to help me.
He listened to my story and laid out a new plan. He said it would be hard. We had to start over again. He was very sincere, so I agreed to try. I’m lucky that I took the chance. He helped me every step, and now I’m finally a legal resident.”
Amalia Rodgers, Victorville, California
A Second Look At A Case
Everyone Else Thought Was Over
“I lost my case at immigration court. I did not know what to do. I started calling lawyers. None of them made me feel good about my case. Most of them did not give me hope and some said there was nothing I could do.
Then I found out about Carlos. After talking to him on the telephone, we made an appointment for Saturday. I had less than 10 days to file my appeal with the BIA. Carlos had a different attitude than the other lawyers. He said that he needed to read my papers before giving me an opinion. I emailed almost 100 pages to him. I drove 2 ½ hours to his office.
He surprised me when he said that he saw an angle to challenge the judge’s decision. He did not sugarcoat my situation. He told me that the issue would be brand new. He had never seen or heard anyone raise it before. He made it clear there were no guarantees but that he would do his best. Carlos seemed sincere. I believed he was telling me the truth. I also knew he went to Harvard and Harvard guys are pretty intelligent. So I hired him.
For two years, I lived in fear of losing and being deported. Then I received a letter from the Board of Immigration Appeals. I was scared to open it. The letter said I won. I felt numb. I started crying. From the bottom of my heart, thank you, Mr. Batara.”
Joseph Talanay, Rancho Cucamonga, California
A San Bernardino Green Card Case Involving Complicated Immigration History
Xiuying, a Chinese citizen, met Henry, a resident of Fontana, through an online dating service. They got along well and he asked her to join him in the United States. He filed a fiancé visa for her. They married. She was granted conditional lawful permanent resident status.
But their relationship changed. Henry became controlling and abusive. She left Henry and moved in with her daughter. She never filed to remove the conditions on her green card.
When her daughter became a U.S. citizen, she filed her own petition to immigrate her mother. At the residency interview, they learned Xiuying had been deported.
Learn how Xiuying overcame the abuse and deportation – Overcoming In Absentia Deportation Order
Ready to get clarity whether filing is safe given your past immigration history? Schedule a personalized strategy and planning session today..
