Beware of attorney guarantees in Immigration cases
Potential clients often ask what is the likelihood that their case will be successful. This is a rational and valid question. Generally, we respond by informing them that we do not file cases with U.S. Citizenship and Immigration Services (USCIS) that do not have merit.
There are other times when a potential client asks us to guarantee the success of their immigration case because another attorney “promised” them that they will be successful.
First, any attorney that promises a favorable result is being dishonest. This is because U.S. immigration benefits (i.e. a Green Card) is discretionary and is determined on a case-by-case basis. Unless the attorney is working for the U.S. government and is the person reviewing your case, s/he cannot guarantee that your case will be approved. Secondly, our office can take steps to ensure that the case will be approved; however, there are many variables that we cannot control that will impact your case.
These are the top TEN (10) reasons why we cannot provide a 100% guarantee that your case will be approved.
- If you are filing a family-based case based on marriage, we cannot guarantee that your marriage will last forever – Unfortunately, some couples may experience marital problems. For this reason, we cannot guarantee that you and/or your spouse will stay together during the entire Green Card process.
- If you are filing a family-based case and the U.S. citizen or U.S. permanent resident (“Petitioner”) must show that s/he can financially support the Spouse/Child/Parent/Sibling (“Beneficiary”) inside of the U.S., we cannot guarantee that you will not lose your job during the Green Card process – Unfortunately, some people will lose their job due to poor performance, lack of necessity, etc.
- We cannot guarantee that you will appear for your appointments and interviews – If you are filing a Green Card case, you may be required to attend various appointments, such as the biometrics appointment and adjustment of status interview. Although we send courtesy reminders to our clients for appointments and/or interviews, we cannot force our clients to attend.
- We cannot guarantee that you will be truthful – If you fail or forget to disclose information, this could have serious consequences on your case. For this reason, it is important to be fully transparent with your attorney.
- We cannot guarantee that you will be able to provide us with the required documents – Before we agree to take a case, we will normally inform the potential client of the types of documents required for the case to be successful. If a client later determines that s/he is unable to locate a particular document or loses a document, it could lead to a denial of their case. This is beyond our control.
- We cannot guarantee that you will refrain from committing crimes after your case is filed – Many immigration benefits require a clean criminal record. Although we require our clients to disclose their criminal past, we cannot anticipate if our clients commit crimes after their immigration paperwork is filed. Committing crimes may lead to the denial of a case.
- If this is a marriage-based Green Card case, we cannot guarantee that your marriage is legitimate – Sometimes, USCIS will conduct site investigations at a client’s home. If USCIS determines that a couple is not living together and/or has doubts regarding their marriage, they will deny the case.
- We cannot guarantee that the laws will not change – Laws change all of the time and we cannot be responsible for changes made by the government. This means that any person that qualifies to obtain an immigration benefit now should act before the benefit is taken away.
- We cannot guarantee which immigration officer will be assigned to your case – When a case is sent to the U.S. Citizenship and Immigration Services (USCIS) it is randomly distributed to an immigration officer. Although we have found the majority of USCIS officers to be fair and impartial, we have also experience officers that appear to be biased. Since immigration officers are randomly assigned, we cannot guarantee that our clients will have a fair an impartial officer. For this reason, we help our clients by creating a strong case.
- We cannot guarantee if you have to undergo an extensive security and background check – Clients that belong to certain religious or political groups were born in certain countries, or have similar names to known terrorist may find their cases in limbo. The government has not published a statement describing why certain cases undergo a second level security review and why they take so long, so we cannot guarantee how fast your case will be processed.
For more information on Immigration in Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.
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