When you’re considering applying for a National Interest Waiver (NIW) in Charlotte, NC, you might wonder if you need an attorney. After all, isn’t it just a matter of filling out some paperwork? The truth is, the NIW application process is intricate, and having an attorney by your side can be the difference between approval and denial. In this post, we’ll delve into the role of an attorney in the NIW application process and why their expertise is invaluable.

Why is the National Interest Waiver Important?

The National Interest Waiver is a U.S. immigration process that allows certain foreign nationals to apply for a green card without employer sponsorship or a Labor Certification if they can demonstrate their work benefits the United States significantly. In Charlotte, NC, with its booming industries and diverse population, the NIW can be a golden ticket for many professionals.

The Intricacies of the NIW Application Process

The NIW application process is more than just ticking boxes. It requires a deep understanding of U.S. immigration laws, a strategic approach to presenting your case, and a keen eye for detail. Here’s a breakdown of the process:

• Eligibility Assessment: Before you even start, you need to determine if you qualify. This involves understanding the specific criteria set by the U.S. Citizenship and Immigration Services (USCIS) and evaluating if your profession and achievements align.
• Document Compilation: This isn’t just about your resume. It’s about gathering recommendation letters, evidence of your work’s impact, and more. Each document plays a pivotal role in strengthening your case.
• Form Filling: While it might seem straightforward, the forms required by USCIS are detailed and can be confusing. A single mistake can set you back months.
• Case Presentation: This is where the narrative of your application comes into play. It’s not just about showing you meet the criteria, but demonstrating that the U.S. will benefit significantly from your contributions.

Why You Need an Attorney for Your NIW Application in Charlotte, NC

1. Understanding the Complexities: The NIW application isn’t just about filling out forms. It’s about presenting a compelling case that your work is of “national interest.” An attorney can help you understand the nuances and craft a persuasive narrative.
2. Navigating the Legal Landscape: Immigration laws and policies are constantly evolving. An attorney stays updated with the latest changes, ensuring your application aligns with current regulations.
3. Avoiding Common Mistakes: Simple errors can lead to delays or even denials. An attorney’s meticulous review ensures your application is error-free.
4. Building a Strong Case: Beyond the basic requirements, an attorney can help gather supporting evidence, draft recommendation letters, and prepare you for potential interviews.
5. Local Expertise: Especially in Charlotte, NC, where local industries, opportunities, and community nuances might play a role in your application, an attorney familiar with the region can provide tailored advice.

Benefits of Hiring an Attorney for Your NIW Application

• Higher Success Rate: With their expertise, attorneys can significantly increase the chances of your NIW application being approved.
• Peace of Mind: Knowing a professional is handling your application allows you to focus on your work and life without the constant stress of the application process.
• Efficiency: An attorney can streamline the process, ensuring timely submissions and quicker responses.

The Charlotte, North Carolina Advantage

Charlotte, NC, is not just any city. It’s a hub of innovation, business, and culture. When applying for an NIW here, you’re not just competing with local talent but with professionals from across the globe who see Charlotte as their dream destination. This makes the application process even more competitive.

An attorney with the Charlotte Immigration Attorneys at The Fogle Law Firm LLC understands this dynamic. They’re familiar with the local industries, know the key players, and can guide you on how to position your application to highlight the unique benefits you bring to the city and the nation.

Deep Dive: What Makes a Successful NIW Application?

A successful NIW application is more than just meeting the minimum requirements. It’s about showcasing how your unique skills, experiences, and contributions align with the broader national interests of the U.S. Here’s what stands out:

• Evidence of Past Successes: Whether it’s groundbreaking research, innovative projects, or significant contributions to your field, showcasing your past successes can be a strong indicator of your future contributions.
• Recommendation Letters: These aren’t just generic letters of support. They need to be from influential figures in your field who can detail your contributions and their significance.
• Future Plans: The USCIS wants to know that you’re committed to staying in the U.S. and continuing your work. Detailing your future plans and projects, and how they align with national interests can strengthen your case.
• Personal Narrative: Beyond the facts and figures, your personal story matters. How did you get here? What drives you? How do your personal experiences shape your professional contributions? A compelling narrative can make your application memorable.

The Financial Aspect: Making a Wise Investment

While there’s a cost associated with hiring an attorney, think of it as an investment in your future. The potential setbacks, delays, or denials from a poorly handled application can be far more costly in the long run. This is the case not only in terms of application fees but also in missed opportunities, time, and emotional stress. An attorney’s fee is a drop in the bucket compared to the potential benefits of a successful NIW application.

Feedback and Continuous Communication

One of the underrated benefits of hiring an attorney is the continuous feedback and communication. They keep you informed at every stage, ensuring you’re never in the dark. This transparency builds trust and ensures that you’re always aware of where your application stands.

The Bottom Line

While the NIW application process might seem daunting, remember that you’re not alone. An experienced attorney can be your compass, guiding you through the maze of regulations, forms, and evidence. They don’t just offer legal advice—they offer peace of mind, a strategic approach, and a higher chance of success. For anyone in Charlotte, NC, looking to secure a National Interest Waiver, partnering with an experienced attorney can be the best decision you can make.

Contact a Charlotte Immigration Attorney

Do you have questions about becoming a U.S. citizen with the help of an immigration attorney in Charlotte? Then contact the Charlotte Immigration Attorneys – The Fogle Law Firm LLC through our website or by calling 704-405-9060. We look forward to helping you at this time.

First, an easy answer: an immigration lawyer cannot speed up the green card process beyond what’s allowed by law or regulation. However, an experienced immigration attorney can do a lot to make sure your interests and rights are defended in your legal proceedings.

Why A Charlotte Immigration Attorney is Key

Immigration law is second only to U.S. tax law in its complexity. It can also be unforgiving. Any mistakes in an application for a visa or green card or in the evidence you provide as part of your application can lead to years-long delays or even outright denials and deportation.

Immigration lawyers represent individual and business clients before the USCIS, the Board of Immigration Appeals, and in Immigration Courts and the federal circuit courts on issues dealing with immigration, emigration, visas, green cards, adjustment of status, political asylum, and other important immigration and naturalization issues. All that—and all kinds of other issues—make it critical for you to hire an experienced immigration attorney.

Immigration Appeals, and in Immigration Courts and the federal circuit courts on issues dealing with immigration, emigration, visas, green cards, adjustment of status, political asylum, and other important immigration and naturalization issues. All that—and all kinds of other issues—make it critical for you to hire an experienced immigration attorney.

So although an immigration attorney can’t speed up the green card process, they can help you with a range of issues. 

An experienced immigration attorney interprets the law for you and on your behalf, helping you understand your rights, possibilities, and strategies. Your attorney also guides you (or, if applicable, your sponsoring U.S. family member or employer) through every step of the U.S. immigration process.

Assessments and Documentation

Your immigration attorney is crucial to assessing whether you’re eligible for a visa, green card, or other immigration benefit based on your specific circumstances. They’ll be able to identify any potential risks or issues that may arise during your application process and provide you with any applicable exemptions.

As part of their service to you, your immigration lawyer will prepare virtually all of the paperwork that’s required of you or your employer, which can save you hours. They will also help you get organized about which items you must collect on your own, such as birth certificates, marriage certificates, and other relevant documents.

Furthermore, your attorney makes sure that the various forms, documents, statements, and testimony you submit are all clear, correct, and consistent. Many immigration applications depend on the U.S. government officer believing your story, so entering inconsistent information on different forms by mistake can create huge problems.

Anticipating Delays and Leveling Expectations

Also importantly, an experienced attorney can help set your expectations about how the U.S. Citizenship and Immigration Service (USCIS) responds to your application and other submissions. The process is full of delays and difficulties. Your lawyer should know how to minimize or deal with those delays and what issues you should prepare for to ensure your applications don’t get held up on legal technicalities.

Help With Both Employment- and Family-Based Immigration

Your immigration lawyer can help both employers and employees navigate the complex process of obtaining employment-based visas, green cards, and other immigration benefits.

An experienced Charlotte immigration lawyer can also assist with your family-based immigration case. Your immigration attorney can help you bring your family members to the United States through family-based visas and petitions. Providing evidence, filing forms, and diligent timeliness are all important factors in the process of family-sponsored immigration, and your lawyer will be able to help you with all those details.

Assistance with a Change of Immigration Status

Immigration law can get very complex when you’re in the United States with one type of visa or status and you wish to switch to another or have what’s legally called a “change of status.” Many people successfully pursue such changes, but things you might have taken for granted before, like the right to travel in and out of the U.S. on your existing visa, might put your current application in jeopardy. That’s when an immigration attorney’s advice is to avoid creating problems that could have easily been avoided.

Help If You’re Facing Removal Or Deportation

If you are in deportation or removal proceedings, your immigration attorney’s role will be clear. They will be able to research the law to find every way to defend you; help you and any witnesses prepare for your court appearance; deal with procedural requirements and deadlines; write briefs that argue the law on your behalf; and be there with you in hearings to represent you and help you present your case.

The fact is that the U.S. government will be represented by its attorney, whose main goal is likely to deport you. And if you don’t have a lawyer, you can’t depend on the judge deciding your case to steer you to answer in your best interest. Only your attorney will advise you on how best to answer questions and otherwise proceed in court.

Defending You in a Criminal Immigration Case

Nearly every USCIS form requires that the applicant divulge whether they have been convicted of a crime. The applicant must disclose their entire criminal record, including charges that were dropped or later expunged. If you’re facing criminal charges that could affect your immigration status, your immigration attorney can defend your rights and your ability to remain in the United States.

Contact The Fogle Law Firm, LLC

Need help with? Contact Charlotte Immigration Attorneys – The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.

Every year, many families in Charlotte await the outcome of their family-based immigration cases. Unfortunately, not all applications are approved. If your family-based immigration case has been denied, it’s essential that you understand your options and the steps you can take to appeal the decision. The following will walk you through potential reasons for denial, and what the appeal process entails. You’ll also find strategies for success, including getting help from a family-based immigration lawyer. With the right approach and guidance, a denial shouldn’t be the end of the road. It’s just a hurdle that can be overcome with persistence and knowledge. When you understand the specifics of the immigration system and use the expertise of a Charlotte immigration attorney, you can navigate the appeals process toward a favorable resolution.

Understanding the Reasons for Denial

The first step in addressing your denied family immigration case is understanding why it was denied. Common reasons include:

• Incomplete or Incorrect Documentation: This is one of the most frequent causes of denial. The U.S. immigration system is stringent about paperwork, and any missing or incorrect information can lead to a rejection. It’s not just about filling out forms—it’s about ensuring every detail aligns with the requirements. Even a single mistake can jeopardize your entire application, which is why you need to be meticulous and thorough when you prepare your documentation. Making sure your documents are accurate and complete can significantly increase your chances of approval.
• Public Charge Grounds: If immigration authorities believe an applicant might become a public charge (relying on public benefits), they might deny the application. This decision stems from the concern that immigrants might become a financial burden on the state. To allay that concern, it’s critical that you demonstrate financial stability and independence when applying. Providing evidence of employment, assets, or financial support can be instrumental. Showcasing your financial resilience can alleviate concerns and bolster your application.
• Inadmissibility Grounds: Reasons can range from health-related issues, criminal history, or previous immigration violations. Each of these grounds has its own set of criteria and considerations. For instance, a minor health issue might not be as concerning as a contagious disease. Similarly, a minor traffic violation might not carry the same weight as a serious criminal offense. Understanding the nuances of inadmissibility grounds can help you address them effectively in your appeal. Being proactive in addressing these concerns can pave the way for a successful appeal.

The Appeal Process: Navigating the Complexities

If you believe that your case was unjustly denied, you have the right to appeal. Here’s a brief overview of the process:

1. Notice of Appeal: Once you receive a denial, you typically have 30 days to file a Notice of Appeal, which formally declares that you disagree with the decision and want to challenge it. But this notice is more than just a formality—it’s your initial step in asserting your rights and showing your commitment to the process. You need to file this notice promptly and accurately to ensure your appeal is considered.
2. Gathering Evidence: Strengthen your appeal by gathering additional evidence or documentation that addresses the reasons for the denial. This might include affidavits, medical records, or other pertinent documents. Evidence is the backbone of your appeal. It’s not enough to just state your case—you need to back it up with tangible proof. All the evidence you provide strengthens your position and demonstrates that you want to rectify the situation. If you document your appeal well, you can significantly increase your chances of success.
3. Oral Argument: In some cases, you might be able to present your case in person, which gives you a chance to either clarify any misunderstandings or provide additional context. An oral argument lets you humanize your case, put a face to your application, directly address concerns, answer questions, and make a compelling argument for your appeal. Personalizing your appeal can create a connection and foster understanding, potentially swaying the decision in your favor.

Strategies for a Successful Appeal 

Appealing a denied family immigration case isn’t just about refiling paperwork. It’s about presenting a compelling case. Here are some strategies you can consider:

• Get legal help. An experienced immigration attorney can help you avoid common mistakes in the appeal process. Their expertise is rooted in years of experience and a deep understanding of immigration law. They can guide you through the details of the system, ensuring you make informed decisions at every step. This type of help can give you clarity and direction, ensuring your appeal is as strong as possible.
• Address all concerns. Make sure your appeal directly addresses all the reasons cited for the initial denial. Be thorough and leave no stone unturned. Addressing concerns means understanding them first. Dive deep into the reasons for your denial, and craft a response that directly counters each point. This will show the authorities that you’re proactive and committed to resolving any issues in order to get to a successful appeal.
• Stay updated. Immigration laws and policies can change. Stay informed about any new regulations or criteria that might affect your appeal. Immigration law is dynamic, and policies can evolve for all kinds of reasons. By staying updated, you ensure that your appeal aligns with the latest requirements, increasing your chances of success.

The Value of an Experienced Immigration Attorney

Although it may be possible for you to navigate the appeal process on your own— immigration law is very complex, and for the non-professional, it is very easy to make costly mistakes. With a seasoned immigration attorney who understands the ins and outs of family-based applications, you don’t just increase your chances of a successful appeal—you also ensure that your case is handled with the utmost care and precision. Hiring Charlotte Immigration Attorneys – The Fogle Law Firm LLC can make all the difference and transform a case that would be denied into an approved case. Their expertise extends beyond just knowledge of the law and entails decades of experience in this field of immigration law. They understand the emotional and personal stakes involved and can offer not just legal counsel but also emotional support. With their guidance, you can navigate the appeal process with confidence, knowing that they are addressing every detail. Their support can be invaluable, providing both legal expertise and peace of mind during this challenging time.

Contact The Fogle Law Firm, LLC

Need help applying for asylum? Contact Charlotte Immigration Attorneys – The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.

If you have a record of committing certain crimes, it may make you legally inadmissible to the United States. That means you would be ineligible to receive either a temporary nonimmigrant visa or an immigrant visa (i.e., lawful permanent residence with a green card), regardless of whether you otherwise seem to meet the qualification requirements for one.

The list of the crimes or violations that would prevent you from admission is contained in Section 212 of the Immigration and Nationality Act or I.N.A. Here’s a brief summary of what that law says.

Criminal Grounds of Inadmissibility

You become inadmissible to the U.S. if you have been convicted of, admit to having committed, or admit having committed acts that add up to the essential elements of one of the following:

• A crime involving moral turpitude (other than a purely political offense) or attempting or conspiring to commit such a crime. Two exceptions exist: 1) if you committed the crime while under 18 years of age and were released from any prison or confinement more than five years before applying for a visa or other immigration benefit, or 2) if the maximum penalty possible for your crime is less than one year’s imprisonment, and you were not sentenced to more than six months.
• A violation of (or a conspiracy or attempt to violate) any controlled substance (drug) law, whether it’s a U.S. or foreign law.
• Multiple criminal convictions (two or more, other than purely political offenses) for which the total aggregate prison sentences were five years or more. It doesn’t matter whether the conviction came from a single trial or scheme of misconduct or separate ones.
• Illicit trafficking in any controlled substance (drug). No actual conviction is required for this one. It’s enough that the consular officer or the Attorney General has reason to believe that you’ve been a trafficker or even a knowing aider, abettor, assister, conspirator, or colluder with others in illicit trafficking.
• Benefiting from illicit drug trafficking if you’re a spouse, son, or daughter of the trafficker within the previous five years. This means having obtained any financial or other benefit from such illicit trafficking while having known or reasonably should have known where the money or other benefits came from.
• Prostitution and commercialized vice. This applies to you if you have engaged in prostitution (within ten years of applying for a visa or other immigration benefit), as well as if you’ve been involved in procuring prostitutes or have received proceeds from prostitution, as well as if you come to the United States to engage in any other unlawful commercialized vice.
• Involvement in serious criminal activity, where you have asserted immunity from prosecution, departed the United States as a result, and not subsequently submitted to the jurisdiction of the relevant U.S. court.
• Particularly severe violations of religious freedom while serving as a foreign government official.
• Human trafficking, whether inside or outside the United States, or apparently being a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons.
• Benefiting from human trafficking if you are a spouse, son, or daughter of the trafficker within the previous five years, where you knew or reasonably should have known where the money or other benefits came from. There is an exception if you were a child at the time of receiving the benefit.
• Laundering of monetary instruments or apparently being a knowing aider, abettor, assister, conspirator, or colluder with others in money laundering.

Getting a Waiver of Inadmissibility

Immigration law does offer a potential way for you to overcome your criminal record as the cause of your inadmissibility. You might be able to apply for a waiver (legal forgiveness), thus making you eligible for U.S. admission if you meet various eligibility requirements. Because the waiver comes from Section 212(h) of the Immigration and Nationality Act, it’s widely referred to as a 212(h) waiver.

You might be able to get a waiver if you’re inadmissible due to having committed or done only one of the following:

• A crime involving moral turpitude (CIMT), except murder or torture.
• Two or more crimes with a combined sentence of five years or more (except for murder or torture).
• One offense relating to simple possession of 30 grams or less of marijuana. This is the only category of controlled substance violators who might be eligible for a waiver of inadmissibility.
• Prostitution or commercialized vice.
• Claimed immunity for a serious offense (for example, diplomatic immunity), and left the United States without thereafter being prosecuted in a U.S. court for that offense.

If you’re inadmissible because you committed one of the above crimes for which a waiver is available, you will also need to fall into only one of the following categories to qualify for the waiver:

• If the crime you’re seeking a waiver for relates to prostitution, you’ll also need to show that you have been rehabilitated and that your admission isn’t contrary to the welfare, safety, or security of the United States.
• If 15 years have passed since you committed the crime, you’ll need to show that you have been rehabilitated and that your admission isn’t contrary to the welfare, safety, or security of the United States.
• If you’re a Violence Against Women Act (VAWA) self-petitioner, you’ll need to show that you have filed for a family-based green card on your own, without help from a noncooperative U.S. spouse or parent who has been abusing you.
• If you have a qualifying relative who would experience extreme hardship if you were not admitted to the United States. U.S. immigration officials consider a variety of factors to decide whether your qualifying relative (a spouse, parent, son, or daughter who is a U.S. citizen) would suffer extreme hardship, such as medical, financial, educational, personal, and physical concerns.

How an Experienced Charlotte Immigration Attorney Can Help 

Applying for a waiver of a criminal ground of inadmissibility is the perfect example of a procedure where you need an experienced immigration attorney. It requires a lot of documentation for you to submit on or before deadlines prescribed by the United States Immigration and Citizenship Service (USCIS). You will need to submit Form I-601 to U.S. Citizenship and Immigration Services. It’s to your advantage for your attorney to review it to make sure it’s accurate and complete. 

Beyond that, you will need to collect lots of documentation to help prove your specific case. For example, if you’re required to show extreme hardship to a qualifying relative, you need to include documents that detail that hardship. This could be in the form of affidavits, financial documents, medical records, expert opinions, evidence of employment ties, evidence of involvement in community activities, evidence of family ties, country condition reports, or other documentation. Collecting and reviewing these documents before you submit them with your Form I-601 is a job truly made for a lawyer.

Contact The Fogle Law Firm, LLC

Need help applying for a waiver of inadmissibility? Contact the Charlotte Immigration Attorneys – The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.

Can a Charlotte immigration attorney actually increase the prospects that your asylum case can succeed? The answer is an undisputed yes.

First, statistical analysis unequivocally demonstrates that lawyers matter. A study by TRAC Immigration on asylum decisions in immigration court showed that asylum applicants with legal representation win approximately 51.5% of their cases, whereas those without representation win in only about 11% of cases.

Yet, many asylum seekers face resource constraints. Lawyers can be costly, and getting pro bono representation can be challenging. So, what makes an attorney worth it?

How a Charlotte Immigration Attorney Can Help with Your Case

When filing your papers with the United States Citizenship and Immigration Services (USCIS) for an affirmative asylum application, it’s difficult to overstate the role of an attorney. Your chances of success increase significantly when you engage a competent and experienced asylum lawyer.

A competent asylum lawyer here in Charlotte can:

• Ensure your eligibility for asylum under the law.
• Identify and address potential challenges.
• Review and refine your declaration in support of your asylum application
• Deliver all necessary documentation to the asylum office.
• Organize your application and supporting documents in a clear and accessible format.
• Conduct in-depth research and compile comprehensive country reports to bolster your asylum claim.
• Thoroughly prepare yourself, your family members, witnesses, and interpreters for a successful interview process.
• Assist you in your asylum interview to safeguard your rights as an asylum applicant
• Deliver a closing statement to your asylum officer that summarizes your case.
• Submit a comprehensive written post-interview memo of law that outlines your case.
• Provide detailed guidance after your asylum is approved and until you attain U.S. citizenship.

Without an attorney, it can be difficult to determine the significance of documents for your case, which can potentially jeopardize your application. If you’re not well-versed in immigration standards, you may encounter delays and unfavorable outcomes when you submit evidence.

How an Attorney Can Help During Your Asylum Interview

Attorney involvement in the asylum interview process is crucial. Lack of preparation can lead to application denials or transfers to immigration court. A skilled attorney attends your asylum interview after preparing you thoroughly for it. They educate you about your rights and responsibilities, available resources, and potential consequences throughout the process. Experienced lawyers show you how to provide comprehensive and detailed answers to all your interview questions to help avoid denial of your asylum.

Effective preparation for your interview at the asylum office can prevent your case from being referred to immigration court, where the proceedings are more complex and protracted. Immigration court proceedings pose a greater risk of deportation if your asylum application is denied, and the process can span years. In contrast, asylum offices typically schedule interviews within months and reach decisions within weeks after the interview.

The Case for Having an Immigration Attorney

Cases before the asylum office are generally considered non-adversarial with less stringent procedural requirements than those in immigration court. Many applicants seek to prepare their cases and attend interviews without legal help, sometimes relying on paid “translators.” Some have successfully obtained asylum. However, some red flags suggest the need for legal counsel.

Asylum applications may be denied if they’re not filed within one year of arrival in the U.S., with some exceptions. It is very important to have a Charlotte immigration attorney if you submit your asylum application while in removal proceedings before immigration court (referred to as a defensive asylum application). A proficient attorney will assess your situation thoroughly and develop a strategy to address the one-year bar effectively.

Any convictions or suspicions against you of persecuting others in your home country can lead to denial. If you have been convicted of crimes or categorized as a potential persecutor, you should engage a lawyer. This also applies to individuals who provided “material support” to terrorists, including doctors treating combatants.

Other circumstances for which you may need legal assistance include return travel to the home country, especially after persecution, and residing in a third country before arriving in the United States. To be granted asylum, you must demonstrate persecution based on race, religion, nationality, political opinion, or a particular social group. If your case does not fit neatly into these categories, legal counsel can construct a persuasive argument for eligibility.

Even in cases with no apparent issues, legal advice can be invaluable. Some issues with your case that need to be identified and resolved early may only surface upon legal review. You can potentially post a successful asylum case if you either can’t afford an attorney or opt to represent yourself. But most cases can get complex, in which case you can benefit significantly from competent legal guidance. Statistically, asylum applicants who have immigration attorneys are two to four times more likely to succeed in court compared to unrepresented applicants from the same country. 

Why is that the case? One theory posits that applicants from certain countries may have claims that align more closely with the legal criteria for asylum. Regardless, it’s evident that immigration lawyers substantially enhance the chances of success in court, provided they are competent and committed to assisting with the case.

Legal representation for asylum seekers is truly important, particularly in court cases. While it’s possible to succeed without an attorney, engaging one significantly increases the likelihood of a favorable outcome.

Contact The Fogle Law Firm, LLC

Need help preparing your asylum case? Contact the Charlotte Immigration Attorneys at The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.

Your journey towards securing family-based immigration in the United States can present a maze of bureaucratic rules and regulations. For many potential immigrants, a big roadblock along this path can be “inadmissibility”. If you don’t know in advance what inadmissibility means until you encounter it in your immigration process, it can create a lot of anxiety for you and your family. But the sooner you understand inadmissibility, the sooner you’ll be able to figure out how to tackle the issues surrounding it effectively.

What Does Inadmissibility Mean?

In immigration law, inadmissibility refers to conditions or behaviors that the U.S. government deems undesirable, and that make a foreign national ineligible to be admitted into the United States. The Immigration and Nationality Act (INA) outlines various reasons why a person may be found inadmissible, some of which follow.

What Are Grounds for Inadmissibility into the United States?

Common grounds for inadmissibility include having a past criminal record, posing public health concerns due to communicable diseases, triggering security or terrorism apprehensions, falling under the category of “public charge” (which means a person is likely to become substantially dependent on the government), having prior removals or instances of illegal presence, and being guilty of fraud or intentional misrepresentation in immigration matters. Here are details on those grounds:

• Criminal Record: This includes crimes involving moral turpitude, violation of controlled substance laws, multiple criminal convictions, engaging in prostitution or commercialized vice, and serious criminal activity but asserting immunity from prosecution.
• Public Health Concerns: This includes specific communicable diseases identified by the U.S. government as public health threats.
• Security or Terrorism Concerns: This includes involvement with terrorist organizations, participation in genocide or Nazi persecutions, and the violation of religious freedom while serving as a foreign government official.
• Public Charge: If a consular officer or the U.S. Citizenship and Immigration Services (USCIS) determines that an individual is likely to become a public charge—meaning dependent on the government for subsistence—that person could be found inadmissible. The USCIS considers factors like health, age, financial status, education, and skills when making this determination.
• Prior Removals or Illegal Presence: If someone has been previously removed from the U.S. or stayed in the U.S. unlawfully for a certain period, they could be considered inadmissible.
• Fraud or Misrepresentation: If an individual tries to secure immigration benefits by fraudulent means or misrepresenting facts, they may be deemed inadmissible.

What Should You Do If You’re Found Inadmissible?

If you face an inadmissibility finding, it can seem like a daunting challenge. But you can address this issue strategically. Here are some tips and strategies you can use:

1. Understand why you’ve been found inadmissible: It may seem obvious, but it’s critical that you fully understand the specific grounds of your inadmissibility, because different issues need different remedies. Having an experienced immigration lawyer can help you understand all the dimensions of the decision on your inadmissibility.
2. File for a Waiver of Inadmissibility: For some grounds of inadmissibility, you might be eligible to file for a waiver. When you do this, you’re essentially asking the U.S. government to disregard your inadmissibility issue. Keep in mind that each category of inadmissibility has distinct requirements for waiver eligibility, and some don’t permit a waiver at all.
3. Provide complete and honest information: You need to be completely honest in your interactions with U.S. immigration authorities. Providing false information in your filing or when you are asked questions can result in you being declared permanently inadmissible.
4. Prove extreme hardship: Many waivers require that you demonstrate that denying your admission would result in extreme hardship to a U.S. citizen or Lawful Permanent Resident (LPR) relative. This could be emotional, financial, or related to health, and you’ll need to provide robust supporting documents for your claim.
5. Seek a non-Immigrant Visa: If you’re found temporarily inadmissible, you may be able to apply for a non-immigrant visa, such as a visitor or student visa. These visas have different rules regarding inadmissibility, so it’s best for you to have legal help to fully understand those rules.
6. Explore rehabilitation: If your inadmissibility stems from a criminal activity, you may be considered rehabilitated, particularly for offenses committed several years ago, thereby making you eligible for relief. You should fully explore this with the help an experienced immigration attorney.

How a Charlotte Immigration Attorney Can Help

When you’re dealing with the issue of inadmissibility in Charlotte or the Carolinas, your likely best advice is to get the services of an experienced immigration attorney or firm that has successfully handled thousands of family-based cases such as the Charlotte Immigration Attorneys of The Fogle Law Firm, LLC. It can really help simplify how you navigate through the maze of immigration law. Your attorney can use their full understanding of the U.S. immigration system to develop a solid strategy that can help you address your inadmissibility issues directly.

Your attorney can help identify the exact grounds of your inadmissibility and evaluate your eligibility for waivers. They can also help you collect and present relevant documentation, and represent you during legal proceedings. They have likely dealt with a wide range of inadmissibility cases, so they  can provide you with unique insights, tailored strategies, and specific solutions that fit your situation.

A competent immigration attorney can do more than just help you overcome your inadmissibility issues. They can give you the confidence and peace of mind to pursue your future in the US with more focus and less stress. While inadmissibility issues in your family-based immigration process can pose a challenge, you can overcome them with the right assistance.

Contact The Fogle Law Firm, LLC

Need help applying for adjustment of status or a waiver of inadmissibilty? Contact Charlotte Immigration Attorneys – The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.

The Fogle Law Firm recently won a critical case at the 4th Circuit of the U.S. Court of Appeals. The case, Lazo-Gavidia v. Garland, 73 F.4th 244 (4th Cir. 2023), raised important questions about proper notice in removal proceedings, and shows how the experienced Charlotte Immigration Attorneys from The Fogle Law Firm LLC get results. 

Details of the Case

The appeal petitioners, Azucena Aracely Lazo-Gavidia and her minor son entered the US from her home country of El Salvador, where they were under threats from gang members. Eighteen days later, Lazo-Gavida was subsequently served a notice to appear (NTA) before an immigration judge in Texas. However, that NTA was defective because it did not contain the date and time of the hearing, merely listing “TBD” for both. Lazo-Gavida and her son were subsequently ordered removed in absentia after not attending the hearing. The immigration judge denied their motion to reopen the removal proceedings and the Board of Immigration Appeals (BIA) dismissed their appeal. Federal immigration law mandates that the government provide a noncitizen with a written notice to appear that contains certain critical details about her removal hearing, including the “time and place” of the proceedings. Upon appeal, the 4th Circuit granted their petition, vacated the BIA’s order dismissing their appeal, and remanded the case for further proceedings.

Why This Kind of Win is Important

Winning an immigration case like this in a high court is hugely important because of how it can impact people, families, and even entire communities. Here are several reasons why such a win is crucial:

• Legal precedent: When a high court decision sets a legal precedent, the lower courts must follow. Our victory can establish new interpretations or clarify existing laws, leading to improved outcomes for future immigration cases. This doesn’t just benefit our client and her son—it also contributes to the development of immigration law.
• Rights and fairness: Cases like ours often involve the fundamental right of protection from persecution, family unity, or the right to seek asylum. A victory like ours upholds these rights, ensuring fairness and justice and reinforcing the importance of protecting individuals’ rights regardless of their immigration status.
• Policy impact: High court decisions in immigration cases can potentially influence government policies and practices. Our victory may enable changes either in the law or in administrative guidelines, which can help improve the overall immigration system. It can help make immigration policies more compassionate and fair, and further uphold the principles of due process.
• Long-term stability: Our kind of win can provide some security for people who may be in our client’s position of receiving a defective NTA. It can potentially help grant them the stability that comes from protection from immediate removal, and the capability to plan for a more sustainable future.
• Symbolic significance: Winning this kind of immigration case in a high court can serve as a symbol of hope, resilience, and triumph for the broader immigrant community. It showcases the effectiveness of the legal system and encourage others to seek justice and exercise their rights through lawful means.

The Practical Effect of a Court of Appeals Decision

The practical effect of a US Court of Appeals decision, especially in immigration law, has a big impact on how immigration cases are handled. When the Court of Appeals makes a decision, it becomes like a rule that all lower courts in that area must follow. This means that if a similar immigration case comes up in that region, the lower court judges have to apply the same decision. This helps to make sure the law is applied consistently and fairly.

For example, if an immigrant seeks asylum because they fear persecution in their home country, a US Court of Appeals decision that specifies how to handle specific cases mandates that all immigration judges in that circuit must use the same approach. This can protect the rights of asylum seekers and ensure they’re treated fairly.

Also, a Court of Appeals’ decision can influence immigration policies and practices. If the Court finds a certain immigration rule unfair or unconstitutional, it may lead to changes in how the government handles immigration matters. This can make a big difference in the lives of immigrants and their families, as well as shape the overall immigration system.

What It Takes To Win

The success rate of all immigration attorneys winning in the Court of Appeals is not very high.  However, Glenn Fogle, Principal Member of The Fogle Law Firm, LLC and his team of highly skilled immigration attorneys, have successfully litigated numerous cases in the US Courts of Appeal for the 4th, 9th and 11th Circuits. Every case is different and the likelihood of success depends on a number of factors including the complexity of the case, the pertinent legal issues and the specific circumstances involved. However, skilled and experienced immigration attorneys such as those of the Fogle Law Firm, who have decades of experience and many successful appeals, have a far better chance of getting positive outcomes for their clients because they focus on several important aspects:

• Expertise and experience. Immigration law is complex, and successful law firms have attorneys with specialized knowledge and experience in handling immigration appeals. Their understanding of the legal system and past experience with similar cases help them craft strong arguments and strategies.
• Full attention to the appellate process. Successful law firms are well-versed in the appellate process and adhere to strict timelines and procedural requirements. Missing crucial deadlines or failing to follow the proper procedures can harm the chances of success.
• Thorough case analysis. Winning an appeal requires an attorney to thoroughly examine the original case and identify potential legal errors or weaknesses. They must meticulously review the evidence, the judge’s ruling, and relevant laws in order to build compelling arguments for the appeal.
• Persuasive legal writing. Effective legal writing is crucial in appeals. Experienced immigration law firms present their client’s case in persuasive written briefs that provide strong legal arguments and supporting evidence to convince the appellate court to reconsider the original decision.
• Strong oral advocacy: During the appeal hearing, skilled attorneys need to present convincing arguments and respond to any questions from the appellate judges. It can make all the difference for their clients.

Contact The Fogle Law Firm, LLC

Need help with your immigration case from a law firm that gets results? Contact Charlotte Immigration Attorneys – The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.

Choosing a good litigator, or attorney, for your immigration case is important for several reasons:

1. Legal Expertise: Immigration law is complex and constantly evolving. A skilled litigator specializing in immigration law will have in-depth knowledge of the relevant laws, regulations, and legal precedents. They can provide accurate advice, assess the strengths and weaknesses of your case, and develop a strategic legal approach to maximize your chances of success.
2. Experience and Track Record: An experienced litigator will have handled numerous immigration cases, including cases similar to yours. Their experience allows them to anticipate potential challenges, navigate procedural complexities, and provide effective representation. A litigator with a strong track record of successful outcomes demonstrates their ability to effectively advocate for their clients.
3. Case Preparation and Documentation: A good litigator will meticulously prepare your case, ensuring that all required documentation is gathered, organized, and presented appropriately. They will help you compile supporting evidence, complete forms accurately, and meet all filing deadlines. Proper case preparation is crucial to presenting a compelling argument to immigration authorities or in court.
4. Effective Communication: Immigration cases often involve complex legal concepts and terminology. A skilled litigator will explain these concepts to you in a clear and understandable manner, keeping you informed about the progress of your case. They will also communicate with immigration authorities, opposing counsel, and other relevant parties on your behalf, ensuring that your interests are effectively represented.
5. Advocacy and Representation: A good litigator will serve as your advocate, representing your interests throughout the immigration process. They will present your case persuasively, both in writing and orally, whether it’s in front of immigration officers, administrative tribunals, or in court. Their goal is to present the strongest possible case in your favor and protect your rights.
6. Mitigating Risks and Appeals: In the event of a negative decision or unfavorable outcome, a skilled litigator can help you understand your options and guide you through the appeals process. They can assess the viability of an appeal, navigate the complexities of the appeals system, and present compelling arguments to seek a reversal or reconsideration of the decision.

Overall, choosing a good litigator for your immigration case can significantly impact the outcome and your overall experience during the immigration process. It is important to conduct thorough research, seek referrals, and choose a qualified and experienced attorney who specializes in immigration law to increase your chances of success. We are confident that after studying your options and comparing us with other firms, you will choose The Fogle Law Firm.

The United States offers many ways for you as a skilled professional to obtain permanent residency. One way is the National Interest Waiver (NIW), a provision that lets you bypass the labor certification process if you can demonstrate your contributions are in the national interest. Here’s some of what you need to know to apply successfully for an NIW.

Understanding the National Interest Waiver (NIW)

The National Interest Waiver is a provision under the Employment-Based Second Preference (EB-2) category of the U.S. immigration system. It can enable you to obtain a waiver of the job-offer requirement and the labor certification process if you can demonstrate your work will greatly benefit the United States.

What Are the Criteria for an NIW?

To qualify for an NIW, you must meet the following criteria:

• Either possess a graduate degree (i.e. Masters or the equivalent beyond a Bachelor’s degree); or demonstrated exceptional ability: You must possess exceptional ability in the sciences, arts, or business that’s proven by professional achievements, recognition, and extensive documentation.
• Proposed endeavor has substantial merit and national importance: The endeavor you’re proposing to pursue must hold intrinsic value and be of significant importance to the United States. It should have the potential to positively impact on economic, educational, cultural, health, or other areas of national significance.
• Benefit to the United States outweighs the national interest: You must prove that your contributions will provide more benefit to the US than the benefit derived from the labor certification process.

What is the NIW Application Process?

There are four main steps to the NIW application process, with other lesser tasks that happen along the way: 

1. Prepare the petition: You begin by gathering evidence of your exceptional abilities, such as academic degrees, professional licenses, patents, awards, publications, and letters of recommendation. You should also clearly demonstrate the merit and national importance of your proposed endeavor in a well-drafted petition letter.
2. Complete Form I-140: You need to file Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). Provide all required documentation, including the completed Form I-140, supporting evidence, and the appropriate filing fee.
3. Prepare an NIW Petition Packet: Compile a comprehensive NIW petition packet, including supporting documents, letters of recommendation, and any relevant publications or other proof of professional achievements.
4. Prepare for an interview: In some cases, the USCIS may request an interview to further evaluate your eligibility. Prepare thoroughly by reviewing the submitted documents, practicing potential interview questions, and seeking guidance from an experienced immigration attorney.

How Can an Experienced Attorney Help Me With My NIW?

The US immigration system is complex—full of paperwork, hearings, appointments and processes. When you have a knowledgeable attorney on your side, you boost your chances of a successful NIW application. Here’s how:

• Expertise in immigration law: Your immigration lawyer has in-depth knowledge of legal requirements and procedures. They can help you navigate the process and create a compelling case for your application.
• Document preparation and organization: Your attorney can help you pull together and organize the documentation you need so that it’s properly presented to support the NIW petition.
• Legal strategy and case evaluation: Your attorney can show you the strengths and weaknesses of your case, and help you understand your chances of success. Then they can help you develop a solid strategy about how to present your case in the most favorable way.
• Proactive case management: Your attorney stays up-to-date with changes in immigration laws and policies. That way, you stay aware of any updates that could impact your case. Your lawyer can also proactively manage your case, following up with the USCIS and addressing any requests for additional information or interviews.

Your NIW application will involve a lot of attention to detail. Meeting the criteria and gathering strong evidence to support your case are both crucial steps toward a successful application.

When you hire an experienced attorney who specializes in NIW cases you instantly boost your chances of a successful application.

Contact a Charlotte Immigration Attorney

Do you have questions about becoming a permanent resident or U.S. Citizen with the help of an expert immigration attorney in Charlotte or North and South Carolina? Then contact The Fogle Law Firm LLC through our website or by calling 704-405-9060. We look forward to helping you at this time.