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 deal with the government so you don’t have to. We look forward to helping you at this time.

Asylum cases aim to provide protection and a new start to individuals fleeing persecution and danger in their home countries. But not all asylum claims are successful, and many factors affect why your asylum case may be denied in Charlotte, NC. Here are a few of the reasons:

Inconsistent or Insufficient Evidence

Lack of consistent or sufficient evidence is a primary reason for asylum case denials in Charlotte, NC, is to support the claim. As an asylum seeker, you’re required to provide compelling evidence of your persecution or fear of persecution, including documentation, affidavits, and witness testimonies. If you fail to provide strong evidence that proves a well-founded fear of future persecution or shows past persecution, your asylum claim could be denied.

Credibility Issues

Credibility is crucial to your asylum case. If your statements are inconsistent or contradicting, it can raise doubts about the veracity of their claims. Asylum officers and immigration judges carefully assess your credibility by considering factors such your coherence, consistency, and demeanor. Any perceived lack of credibility can lead to your claim being denied.

Failure to Meet the Legal Definition of a Refugee

To be granted asylum, you must meet the legal definition of a refugee as outlined in international and domestic laws. You must demonstrate a well-founded fear of persecution based on factors such as race, religion, nationality, political opinion, or membership in a particular social group. If you fail to establish eligibility as a refugee, your asylum case may be denied.

Time Limitations

You must file your asylum application within one year of your arrival, unless you can demonstrate changed circumstances or exceptional circumstances that caused the delay. Any failure to meet your one-year filing deadline can lead to your case being denied automatically. But certain exceptions apply, such as whether you can establish the existence of changed or exceptional circumstances beyond your control.

Perceived Safe Third Country

Under the “safe third country” concept, you as an asylum seeker may be denied asylum in the United States if you have traveled through or resided in a country deemed safe before reaching the U.S. border. If immigration authorities determine that you could have sought protection in a safe third country, your asylum case in Charlotte, NC, may be denied on this basis.

Criminal Record or Security Concerns

Any criminal record you may have could suggest activities that pose a threat to national security, and can be grounds for denying your asylum case. Because the government is responsible for protecting its citizens, any presence of serious criminal offenses or suspected ties to terrorism can raise concerns about your eligibility for asylum in Charlotte, NC.

Inconsistent Country Conditions

The political and social landscape in your home country plays a significant role in the success of your claim. If conditions in your home country change or improve significantly, it may impact the likelihood of your being granted asylum. If you fail to establish that the conditions in their home country have not changed or remain unsafe, your asylum case may be denied.

How an experienced Charlotte immigration attorney can help you avoid denial

Getting guidance from an experienced Charlotte immigration lawyer can help you navigate the intricacies of the asylum system and avoid a denial of your asylum case. Immigration lawyers have in-depth knowledge of asylum laws and procedures. They know what’s required legally to establish a valid asylum claim, and can ensure that your case is properly prepared, organized, and presented in accordance with the applicable legal standards.

By reviewing the evidence, documentation, and supporting materials you’ve gathered, an immigration lawyer can identify potential weaknesses in your case, and help you address them effectively. They can help gather more evidence, get expert opinions, and strengthen your case in other ways.

Documentation is especially crucial to your asylum case. An experienced lawyer can help you gather necessary paperwork like country condition reports, medical records, police reports, and witness affidavits. They will ensure that this documentation supports your asylum claim, and present it in a compelling and persuasive manner.

When you present your case to an immigration judge or asylum officer, your lawyer will be invaluable. They can prepare you for the hearing, help you anticipate potential questions, and guide you on how to present your case effectively. Your attorney can also cross-examine any opposing witnesses, challenging their credibility and strengthening your position.

Because asylum law is complex, navigating the asylum process can be overwhelming, especially for someone unfamiliar with the legal system. Your immigration lawyer will guide you through the entire process, ensuring that all necessary forms and deadlines are met. They should advocate for your rights, communicate with immigration authorities on your behalf, and handle any issues that may arise during your case.

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.