In law school, future attorneys are taught how to make the best argument on behalf of clients, and that every issue can be viewed in different ways. Indeed, our standard judicial system is designed with that concept in mind. Opposing parties get to bring their case into a courtroom, present laws and arguments to the presiding judge, and await a decision. In the end, we expect that justice will be achieved when adversaries are afforded the opportunity to present their case in the most favorable light.

In the arena of immigration law, however, the opportunity to present a client’s case is limited in various ways. Adjudicators, consular officers, and immigration judges make decisions within a complex framework that affords few rights to the foreign individuals before them. In many instances, particularly at consulates, counsel cannot be present during the process to help clients present their case. In further contrast to the standard judicial system, very limited appeals procedures exist in immigration law. To make matters worse, at first blush the immigration system can seem simple- file a few forms, take a couple of passport photos, and voila! In fact, immigration law is highly technical and complex, and one small misstep along the way can lead to big problems. At best, a denial will result in losing the high filing fee paid to the government. In more grave situations, an improper filing can lead to deportation. Wrong answers or little white lies can cause admissibility problems in the future. The potential for pitfalls is boundless.

Read the rest of this entry »