WHEN some people apply for immigration benefits, they look at their entitlement or eligibility from their OWN viewpoint. Many are overly optimistic that their case has no problems or issues. Therefore, since THEY see no problem with their case, the officer, consul, or adjudicator would similarly see no problem and should readily approve it.
Even when a person has highly questionable or suspicious issues, they put on “rose-colored glasses,” and convince themselves that their viewpoint and opinion should be what matters.
But that’s not how it works in the real world. Regardless of how YOU may view your case, it is the OFFICER’S viewpoint or opinion that matters. If the officer thinks your case is suspicious or there are issues, then your case is suspicious and has issues, regardless of what you may think. That is why it is important to take an objective view of your case from the standpoint of the officer.
I’ve come across situations where a person was married to a U.S. citizen, but never lived with them. Instead, the U.S. citizen spouse may be living on the East Coast, but the person is living on the West Coast with his or her family or friends. They also don’t have joint bank accounts or many joint documents. The person may think nothing is wrong with the case and it should be approved. However, if a married couple is not living together, or there are very few joint documents, the Officer may become suspicious it is a fixed marriage, regardless of the reasons, justification, or excuses the person may offer for not living together (such as they could only get a job on the West Coast, even though they may already have a work authorization and can work anywhere, or they need to “help out” relatives on the West Coast with their business, etc.). In such a situation, the case could be delayed and put under investigation for a fixed marriage and possible denial.
In another situation, the person was being sponsored by an employer, but never worked for that employer, even though they had work authorization. They also didn’t work for the employer after their green card was approved. In their mind, they should have no problem when they apply for U.S. citizenship. But from an officer’s viewpoint, they definitely have problems if they received a green card through an employer but never work for that employer.
My point is you have to look at your case from an officer’s viewpoint, and be aware of potential issues or problems, rather than convincing yourself that there are no problems. An attorney is well-versed in immigration law regarding the requirements, eligibility, and potential issues which a person may not see about their own case. That is why, in this era of Trump, when the USCIS is getting very strict and thorough, it is all the more important you have an attorney to assist you with your immigration matter.
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Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories”, endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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