Just because you may have a claim to start a lawsuit does not mean you should.  Litigation can be expensive.  It is absolutely critical to assess the economics in starting a lawsuit before doing so. 

During your initial consultation with an attorney, you have to consider the amount you are planning to sue for, what relief you expect to be granted, and the expense involved in obtaining a judgment. If you are being sued, you must weigh the cost of defending the lawsuit against the price of settling the case.  Here are some factors you should look at:

• Cost of Litigation.    You know that litigation is expensive.  A case can cost anywhere from $3,500.00 for a simple matter t0 hundreds of thousands of dollars for c0mplex litigation.
• What are your resources?   Does your adversary have deep pockets?  Do you have enough money to fund your case to trial?  If you don\‘t have the financial means, litigation is not for you.
• What is your emotional makeup?  I hate to say it, but litigation can take years.  If you want to change the system, contact your local assembly person and ask for more court funding. 

If you have the financial ability and you are able to delay gratification, control your emotions and think rationally, then you should litigate.

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The basis for exclusion and deportation are grouped into several areas.  Here are the ten grounds for exclusion:

1. Criminal basis;
2. Health issues;
3. Public charge;
4. Employment issues;
5. Security and Related Grounds;
6. Grounds based on illegal entry and immigration violations;
7. Improper documents;
8. You were subject to removal previously;
9. A ground based on ineligibility of the alien eventually to become a US citizen;
10. Miscellaneous grounds.

If you have one of the grounds for exclusion, you may be subject to removal.  However, you may be able to receive a waiver and gain a green card.  Feel free to contact my office on more information regarding your specific case.

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If you have found a basis for your green card, such as you are a part of a company that trades with the United States and you plan on arriving to the US to work here for your company, your application could still be denied.  unfortunately, the USCIS is able to deny your application if they decide that you are \“inadmissible.\”

Indamissable means that there is something about  you that the government believes is not desirable. For example, if you committed a crime, you could be denied a visa.  The USCIS maintains a list that sums up the basis of inadmisability and whether there is a waiver available.  A waiver is a legal excuse and it can overcome grounds of inadmissability.

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After filling your paperwork with the United States Citizenship and Immigration Service, you may have to attend an interview at US Consulate or at Immigration office, such as 26 Federal Plaza in Manhattan or the Garden City field office on Stewart Avenue.  Often this is your first contact with  person from the Immigration service. It could be intimidating.  It doesn\‘t need to.  Here\‘s a quick guide of how to prepare for the interview.

Why an interview?

• The USCIS has your application and wants to ask follow up questions.
• If you applied to get your green card through marriage, the immigration officer wants to make sure that the marriage is in good faith or real.
• They will also ask questions on your application and look for inconsistent statements.

How to Prepare for the Questioning

• Read your application and make sure everything is accurate
• Bring with you a copy of the full application along with all supporting documents.  If you submitted you application on the basis of marriage, make sure to bring your wedding alblum.
• Make sure that you know all the answers to your previously submitted questions from your application.
• If you submitted your application based on family ties, be aware of all the financial information of your spouse and your sponsor.

How to dress:

• Simply put, dress like you are going to church or a religious occasion.  Remember, the immigration official will be judging everything about you, including the way you look. Avoid wearing baggy pants, t-shirts and jeans.

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If your company is looking to transfer an employee to the United States on a temporary assignment, an L visa may be the way to go. Here are the important provisions for obtaining an L visa:

1. The worker must have worked abroad for your company for at least one year within the preceding three years;
2. The foreign and the US company must be part of the same \“qualifying organization\’;
3. The worker must have worked in either a management capacity, executive capacity or have specialized knowledge;
4. The worker must come to the United States for a temporary period.

The L category has two parts: L-1 for the employee who wishes to transfer and L-2 for the transferee.  Be aware that the family member accompanying the employee  cannot get employment authorization through an L-2.

Here are the procedures for obtaining an L-1visa:

1. The US employer must file a petition to classify the employee has a temporary worker.  The petition requires evidence that your company is a \“qualifying organization\” and specific information about the worker.
2. Additional evidence is needed if the worker is needed to open a new office.
3. Be aware that there are special rules under NAFTA.

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Of of the main objectives of the Immigration system is to bring family members together. High priority is given to family members of US citizens and permanent residents in immigrating to the United States. In addition, their are special removal relief that is only available to close family members of US citizens.

The highest priority is placed on immigration of immediate relative of United States Citizens.  Their are an unlimited number of visas allotted to immediate relatives.  They include:

• Spouses and minor children of US citizens
• Parents and adult US citizens when the citizen is at least 21 years of age
• Certain Widows and widowers of deceased citizens and their children

Immediate relatives have certain advantages in the immigration process:

• They can avoid the long wait for a visa
• They are not barred for obtaining a visa for working illegally, a failure to maintain a legal non-immigration status or a violation in the terms of a prior visa does not bar such a relative from obtaining permanent residency status.

For More Reading:

• How To Prepare for your Immigration Interview

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