U.S. WAR ON LEGAL IMMIGRATION

On Monday, May 5, 2014 10:54 PM, William Pavlov, Esq. “williampavlovlaw.com” wrote:

U.S. IMMIGRATION WAR ON LEGAL IMMIGRATION

A foreign company purchases a small, failing business for a half million dollars, is ready to invest another half million in rebuilding the plant and begins recruiting local US citizens for the new plant with doubled capacity and employment.  The company petitions Immigration (DHS/USCIS) for L visa to transfer one of its top managers from abroad to manage the new investment.  The manager has an MBA, degree in accounting and 12 years of experience with the home company abroad.  (The law requires one-year and a university degree).  The DHS/USCIS takes a year to answer and then using false pretences denies the company’s petition.  The company cuts its loses and opens a subsidiary in Canada . 

A US citizen meets his future wife in Russia .  They engage and follow the fiancée procedure to the letter for the next year-and-a-half.  She is approved y the U.S. Consulate in Moscow and travels to US where upon inspection at the airport she is admitted.  The couple marries within the 90 day period as required by law and then files for wife’s permanent residence.  (Unlike a tourist marring a US Citizen and applying for a green card, the fiancée visa is the Gold Standard, where upon everything is checked and verified before the approval of the fiancé visa.)  After the interview, the couple is awaiting for the DHS/USCIS decision approving wife’s application for permanent residence.  So far over six months have passed but no decision.  The couple visited the USCIS office on their jurisdiction on Info-pass to inquire about the wife’s application.  An immigration officer told the couple “No problem, we do not need any more document or evidence.  You will hear form us in less than a month.”  Two months later, still no answer.  And there are many more legitimate cases like these two, either denied on false grounds or a sleight of hand, languishing in the files of the omnipotent DHS/USCIS.

Why is this happening?  For what reason?  One way to look at it, is that the Immigration is wasting resources on fighting legal immigration.  Yes, the facts support the conclusion that unfortunately The U.S. Immigration is waging A WAR ON LEGAL IMMIGRATION, a NO TAKE PRISONERS WAR.  Why?   Perhaps the answer can be found in the Agency’s history of abuse of its own rules and procedure, in the culture of denial, pervading the Agency’s methods and procedures.  It has been suggested that many times promotions and pay raises within the agency are based on the numbers of denied applications/petitions rather than on merits or performance.  Who knows what is really going on in the bowels of this mammoth agency, whose inner workings remain shrouded in secrecy, reminiscent of that of the Soviet KGB.  

Knowledge of the law is not enough.  Experience that comes with years of dealing with the DHS and Immigration is everything.  If you have an immigration problem or are about to begin any processing, do not go unarmed.  Do not rely on information found on the internet.  It is too general.  Consult an experienced attorney, who will explain to you the law and advise you about the procedure and applicable regulations, controlling your facts.  Most importantly, you will benefit from the lawyer’s experience.