Oftentimes immigrants seek to apply for immigration relief as a result of a change in their personal circumstances, such as marriage to a U.S. citizen, or because of changes in law or policies that may provide them a new form of immigration relief. However, in many circumstances, it is highly advisable that an immigrant have a formal investigation of her case conducted before applying for any form of immigration relief.
As a general matter, an investigation should be conducted when an immigrant has had any previous contact with immigration authorities. This includes having previously applied for immigration relief, previously being detained by immigration authorities and previously having to appear in Immigration Court. Additionally, an investigation should be conducted if the immigrant has had prior criminal arrests or convictions. Indeed, the investigation will determine if a person’s immigration and/or criminal history makes her ineligible for the relief for which she wishes to apply.
A formal investigation entails requesting a person’s immigration file from the U.S. government. Further, if the immigrant has any criminal history, additional documents must be obtained such as arrest reports and state court charging documents. Once all relevant documents have been gathered, a detailed analysis must be conducted based on the specific facts of the immigrant’s case and on applicable immigration law.
The attorneys of the Franco Law Group are experienced in conducting immigration and criminal history investigations and can help determine if an investigation is warranted in your case.