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Guest commentary: An Attempt to Dispel Myths About Immigration Law

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Elliot Alford

Elliot Alford / Alford Law PLLC

By Elliot Alford / Alford Law PLLC

There are many commonly-held misconceptions concerning the US immigration world. Below I will list some of these and attempt to explain-away their influence.

  1. It is possible for a lawyer or document-preparer to have a “connection” or know something “secret” that will help their clients. EXPLANATION: There are processes and strategies that a lawyer or someone else could know, but mostly what occurs is that this misconception is a manipulation of what the public doesn’t know; that applications and court cases are essentially assigned randomly, and land on the desk of a disinterested government attorney or employee. A well-informed lawyer may know of the best strategy for a case, but even this lawyer cannot ensure anything about who reviews the case or what the outcome will be.
  2. All undocumented immigrants are treated the same under the law. EXPLANATION: What I mean to highlight here are the differences in opportunities for an immigrant that has overstayed his or her tourist or student visa, an immigrant who has entered illegally, entered illegally more than once, or entered illegally during a “bar” period (such as after a previous deportation). The differences between these types of undocumented immigrants, under the law, are quite significant. For example, a “visa overstay” can adjust their status upon marriage to a US citizen, for example, without leaving the US. Someone with one illegal entry can apply for a waiver, and receive approval on their adjustment of status through marriage while in the US, before being processed outside of the US for entry. An undocumented immigrant with multiple illegal entries faces either a 3 year or 10 year bar to re-entry if they seek adjustment. Lastly, someone entering after a deportation, for example, may be prosecuted for a federal felony and faces a plea agreement of 6 months incarceration under typical circumstances.
  3. Marrying a US Citizen will solve any immigration problem. EXPLANATION: See #2.
  4. Undocumented Immigrants have very little restrictions on their day-to-day lives. EXPLANATION: This is debatable. Undocumented immigrants in many states cannot receive drivers’ licenses, unless they qualify for some kind of immigration relief; they cannot possess guns or vote; and, while some qualify for work permits, most do not.
  5. Undocumented immigrants do not pay taxes. EXPLANATION: Some do and some do not. It is always a good idea for an immigrant to apply to the IRS for a Federal Tax ID number (EIN) if they do not have a social security number. It is wrong to assume that an undocumented immigrant is not paying taxes.

I hope that this brief article helps to dispel some common misconceptions about US immigration.

— Elliot Alford is an attorney and business consultant based in Flagstaff at 13 N. San Francisco St., Suite No. 208. He practices in immigration, divorce/custody, criminal defense, civil and other areas of the law. He can be reached at 928-607-1701 or ElliotAlford@gmail.com.