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2 Questions to Ask Before Filing ANY Immigration Case

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Jim Hacking: What are the two questions you have to ask yourself before you file any immigration petition? Hi, I'm Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St Louis, Missouri. I just got out of a consult with a nice gentleman who works in the field of opioid addiction and he was thinking of applying for an EB2 National Interest Waiver green card. And he wasn't actually asking for much advice or even looking for hiring us, but rather he wanted to know some logistical details about the filing and withdrawal of a prior case. But anyway, in our conversations he started asking me about the EB2 and the National Interest Waiver process in and of itself. And so we had a very nice discussion, but I got the sense that he was being rather naive on whether his case was going to be approved or analyzed properly.

And so I asked him two questions, and I paused after each question, and I paused before I asked him these questions. So I'll ask them to you. Here they are. Are you ready?

Do you think USCIS wants to approve your case? Do you think USCIS is going to treat you fairly?

Here's the deal, folks. USCIS is not going to treat your case fairly. USCIS does not want to approve your case. USCIS wants to deny your case. If you haven't noticed, we have somebody living in the White House who makes it his weekly rhetoric to rail against immigrants and he's done everything he can to make immigrants feel ostracized and to show hostility towards them at every turn. So you really have to ask yourself, does the government want to approve this case?

And I think that the way things stand now is they're looking for ways to deny cases. They're looking for ways to turn your case down. They're going to look for whatever weakness they can in your case and try and deny the case if at all possible because that makes their master happy, that makes their boss happy, and they can get extra points for denying as many cases as possible. So don't fool yourself. This is not for the weak of stomach. This is not for the weak of heart. You've got to be strong, and you got to file the best case that you can, and you're probably going to need some expertise, some help in doing so. And obviously many cases do get approved and there's some can probably get approved without a lawyer. But something as complicated as a National Interest Waiver, employment-based green card application, where you're asking to go past the perm application and all the headaches of an employer's usual green card case. If you think that that's just going to be something that they roll over and just give it to you willy-nilly.

He was a very nice fellow, but to me, he was sort of naive in thinking that, "Oh, well, if I submit some evidence and I have a good case, well, I think they're going to want to approve it." They don't want to approve it. They want to deny it. And that's why I'm making this video that you've got to have that mindset. You got to have the right approach, and you have to understand that you're starting behind the starting line. In other words, they're starting to look at your case with a way of denying it. That's the whole thing, and I know I've said that in prior videos, but I wanted to make this video because this poor fellow wasn't getting it, and I want to make sure that you get it, and that you don't waste your time filing an application that's most likely going to be denied.

We hope you found this video helpful, if you did give us a call at (314) 961-8200. You can email us at [email protected]. Be sure to like us on Facebook and to subscribe to our YouTube channel, which is always available. We have about 400 videos right now, more than that on there. So subscribe. Share it out on social. And getting back to Facebook, don't forget our group called Immigrant Home where we share these videos out first and we give all the immigration information that we can. So thanks a lot and have a great day.

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