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After more than thirty years in immigration practice one pattern emerges repeatedly. Many of the most serious setbacks immigrants face come not from the law itself but from misunderstandings about how the system actually works. These misconceptions influence decisions delay action and lead people into avoidable legal pitfalls. Drawing from the user supplied transcript this article breaks down five of the most common myths and explains why accurate guidance is essential for anyone seeking stability in the United States.
1. The myth of a single immigration line
The idea that immigrants should simply get in line remains one of the most persistent misunderstandings. There is no universal line and many individuals do not qualify for any visa category at all. For those who do qualify backlogs can extend twenty to thirty years. This misconception discourages people from exploring other legal strategies and creates an inaccurate picture of how the system functions. Source user supplied transcript.
2. Why marriage is not a cure all
Marriage to a U S citizen offers a path to a green card for many but it does not erase prior immigration violations. Unlawful entry fraud removal orders and reentry after removal are not forgiven by marriage alone. Every year cases are denied because couples believe the marriage itself will resolve these issues. Careful legal review is necessary before any application is filed to avoid putting the case at risk. Source user supplied transcript.
3. The hidden risks of leaving to return legally
Many undocumented individuals assume they should leave the United States and reenter legally. In reality leaving often triggers a three year or ten year bar and a prior overstay makes future visa approval extremely unlikely. What begins as an attempt to follow the rules can result in a person being unable to return to their family. Thorough legal evaluation is crucial before considering any departure. Source user supplied transcript.
4. Undocumented status is not criminal
Another damaging misconception is the belief that undocumented immigrants are criminals. Most immigration violations including overstaying a visa are civil not criminal matters. The repeated use of the term illegal immigration has blurred the distinction and shaped public perception in harmful ways. Understanding the civil nature of these violations is essential for fair and accurate discussion of immigration issues. Source user supplied transcript.
5. The truth about taxes and undocumented immigrants
Contrary to common belief undocumented immigrants do pay taxes. Everyone pays sales tax. Many workers pay payroll taxes. Property taxes are paid by homeowners or indirectly by renters. Many individuals file income taxes using ITINs or lawfully obtained Social Security numbers. These contributions play a meaningful role in local and national economies. Source user supplied transcript.
How Spar and Bernstein helps clients move forward
Misconceptions about the immigration system can lead people to make decisions that jeopardize their future in the United States. At Spar and Bernstein our approach focuses on correcting these misunderstandings through detailed case evaluations clear explanations of available options and strategic planning tailored to each individual’s circumstances. Whether evaluating admissibility issues analyzing waiver eligibility or assessing the risks of consular processing we provide informed guidance designed to strengthen and protect each client’s path to lawful status.
