Six Things People Believe About Immigration That Are Not True

I have seen the immigration system from both sides of the table. Before I represented people, I was a DHS asylum officer, deciding cases myself.

This post is general information, not legal advice.

One thing that has not changed across both jobs is how often people make serious decisions based on something a friend, a relative, or a stranger online told them with total confidence.

Most of these myths are not malicious. They get repeated because they sound reasonable. But acting on them can cost people money, time, and sometimes their case. Here are six I see constantly.

Myth 1: The right lawyer can speed up your case.

No attorney has a back channel to USCIS or the immigration courts. Paying more does not move your file up the line, and anyone who promises a faster result because of who they know is a red flag.

There are a few real tools. USCIS considers expedite requests, but only in narrow situations, and approval is at the agency's discretion. Some applications can be processed faster for a government fee through premium processing, which is available whether or not you have a lawyer. When a case has been delayed for an unreasonable amount of time, a federal lawsuit is sometimes an option. A good lawyer will tell you honestly whether any of these fit your situation, and most of the time the honest answer is that the case will take the time it takes.

Myth 2: Everyone who works for the government is lazy or does not care.

This one is personal for me. Like any workplace, government agencies have some people who are less than great at their jobs. But when I was an asylum officer, I worked alongside some of the most hardworking, incredibly qualified, and dedicated people I have ever known. They took the responsibility seriously, and they really wanted to do right by applicants and by the system.

That matters for your case. The officer reading your file is usually not looking for a reason to say no. Most are trying to get the decision right, often with heavy caseloads and limited time. Give them a clear, organized, well-documented case, and you are making it easier for them to do what most of them already want to do.

Myth 3: An RFE means you are about to be denied.

A Request for Evidence feels like bad news. From the other side of the desk, it usually is not. When I was an asylum officer, most of the RFEs I sent went out because I wanted to approve the case and was missing a piece. Denying a case is the easier path. An RFE is the extra work.

That does not mean you can take one lightly. The deadline is real, and a weak or partial response can lead to a denial. But an RFE is a list of questions, not a verdict. We wrote more about how to read one in What I Wish People Understood About RFEs.

Myth 4: A denial means it is over.

Sometimes it is, but often it is not. Depending on the type of case, a denial may be followed by a motion asking the agency to reopen or reconsider, an appeal to a higher authority, or a new filing. In some asylum cases, a case that is not approved by an asylum officer is referred to an immigration judge, who hears the case again from the beginning.

The catch is time. Deadlines to challenge a decision are often short, sometimes 30 days or less, and missing one can close options that would otherwise have been open. If you receive a denial, talk to a lawyer right away rather than waiting to decide how you feel about it.

Myth 5: If you have lived here long enough, or have U.S. citizen children, you will get papers.

There is no amount of time in the United States that automatically leads to legal status. There is a form of relief called cancellation of removal that considers long residence and family ties, but it is only available to people who are already in removal proceedings before an immigration judge. It generally requires at least ten years of continuous presence, good moral character, and proof that a U.S. citizen or permanent resident spouse, parent, or child would suffer exceptional and extremely unusual hardship. That is a very high standard, and a hard case to win.

U.S. citizen children also cannot petition for a parent until they turn 21. Having citizen children matters a great deal in many cases, but it does not create status on its own.

Myth 6: Marrying a U.S. citizen fixes everything.

Marriage to a U.S. citizen can open a path to a green card, but whether that path runs inside or outside the United States often depends on something that happened years earlier: how the person first entered the country. Someone who was inspected and admitted, even if they later overstayed, may be able to apply for a green card without leaving. Someone who entered without inspection usually cannot, and may have to leave the country to complete the process, which can trigger bars to returning unless a waiver is approved.

Those details decide whether a marriage-based case is simple or risky. Nobody should leave the United States for a green card interview before talking to a lawyer about their specific history.

The pattern behind all six.

Every one of these myths takes something that is true in some cases and turns it into a rule for everyone. Immigration law does not work that way. The same fact can help one person and hurt another depending on their history, their dates, and what they have already filed.

That is why the most useful thing you can do before making a decision is get advice about your own situation, not someone else's. If you would like to talk through yours, you can book a consultation below.

Slatton & Hass Immigration Advocates is a Maryland-based immigration firm serving clients nationwide. This post is general information, not legal advice, and does not create an attorney-client relationship.