The following situation is fairly typical:
A client hires him to apply for adjustment of status (ie permanent residence). Comes with her partner, who is a citizen, and bring all necessary documents: birth certificate, marriage certificate, but the evidence that marriage is "bona fide" (ie, real and not paper). Prepare the application and referred to the Immigration Service (USCIS), along with a work permit application that is received earlier.
Three months later comes a letter from USCIS saying that the person can not receive a work permit "because there is a pending deportation order against him, which won" a few years ago.
course, if there pending deportation order, the client can not adjust status and the situation becomes complicated, because the remedies available to a person in this situation are few.
a lawyer is impossible to know whether a person has a pending deportation order. It is extremely important that you tell the lawyer of any mishaps or problems you've had previously and Immigration Services show you any documents about it. If you've had problems before, but he has no copies of the documents issued by USCIS to describe why he has refused a request, your lawyer will recommend making a "FOIA" or Freedom of Information Act Request (request for information) for the government to send them copies of the documents in his file. Once these documents are in the hands of the attorney, this can best advise to avoid mishaps and more surprises down the road.
The big problem with FOIA is that the Government takes several months to answer. However, in many cases it is a prudent step prior to requesting a file a new petition for immigration benefits.
However, surprises can not be avoided forever. Sometimes it happens that the client did not experience problems with USCIS, but the USCIS found something in his absence. Unfortunately this is the situation in which we live now.
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