Brian D. Lerner – The Best VAWA Attorney

1. Brian D. Lerner – The Best VAWA Attorney The best VAWA attorney will properly represent you in removal hearings. If you are in removal proceedings, explains a VAWA attorney, the Immigration Judge and the trial attorney (who represents the Department of Homeland Security) are not your friends. You are just a number to them and the best VAWA attorney will not back away from doing what must be done. Many times if your VAWA attorney is not the best VAWA attorney, he or she will simply admit to the allegations on the Notice to Appear without properly analyzing what is in the Notice to Appear or without asking the proper questions of the client. The VAWA attorney will know exactly what to do and not to do with a Notice to Appear. Thus, what is the Notice to Appear? The VAWA attorney explains that the Notice to Appear is the first document to begin the deportation or removal proceedings. It is the document that would be similar to an indictment in a criminal proceeding. Essentially, the VAWA attorney would know that a Notice to Appear has different sections. The first section of the Notice to Appear deals with allegations of essentially where you were born,when you entered the U.S., how you entered the United States and what is your nationality. Many times, if your immigration attorney is not the best immigration attorney, he will simply admit those allegations. While there may be many occasions where these allegations are admitted, there are times when they should not. If you have been abused physically and/or mentally from your spouse (whether male or female), you may be able to apply for VAWA under a special Cancellation of Removal. The VAWA attorney will know that if you ‘almost’ qualify for Cancellation of Removal where you need to show 10 years of physical presence prior to the Notice to Appear being served, but the stated entry date is 3 or 4 months shy of the 10 years, it is very possible that the date that Immigration believes that you entered the U.S. is not correct. The physical presence for a VAWA cancellation of removal is less and different. How many of us, asks the VAWA attorney, remember exactly what day we might have done something over 10 or 15 years ago. Thus, the VAWA attorney may very well be able to argue that the allegation of when you entered the U.S. is not correct and that it should be denied. Another issue which the VAWA attorney will look into is whether or not there are any derivative citizenship issues. For example, explains the VAWA attorney, your parents or grandparents might have been born in the United States. Once this situation would be analyzed, you might actually be a U.S. Citizen. Therefore, if the VAWA attorney just admits to the alienage of U.S. Citizenship, that attorney might be doing a disservice to the client. Rather, the VAWA attorney would deny the allegation of nationality and make a motion for termination of the proceedings in order to apply for derivative citizenship.