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Why Your Friend's Immigration Case Doesn't Mean Yours Will Have the Same Result - Every immigration case is different

  • Writer: Tanya Powers
    Tanya Powers
  • Jul 3, 2020
  • 5 min read
Immigration attorney reviewing two immigration case files because every immigration case requires an individualized legal analysis.

One of the most common things we hear during consultations is:


"My cousin was able to get a green card without leaving the United States."


"My coworker got approved in six months."


"Someone I know had the same situation and USCIS approved their case."


These stories are completely understandable. When you are trying to navigate the immigration system, it is natural to compare your case to someone else's experience.


The reality is that every immigration case is different. Immigration law is incredibly fact-specific, and a single detail that may seem insignificant can completely change what options are available, whether someone qualifies for a benefit, and how long the process will take. .


No Two Immigration Cases Are Exactly Alike


Even when two people appear to have similar situations, their legal cases may be very different.


For example, two people may both be married to U.S. citizens. One may qualify to apply for a green card from inside the United States through adjustment of status, while the other must complete the process through a U.S. embassy or consulate abroad.


From the outside, those cases look almost identical.


Legally, they may not be.


Small Facts Can Have Huge Consequences


Immigration law often turns on details that many people would never think are important.


Some examples include:


  • How the person entered the United States

  • Whether the person was inspected and admitted or paroled

  • Whether they entered with a visa or without inspection

  • Whether they overstayed a visa

  • Whether they worked without authorization

  • Whether they maintained lawful status

  • Whether they previously departed the United States after accruing unlawful presence

  • Whether they have prior immigration applications or removal proceedings

  • Whether they qualify under a specific exception or waiver

  • Whether they have certain criminal convictions or arrests

  • Whether they have previously used fraudulent documents or made misrepresentations to obtain an immigration benefit


Any one of these facts can significantly change the legal analysis.


Why One Person Can Adjust Status While Another Must Consular Process


A question we hear frequently is:


"Why can my friend apply for a green card here, but you're telling me I have to leave the United States?"


The answer usually comes down to eligibility under the immigration laws—not fairness or luck.


Whether someone may apply for adjustment of status inside the United States depends on many factors, including:

  • Whether they were lawfully inspected and admitted or paroled into the United States

  • The immigration category under which they are applying

  • Whether any exceptions apply

  • Whether they have violated the terms of their immigration status

  • Whether they are subject to bars that require consular processing instead


For example, someone who entered the United States with a visa and later married a U.S. citizen may qualify for adjustment of status. Another person who entered without inspection may not have that same option, even if they are also married to a U.S. citizen. In some cases, that person may instead need to complete consular processing and may even require an immigrant waiver before they can return to the United States.


These distinctions are based on federal immigration law—not personal preference or attorney strategy.


Processing Times Change Constantly


Another common comparison involves processing times.


Clients often tell us:

"My neighbor got approved in six months."


That may very well have been true.


But when that approval happened is just as important as what application they filed.

Immigration processing times have changed dramatically over the years.


For example, several years ago many immigrant waiver applications were commonly decided in approximately six months. Today, it is not unusual for those same applications to remain pending for around three years before a decision is issued.


Likewise, adjustment of status applications, employment authorization applications, advance parole applications, naturalization cases, petitions for family members, and employment-based cases have all experienced significant fluctuations in processing times.


Comparing a case filed years ago to one filed today is often like comparing travel times on an empty highway to travel during rush hour.


Immigration Laws Also Change


Processing times are not the only thing that changes.


Congress passes laws.


Federal agencies issue new regulations.


Government policies change.


Court decisions can alter how immigration laws are interpreted.


USCIS regularly updates forms, filing requirements, and adjudication policies.


An immigration strategy that worked several years ago may no longer be available today.


Even Similar Cases Can Have Different Outcomes


Sometimes two clients have almost identical facts, yet their cases still move at different speeds.


That can happen because:

  • Cases are assigned to different officers.

  • Applications are processed at different field offices or service centers.

  • One case receives additional security review.

  • One applicant receives a request for evidence while another does not.

  • Government workloads fluctuate throughout the year.


None of these differences necessarily mean that something is wrong.


Why Online Advice Can Be Misleading


Online forums, social media groups, and well-meaning friends can provide emotional support, but they rarely have all of the facts.


Most people share only a small portion of their immigration history.


They may not know every legal issue that affected their case.


They may unintentionally leave out facts that were critical to the outcome.


Without reviewing the complete immigration history, no one can accurately determine whether another person's case is truly comparable.


Focus on Your Case, Not Someone Else's


It is perfectly reasonable to ask questions and to want to understand why your case is different.


In fact, we encourage our clients to ask those questions.


Our job is to evaluate your individual circumstances, identify any potential issues, explain your options, and recommend the strategy that best fits your specific situation.


Sometimes the answer is adjustment of status.


Sometimes it is consular processing.


Sometimes a waiver is required.


Sometimes there are multiple possible paths, each with different risks and benefits.


The right answer depends on your facts—not someone else's experience.


The Bottom Line - Every immigration case is different


Immigration law is one of the most fact-intensive areas of law. Small details that seem unimportant can have a significant impact on eligibility, processing times, and the overall strategy for your case.


While it is natural to compare your experience to a friend, family member, or coworker, those comparisons often overlook the legal distinctions that matter most.


If you have questions about your immigration options, the best source of information is an experienced immigration attorney who can evaluate your unique circumstances—not someone else's immigration story.


Every immigration journey is different, and your legal strategy should be tailored to your individual facts.

 

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the laws and procedures can be complex and subject to change. Reading this blog does not create an attorney-client relationship. If you are facing an immigration issue, including a potential inadmissibility finding, you should consult with a qualified immigration attorney to receive personalized legal guidance based on your specific circumstances.

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