Dear Editor,

One of the most pervasive misconceptions that I encounter in my practice as an immigration lawyer is that blemishes on our “records” are temporary, or they simply disappear with the passage of time.

Jamaicans, especially our younger ones, are encouraged to be acutely aware of a simple, but important, reality: The decisions we make today can affect the opportunities available to us tomorrow.

For those who may not be aware: US Immigration law has a remarkably long memory. A decision that seems insignificant at 20 years old may become detrimental at 40 years old. A statement made on a visa application today may be examined years later when an individual applies for permanent residence. A criminal conviction that occurred decades ago may resurface when a person marries a United States citizen and seeks to regularise his or her status. An immigration violation committed when someone was young may become an obstacle to an employment opportunity that did not even exist at the time the violation occurred.

This is a reality I’ve seen in my own practice. In one matter, a client came to me after marrying a United States citizen. My client had built a stable life and maintained a clean record for decades. He expected that his marriage would provide him with an opportunity to regularise his immigration status. His obstacle, however, was a decades-old drug possession conviction from more than 30 years ago. Many clients are often surprised to learn that certain controlled substance convictions from their home countries carry exceptionally severe immigration consequences in the United States. In some cases, the United States Congress has provided no waiver of these offences, unlike with other criminal wrongdoings. This, despite rehabilitation, family ties, or the passage of time. For this client of mine, a single criminal act made decades earlier continues to determine his immigration future (or lack thereof).

In another matter, a client was presented with an excellent employment opportunity in the United States. On paper, he appeared to be an ideal candidate; however, like the earlier client, over 20 years earlier, he had made false statements on his B-1/B-2 visitor visa application which were later uncovered by US immigration officials. At the time, he likely viewed the misrepresentation as a shortcut to obtaining a visa. Years later, that decision became the principal barrier to pursuing legitimate employment opportunities. The irony is that the employment opportunity did not even exist when the original visa application was submitted.

This is the point that I believe more people need to understand: We often make decisions today without knowing what opportunities we may want tomorrow.

This is important for all Jamaicans, but particularly for our young adults, students, professionals, and businesspeople who may not presently have any intention of immigrating to the United States. Life changes. People fall in love, marry, have children, or receive unexpected job offers abroad. Decisions made today should, therefore, be viewed not only through the lens of present convenience, but also through the lens of future opportunity.

Sometimes the law provides a mechanism for forgiveness; sometimes it does not. Don’t author your life story such that you require forgiveness. Do the right thing from day one. Reliance should, therefore, never be placed on the assumption that a wrong committed today can simply be “fixed” tomorrow.

Some of the decisions that can affect future immigration possibilities include:

• Being truthful on visa and immigration applications — A false statement or material misrepresentation can have consequences that extend far beyond the application on which it was made.

• Understanding the immigration consequences of criminal conduct — A criminal matter should not always be viewed solely through the lens of criminal law. A plea or conviction that appears relatively minor from a criminal-law perspective may have serious immigration consequences.

— Complying with the terms of a visa — Overstaying, engaging in unauthorised employment, committing a crime while on a visitor visa, or otherwise violating the terms of admission can affect future immigration benefits.

• Being cautious about who prepares immigration applications — The person who submits an application remains responsible for the information contained in it. Relying on an unqualified “visa consultant”, “notario”, or any seemingly knowledgeable individual with no legal training to prepare a critical immigration application does not shield the applicant from the consequences of inaccurate or fraudulent information. In many cases, these individuals know no more about the law than the person seeking their assistance. But the fact that they charge a fee to prepare applications and gather documents can create an impression of credibility, expertise, and knowledge. That impression should not be mistaken for legal training or competence.

• Seeking appropriate advice before making decisions that may have immigration consequences — This is particularly important when criminal charges, visa applications, immigration violations, or representations to government authorities are involved.

As an immigration attorney, part of my role is to assist clients in identifying available forms of relief, including waivers and other mechanisms provided by law. But there are limits to what an attorney can do. Immigration lawyers work within the laws enacted by the United States Congress and the policies and procedures established by the Government. Where Congress has provided no waiver or other form of relief, there may be little that an attorney can do to change the underlying legal consequence.

Prevention, therefore, is often far more effective, and significantly less expensive, than attempting to repair the consequences years later.

For young Jamaicans in particular, this is a message worth considering. Life has a way of presenting opportunities that we could not have anticipated when we were younger.

Individuals should, therefore, think of immigration eligibility as something that can be built, or compromised, over the course of a lifetime. Every application submitted, every representation made to a government official and, in some circumstances, every interaction with the criminal justice system can become part of a larger story.

You may not know today which parts of your history will matter tomorrow.

Wendy Beswick

Attorney-at-law (Jamaica and Florida)

wendy@wendybeswicklaw.com