Beyond the Paper Trail: Why a Deep Dive Into Your Immigration History is Critical

By: Norka M. Schell, Esq.

In the practice of immigration law, there is no such thing as a “simple” background check. After three decades of legal practice, I have learned that a client’s future often hinges on details buried deep within their past. To provide the highest level of advocacy, an attorney must go beyond surface-level questions. Analyzing a person’s status, inadmissibility, or deportability is a high-stakes, complex process that requires a meticulous, multi-layered approach.

The Human Element: The Direct Consultation

My process always begins with a direct, comprehensive consultation. I ask my clients specifically about their country of birth and the exact narrative of how they arrived in the United States. While this may seem academic, the nuances of an entry can change everything.

A one-on-one conversation allows us to explore the “why” and “how” of their journey. Was there a fear of return? Was there a specific interaction with an officer at the border? These personal details provide the context that official forms often strip away. As a dual-licensed attorney, I am particularly sensitive to how cultural and linguistic differences can impact how a client remembers or describes their legal history.

The Technical Audit: The Role of the RAP Sheet

In addition to our conversations, I conduct a rigorous review of the client’s RAP (Record of Arrest and Prosecution) sheet. This document is a vital investigative tool. If a client had any contact with immigration authorities—or was detained while attempting to enter the United States—these encounters are often noted in the RAP sheet.

However, a RAP sheet is not an infallible roadmap. It is a government record that can contain errors, omissions, or outdated information. While it provides a baseline of past interactions with law enforcement and immigration officials, it is only one piece of the puzzle.

Why Verification is Non-Negotiable

One of the most common pitfalls in immigration defense is relying solely on a single source of information. I do not rely on the RAP sheet alone, nor do I rely solely on memory. My role is to bridge the gap between the official record and the client’s reality. I speak directly with the client to reconcile any discrepancies.

If the RAP sheet shows a detention but the client remembers a voluntary departure, we must resolve that conflict before filing any applications with USCIS or appearing before an Immigration Judge. In this field, a single misstatement—even an accidental one—can lead to a finding of material misrepresentation, which carries lifelong consequences.

Strategic Differentiation: Entry Matters

The advice I give is never “one-size-fits-all.” Understanding the specific circumstances of a client’s entry is the fork in the road for legal strategy. For example:

• Entry Without Inspection (EWI): A client who entered without being processed by an officer faces a significantly different legal path than someone who entered legally and overstayed.
• Lawful Permanent Residents (LPRs): Even those with “green cards” may face deportability issues based on their history that require a completely different defensive posture.

Conclusion: A Tailored Defense for Your Future

Analyzing inadmissibility and deportability is a complex legal exercise that must be tailored to each individual’s specific circumstances. There is no automated shortcut for 30 years of experience. By combining rigorous document review with deep personal consultation, I ensure that we are not just filing forms, but building a robust defense designed to protect your life in the United States.