This article is intended to assist individuals who are debating whether or not to hire an immigration lawyer, in general, or are having trouble deciding which immigration lawyer to hire. We welcome comments from our readers on information we can include in this FAQ since we will be featuring this article on our web page.
Q: Do I need an immigration lawyer at all?
A: The answer to this question is almost always yes. The Immigration and Naturalization Service, the Department of State and other agencies governing immigration frequently view themselves as gatekeepers whose main task is to keep as many people out as possible rather than assisting qualified applicants in entering the US. Unfortunately, seemingly straightforward matters involving immigration issues can become nightmares for simple reasons such as the fact that immigration rules change frequently or the common problem of INS information officers or immigration forms dispensing incorrect information. Even if you intend to file an application on your own, you may wish to consult with an immigration lawyer before filing any documents.
An immigration lawyer can definitely help you to understand all the options available to you. Immigration law is complex and changes frequently. Unless you are dealing with immigration matters on a daily basis, it is often likely that you will not be able to easily work your way through the process. Time is money and an immigration lawyer can frequently get results much more quickly than someone trying to handle the matter on their own.
Immigration lawyers can prepare and file your immigration petitions. You do not have to experience unnecessary delays and invest countless hours learning the immigration procedures if you hire a competent immigration attorney who is familiar with government operating procedures. Immigration lawyers frequently are hired by people who attempted to file petitions themselves but failed for a variety of reasons. An immigration lawyer can communicate directly with government officials and make headway in solving problems where a lay person cannot
An immigration lawyer can also represent you in immigration litigation such as deportations. The old saying “He who represents himself has a fool for a lawyer” applies to immigration proceedings as well. An experienced immigration lawyer can guide you through these proceedings in a manner similar to a criminal or a civil litigation defense attorney. They can advise you of options you may no know are available and act as your advocate if, in fact, the government is not complying with the law.
If you are processing at a foreign consulate and you have a complicated matter, an immigration attorney may be able to escort you to the consulate and ensure that you are treated fairly. Consular decisions are not generally not reviewable so it is important to get your case presented properly on the front end of the process.
Q: How do I find a good immigration lawyer?
A: One of the best ways to find a lawyer is through the recommendation of friends. A lousy lawyer can often talk a good game in a consultation, but the word of trusted friends is much more important.
A number of immigration lawyers advertise in various media and there is nothing wrong with this. Advertising may at least give you a place to start when choosing an attorney. And a law firm web site can be a great way to learn a lot of detailed information about the attorney without having to make the initial contact. But you should not choose a lawyer simply because you saw his or her advertisement.
Make sure you interview an attorney thoroughly before committing your money. You might even want to interview a few attorneys before making a decision. The cost of a consulting with more than one attorney is worth it if helps you to find an outstanding lawyer.
You should consider a number of issues before agreeing to be represented. Ask the following types of questions:
- Is the attorney a member of the American Immigration Lawyers Association? AILA membership indicates the attorney is not one who dabbles in immigration law. AILA is one of the best bar organizations in the country when it comes to keeping its members informed and AILA lawyers have several networks for trading information on complicated issues.
- How long has the attorney been practicing immigration law? Immigration law is very complex and experience is extremely valuable in minimizing the chances for problems.
- What percentage of the attorney’s work is in immigration? Again, the only way to become truly competent in handling immigration matters is to handle such cases frequently.
- Has the attorney handled similar cases frequently? There are many immigration lawyers who only handle certain types of immigration cases. Be sure your lawyer has experience dealing with cases like yours.
- Find out why your attorney is involved in immigration matters. Some attorneys are in involved with immigration law because they truly care about immigrants. Some immigration lawyers, unfortunately, are in immigration law because they perceive immigrants as easily exploitable.
- What are your lawyer’s educational credentials? Did your attorney go to a top college and law school. If not, did the lawyer do well in law school. These are criteria that top law firms in the US use to hire their attorneys. There is no reason why you should not apply such tests as well.
In addition to asking the questions listed above, try to assess how comfortable the lawyer seem when discussing your case. Do they seem very familiar with the law or are they struggling?
Aside from experience and credentials, there are a number of other issues which may influence your decision:
- Is the attorney accessible? Some attorneys take days to respond to phone calls while others will respond to your questions immediately or within a short time frame?
- Who will be handling your case? Will it be an inexperienced paralegal or the attorney?
- Does your attorney invest in the latest technology? Do they use computerized research tools? How about forms software? Does the lawyer have e-mail capability?
- You should also be nervous about hiring an attorney who promises success. Nothing in immigration is guaranteed. An experienced attorney can provide a good assessment of your chances, but no honest attorney will guarantee a victory. You also should be nervous about hiring a lawyer that does not encourage you to be entirely truthful with the government. If your attorney is not ethical in his or her dealings with the government, you can expect that he is not going to be ethical in his or her dealings with you. Besides, the government has an amazing ability to ferret out lies anyway. You should also be weary of lawyers claiming to have connections which get them special treatment. These claims are never true.
Q: Do I need a local immigration lawyer or can I hire one out of my area?
A: Immigration law is one of the only areas of law in the country which are strictly federal in nature. This means that only the federal government can make immigration law, not state or local governments. The rules for processing an immigration case are the same anywhere in the country. Furthermore, most immigration procedures are handled via mail. What this means is that for most immigration matters, you can choose a lawyer licensed anywhere in the US.
The only time you definitely should consider hiring local counsel is in an immigration litigation matter where you will need representation in front of a judge. You can, of course, hire a national attorney for this, but the travel expenses could add significantly to the cost of the cas.
Q: How do I know whether the price being charged by the attorney is fair?
A: Be suspicious of a lawyer who prices far below the competition. The lawyer may be inexperienced and does not understand how to fairly price the case. This may mean you get a great price, but do you want an inexperienced lawyer as part of the bargain? Remember that fees sometimes vary from one part of the country to another. And do not assume because a friend got a cheaper fee that you should receive a similar quote. The facts of your case may be more complicated. In addition, your friend may have received services at a time when immigration law was simpler than it is today.
Some lawyers are willing to quote a flat fee to handle a case while others insist on being paid on an hourly basis. If you are going to pay on an hourly basis, see if the attorney is willing to put a cap on total fees for legal services. And read the fine print. What contingencies are built into the agreement which will let the lawyer raise the price. In most cases, expenses (such as filing costs and credentials evaluations) are not covered as legal fees. Try and get an estimate up front on how much the expenses will be.
Some attorneys are flexible in their payment terms while others will insist on most of their fee up front. Ask initially whether you can pay out your fee if this is important to you. Find out whether the attorney will accept payment on credit cards. If you are capable of paying all of your fee up front, see if you can negotiate a better fee. But remember – if you pay in advance for services which have not yet been rendered, you risk being put on the bottom of the priority list when it comes to handling your case.
Q: What about immigration consulting services? Can they represent me?
A: No. There are many such consulting services that are practicing law without a license. Attorneys must be licensed in the US to ensure consumers are not being ripped off by unqualified individuals. The INS only recognizes attorneys or accredited representatives of non-profit organizations when it comes to representing applicants.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.