In the course of immigrating to the United States it may be one of the most important life experiences many people will go through in their lives. Moving to a different country is usually a complex and stressful undertaking and the consequences of failing to properly plan can lead to nightmare scenarios. It truly is no surprise, why so many people choose to hire immigration lawyers to help with their immigration case.
So how does one decide if they need an immigration lawyer? More importantly how does one pick the right immigration lawyer? There is no exact rules for addressing these questions. But, hopefully, this material will help you make an informed decision.
So why hire an immigration lawyer?
It is simple, immigration benefits are form-based, many are misinformed or tricked into believing that the underlying laws are simple and straightforward. Just like tax law, these forms are determined by a complex set of laws. Courts and judges have compared these two types of law and found that immigration law is second only to the Internal Revenue Code in complexity.
Some government agencies now have websites that are trying to provide better information for the public, but it could be a very costly mistake to bank on any government agencies for legal advice relating to immigrating to the United States.
Why? Consider the following:
Government institutions have little to no responsibility or liability for information they give you. Unfortunately many of these enforcement agencies often have the mentality to try to keep out as many people as they can.
Information officers are typically not properly trained in immigration law, nor do they keep up with the most up to date developments in immigration laws. Every case differs significantly and these agencies do not have the man power to properly assess your case and advise on how to proceed. Even if you manage to achieve in filing the application yourself, your inexperience could lead to mistakes that can be very costly in terms of time and money. If you have to retain a lawyer later, your mistakes may greatly limit your options and immigration lawyers are probably going to charge more to clean up the mess.
A good immigration lawyer will be able to give you a honest and thorough determination of your case and be able to explain the options that are available to you based on not only the current law, but changes that may be in the legislative or judicial channels at any given time. The lawyer will build your personalized case and appear with you in front of the government agency processing your petition. The lawyer will be able to explain to the government agency why your case fulfills the requirements of the law and if problems arise, lawyers generally have added resources available to them to help resolve issues and can build your case for an appeal.
Why not use an "Immigration Consultant"?
For most states, anyone who works as an immigration consultant are in violation of the law because they are practicing law without a license. The reason is these individuals are operating illegally, their work is not regulated and you do not have the same recourse available to go after someone who is dishonest or incompetent. Only lawyers and accredited agents may correspond on your behalf pertaining to your application with USCIS.
What about people that call themselves "Notarios or Notarios Publico"?
"Notarios Publico" in the United States falsely represent the qualifications to provide legal immigration assistance. Notario is the Spanish-language term for notary in Latin America. Notary publics in the United States in no way have any legal education as notarios in Latin America. Some states have put laws on the books prohibiting notaries from advertising as a notario or notario publico.
Some states have laws regulating immigration consultants and all states prohibit "notarios" from giving legal advice or legal representation. The American Bar Association provides a list of relevant laws by state.
Also, the USCIS does not recognize immigration consultants or notarios and will not allow them to represent you on your behalf should a problem come up in your case.
The majority of immigration consultants try to say that they are simply helping people in filling out forms. The public has even been cautioned by the USCIS that applying for citizenship or a visa is not just simply filling out forms. The reason for this is there are requirements to almost all of the questions asked on the USCIS forms. Questions that no matter how straightforward they appear are really designed to extract information relating to a complicated matter of law.
So what should you look for in your lawyer.
We have listed a number of factors here to consider when hiring an immigration lawyer. The process of selecting just the right immigration lawyer can be time consuming but well worth the effort in the long run.
We hope you find this list helpful in making your decision:
1. Community stature- Does the lawyer have a good name in the community? If your attorney has a sterling community reputation, chances are it was earned through hard work.
2. Client referral - A good reference from a family member or friend is often the best gauge to a lawyers competence.
3. Being an AILA member - AILA is by far the immigration lawyer's greatest resource for up-to-date information. While being an AILA member is not a sure sign of quality, it may indicate that the lawyer is keeping up with this rapidly changing field of law.
4. Exclusive Immigration practice - A lot of lawyers list immigration law as one of many types of law that they handle. It is hard enough for a full-time immigration lawyer to keep up with all of the developments in immigration law. It is practically impossible to be a good immigration lawyer while trying to balance many other practice areas as well. Beware of any lawyer where immigration law is just one of many areas of practice claimed to be one of their specialties. Try to think of it this way would you go to a general practioner doctor to get your triple by pass done on your heart? I will let you ponder that question. Your immigration status is very important to you as well. You really need to think seriously about who you let help you in your quest to achieve immigration status because in many cases you only have one chance to get it right.
5. Years of service- Immigration law is like any other profession that the longer one is in practice, the better one's gut feelings become. The opposite can be just as true. Lawyers who have been practicing for years may become careless about staying in touch on the latest developments. Some of the most dreadful immigration lawyers are the ones who have been around the longest. So try and strike a balance.
6. Fees - The majority of immigration lawyers work on a flat fee basis. In determining if the lawyers fees are reasonable consider the following. Are the attorney prices out of the range of the market, either too high or low?. Too high may be a sign that the lawyer does not have a clue how much work is truly involved in the case. Or the lawyer may simply be attempting to take advantage of an uninformed client. Too low of a price might be because the work is being pawned off to a legal assistant or a very junior paralegal. The key here is to do your homework and shop around if price is a big factor.
7. Ethics - Run as far and as fast as you can from any lawyer that tells you he or she will lie or otherwise behave dishonestly in your case. Beside the obvious questions of morality, you are risking jail time, fines and potential lifetime banishment from the United States.
8. Lawyer- Paralegal ratio - . A reasonable ratio is one to two paralegals per attorney. This also probably means that the firm is not too overworked. This is a good sign that the attorney you hired actually knows what is going on with your case and has the time to speak with you.
9. Language skills - Some clients feel more comfortable with a lawyer who speaks their native language. Most lawyers will advertise if they speak another language.
10. Use of technology - Technology has even taken over even the practice of immigration law. Maybe as much if not more than any other area in the legal profession because of the constant changes to this area of the law. Ask if the attorney use email? Do they have the latest case management software? Does the law firm have a secure website to see the progress of your case? Lawyers who are up to date with cutting edge tools can provide legal services with better quality and often deliver legal services with less expense.
11. Location - Unlike most area of law, the location of your immigration lawyer is not really as large of a concern as you might think. Immigration law is strictly under federal jurisdiction. That means it is pretty much the same across the country and a lawyer in one state is practicing under the same rules as in every other state. Immigration law is almost exclusively administrative which means most petitions are sent in via mail and personal appearances by lawyers are becoming less and less frequent.
12. Promotional materials - Pay attention to how a law firm promotes itself. Are they professional and polished or do they appear to be a fly-by-night law firm. Just remember how a firm presents itself to its clients and potential clients may be an indicator of how the firm will present itself - and you - to the USCIS.
13. Personality compatibility - You need to feel comfortable with your immigration lawyer. Do you have a personality that needs a lot of hand holding or do you prefer someone more down to business. Try to think of what kind of personality you have and like and see if the lawyer matches your taste. A lawyer's personality can mean a lot to how the overall experience goes. Also, try to find a lawyer who cares about you and your case.
14. Promising too much - If you can believe this, some immigration lawyers swear they have never lost a case even after a long career. Be leery of lawyers who guarantee success. A lawyer who honestly explains the risks in your case is worth their weight in gold. Also, be very weary of attorneys who claim to have pull with the government. Another negative sign is lawyers who speak badly of their competition. If the lawyer is good, their record will speak for itself without putting down their competitors.
15. Contracts- Read the fine print in your contract. Some lawyers load contracts with so much "legalese" or it is so one-sided that it should be a red flag to you. Consider using a lawyer who provides a contract that is written in plain English that appears to be fair for both sides.
16. Disciplinary actions - Has the attorney ever been disciplined by the Board of Professional Responsibility of the state bar? This is an definite sign of problems. There are also people who just out and out lie about being licensed attorneys. Go to your local local bar association to check that the attorney is licensed and in good standing if you suspect this to be the case.
Can anything be done if I can not afford a lawyer?
The sad fact is some people will never be able to afford to hire an immigration lawyer because of money issues. You may still have options that will allow you to render the services of an immigration lawyer. Quite a few lawyers work with pro bono legal organizations in their communities and accept a limited number of no or reduced fee cases. In most cases you will probably need to be screened by one of these community services to determine that your case is the type of case that fits its criteria for a referral to a pro bono lawyer. You will usually be checked as well to see whether you truly are unable to pay.
Do I have any recourse if my lawyer mismanages my case?
For some this is not a theoretical question when you have retained a bad lawyer. A large part depends on the facts in your case. You first have to determine whether their really is a problem with your lawyer. In the majority of cases, people that are disgruntled about how their lawyer was ineffective in their case is usually, in fact, problems that are out of the lawyer's control. This is especially true with USCIS backlogs.
If your lawyer really has screwed up but you think the mistake was an honest one and does not reflect on your lawyers competency, it may be best to work with the lawyer in fixing the matter than to just switch to a new law firm. If you still have reservations about the competence of your lawyer, you may want to seek out another opinion from a different lawyer. Something else to think about is that many immigration lawyers will not take cases from people firing previous lawyers. Why? Many people are just simply negative people and will never be happy with their lawyer. Typically the better law firms that have a very good reputation have no problem getting clients to hire them. These law firms are in business to help their clients with their immigration needs and have no time to deal with this kind of behavior. Law firms with a less than stelar records will usually take on any case to keep business coming in. While many people have valid reasons to switch lawyers, you really want to avoid getting a "negative" image and make sure you choose wisely when you are are choosing your lawyer.
If your lawyer badly mismanaged your case, you have two courses of action. You can file a complaint with the bar that licenses your lawyer. The second option is suing the attorney for legal malpractice. This can be a very costly and time consuming endeavor in itself. It is best to find the right lawyer the first time.
In the end, if you do your homework when picking out your immigration lawyer it will greatly improve your chances for your case to managed successfully. To do that educate yourself as much as you can about immigration laws. This way you can work with your lawyer to getting the best possible out come for your case. It also will help you make sure that you are selecting a lawyer that really knows what they are doing.