Why Hire An Attorney

So how does someone go about determining if they need assistance with their case? More importantly how does one pick the right immigration lawyer? There is no easy or set fast answer for addressing these questions. But, hopefully, this material will help you make an informed decision.

Why use an Immigration Attorney?

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. Let's say you are successful in filing the application on your own, your lack of experience could induce mistakes that may be very expensive in regards to 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. A knowledgable immigration attorney 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"?

Almost every state in the Union recognizes that anyone who works as an immigration consultant are in violation of the law. Why is this? Because they are practicing law without a license. The reason they are working illegally is because their work is not controlled and you do not have the same protection at your disposal to file a complaint with someone who is dishonest or incompetent. Only lawyers and accredited agents may correspond on your behalf pertaining to your application with USCIS.

What about "Notarios or Notarios Publico"?

"Notarios Publico" in the United States falsely represent the qualifications to provide legal immigration assistance. The term Notario is used in Latin America for notary. Notary publics in the United States in no way have the same amount of legal education (if any) as notarios in Latin America. Some states have put laws on the books prohibiting notaries from advertising as a notario or notario publico.

Yet other states have laws overseeing immigration consultants and every states forbid "notarios" from allowing legal advice or legal representation. The American Bar Association (ABA) furnishes a list of pertinent laws for each state.

Also, the USCIS does not acknowledge immigration consultants or notarios and will not permit them to serve you on your personal interest should an issue arise in your case.

The majority of immigration consultants say they are just assisting people in helping complete their forms. The population has even been cautioned by the USCIS that requesting for citizenship or a visa is not merely completeing the forms that are involved in the process. 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 method of picking out the correct immigration attorney can take a bit of time but well worth the effort in the long run.

We hope you find these ideas helpful in making your decision:

1. Community stature - Does the attorney have a good name in the community? If your attorney has a great reputation in the community, it was probably acquiered 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 a member of AILA - AILA is without a doubt the immigration attorney's greatest tool for staying up with new immigration laws and information. Just because the attorney is an AILA member it does not mean the attorney's ability in the field of immigration law is superior. What this does usually point out is that the attorney is staying up with this rapidly and ever changing field of law.

4. Sole Immigration practice - Many attorneys claim immigration law as one of a handful of fields that they can practice in. Now immigration law has been found by most experts to be second only to tax law in how complicated the law is. Much like doctors who specialize in a field, attorneys who specialize in immigration law have a hard enough time keeping up with all of the new developments in immigration law. It is not possible to be a superior or even good immigration attorney if you are trying to practice other areas of law. Watch out for any attorney who claims they exclusively practice in multiple fields of law. Try to think of it this way would you go to a general practioner 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 goals 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 come into play. 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 extreme a price may be an indication that the attorney does not have a clue how much labor is truly involved working on the case. Or the lawyer may simply be attempting to take advantage of an uninformed client. Too low of a price might be a sign 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 - Do not get involved with any lawyer that tells you he or she will lie or otherwise behave dishonestly in your case. It does not take a rocket scientist to realize the morale implications involved, you are also risking jail time, fines and potential lifetime banishment from the United States.

8. Attorney - Paralegal ratio - A reasonable ratio is one to two paralegals per attorney. This also probably means that the firm is not too overworked. This can be a good indication that the attorney you retained is working on your case personally.

9. Language skills - Some clients feel more comfortable with an attorney 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 uses email? Do they have up to date software to manage their cases? 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. Locality - Unlike most area of law, where your immigration attorney is located is not as large of an issue as people may think because Immigration law is completely under federal authority. That means immigration law is identical across the Nation and that a lawyer in one part of the country is practicing under the same rules as in another part of the country. Immigration law is almost completely governmental which means the majority of petitions are sent in via the post office and private presence by attorneys are less needed in courts.

12. Promotional materials - Pay attention to how a law firm promotes itself. Are they specialists or do they appear to be just another law firm that practices one of a handful of laws. 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 fit - You need to feel comfortable with your immigration attorney. 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. An attorney's personality can make all the difference to how your experience may turn out. 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 wary of attorneys who claim to have pull with the government. Another red flag 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 all of your contract with your attorney. Some lawyers load contracts with so much "legalese" or it is so one-sided that it should be a red flag to you. Try to find an attorney 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 a definite sign of problems. There are also people out there who decieve others about being licensed attorneys. Go to your local bar association to check that the person is licensed and in good standing if you suspect this not to be the case.

I don't think I can afford a lawyer?

You should first contact an experienced immigration attorney about your situation to determine if there is anything that can do done in your case. If there is something that can be done then you should ask the attorney if any arrangements can be made regarding a payment plan etc...Immigration attorneys that are really in this profession to help people with their immigration cases will try to accommodate their clients in making payments. This may also be another indication to you on how the law firm treats its clients, are they just out to make a buck or to help people. Now another sad fact is some people will never be able to afford to hire an immigration lawyer because of money issues. With the ever rising cost from the USCIS to file your case has become a even bigger issue for people, especially in a sluggish economy. 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.

Contact Us

Contact an Albuquerque immigration attorney at Kretz & Romero, P.C. to get expert advice about your immigration situation.