Before you seek assistance for your immigration issue, consider the following:
Should I get help from government employees working at the USCIS (formerly INS)?
If USCIS employees give you the wrong answer, they have no responsibility or liability for the information they provide.
USCIS employees are not adequately trained in Immigration matters, especially with the proposed changes to the immigration law and how it would affect your case.
USCIS employees generally do not have the time to respond carefully and completely to your immigration questions.
USCIS employees have no incentive to help you in your case since their livelihood is not based on your success.
Do I need a lawyer?
Even the simplest immigration issues can benefit from the assistance of an immigration lawyer. Submitting an error free document is the simplest way an immigration lawyer can help. A document that has errors in it could delay the processing, and any delay in processing can not be desirable.
A lawyer knows the changes in immigration law that are scheduled to take place. This knowledge can be very helpful to winning your case. Often speeding the processing can be beneficial and lawyers know all the ways this can be done. But sometimes holding on to the application until the law changes to your favor can be more beneficial. Membership in professional organizations and dealing with the USCIS and the immigration court on a daily basis, gives the immigration lawyers the needed insight that is otherwise hard to gain.
If you have a complex case, like asylum or deportation, or have special circumstances surrounding your immigration issue, seeking the advice and representation of a lawyer is almost a necessity. An immigration lawyer has all the tools necessary to creatively represent you. Access to immigration journals and past court decisions allows your lawyer to effectively defend you.
What about immigration consultants?
In most states, people who work as immigration consultants are violating the law by practicing law without a license. Because 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.
The USCIS does not recognize immigration consultants and will not allow them to intervene on your behalf should a problem arise in your case.
Many immigration consultants insist that they are merely assisting people in completing forms. But even the USCIS has warned the public that the process of applying for a visa or citizenship is more than just form-filling. There are regulations behind most of the questions asked on USCIS forms and questions that may seem straightforward, but are actually designed to elicit information relating to a complicated matter of law.
What do I look for in an immigration lawyer?
Does the lawyer only practice immigration law?
Many lawyers practice in a wide variety of legal areas, such as criminal law, tax law, estate law, as well as immigration law. Immigration law is a very complex category of law, and especially after September 11, 2001, it takes full dedication to master it. To get the best representation, make sure your lawyer only practices immigration law.
Is the lawyer a member of the American Immigration Lawyers Association?
AILA is probably the immigration lawyer’s best 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.
Does the lawyer handle tough immigration issues, like asylum and deportation?
Even though you may not need an asylum or deportation lawyer, ask the lawyer if they handle asylum and deportation cases. Many immigration lawyers don’t deal with these cases because of the complexity involved. If a lawyer takes asylum and deportation cases, that would be a good sign that they are competent enough to take care of your case.
Will a paralegal handle your case?
Many law firms hire paralegals to take care of your case. Your best bet is to hire a lawyer who will handle your case himself/herself and not pass it on to one of his/her paralegals.
Is the lawyer’s work load such that your case gets the attention it needs?
Make sure your lawyer is not taking on so many cases that he/she can not pay attention to your case. When making an appointment, ask for other possible open spots for your appointment. If they have only a few open spots to meet you, that is a good sign that they are too busy to take on your case. If they are so busy that they are short with you, that is another sign that they are too busy to represent you well.
Is the lawyer internet savvy?
Today, much information is being disseminated electronically. Make sure your lawyer has access to online immigration data banks, has a website, and responds to emails daily.
Does the lawyer communicate with the client in a timely manner?
The number one complaint against lawyers in this country is not poor work quality. It is failing to communicate with their clients. You are paying a lot of money to hire a lawyer and it is your right to expect to be kept informed of developments and have your calls and emails returned in a timely manner. On the other hand, there is still such a thing as excess and calling your lawyer everyday to find out what is happening on your case is not necessarily fair either.
What is the lawyer’s educational background?
While many fine lawyers have come out of mediocre law schools and lousy lawyers come out of the Ivy Leagues, where a lawyer went to school can still be an indicator of a person’s ability to achieve. Even further, check to see if your lawyer has an advanced law degree (LLM).
Does the lawyer act professionally?
You can tell a lot about a lawyer from the way they conduct themselves. The way they dress, how clean they keep their office, how they greet their clients, are all ways you can tell how professional they are. The odds are that a professional lawyer will represent you professionally, and an unprofessional lawyer will represent you unprofessionally.
Is the lawyer ethical?
Run as fast as you can from lawyers that tell you it is okay to lie or otherwise act dishonestly in your case. You are risking jail time and potential lifetime banishment from the United States. If they think it is okay for you to lie, likely they think it is okay for them to lie to you as well. Also, be wary of lawyers who guarantee a positive result in your case. A good lawyer can dramatically improve the chances of approval and success in your case, but no lawyer can guarantee a result.
