Why Hire an Immigration Attorney?

Many persons involved in U.S. immigration and immigration benefits believe they might just as well handle their case and filings by themselves. Yet, few U.S. citizens, let alone aliens, have any understanding of the U.S. immigration system. U.S. immigration involves many laws and regulations from several government agencies, and application of these laws and regulations is extremely individual fact-intensive. Many people mistakenly believe that immigration law is just "form filling". In fact, the field of U.S. immigration law is quite complex and it changes frequently.

Abraham Lincoln coined the adage about the person who represents himself in a legal matter has a fool for a lawyer. A complicated regulatory structure, and precise analysis of an individual's factual circumstances within that regulatory maze, creates hazards for individuals who decide to make the very important decisions that are involved in immigration and status themselves, without the benefit of knowledge and experience.

Persons who file their applications themselves often make mistakes that are costly not only in terms of money, but also in terms of time; and timeliness of filings is critical in immigration matters. I have seen many clients who made mistakes in their filings and lost options and opportunities that would have benefitted their cases and their remaining in the U.S. in valid status.

Government web sites, government telephone question lines and many other web sites do offer information about immigration. While these may be a benefit for developing "background information" one would be well-advised to be cautious to rely on this information. Simply publishing information on the World Wide Web does not make the information accurate or applicable to one's individual factual circumstances.

Those who offer "public" information may not have the ability or resources to advise you on your individual case. Often information among different government agencies differs widely, let alone the different advice one may receive from just a single agency. Often the qualifications and experience of the customer service representatives on the phone varies tremendously, just as it will tend to do in many private business customer service centers. More importantly Internet and teleophone information providers have no responsibility for the information they provide.

As a general rule, the U.S. Citizenship and Immigration Service (USCIS), the U.S. Department of State, the U.S. Department of Labor (DOL) and other agencies involved in the immigration process do not assume the responsibility for educating prospective immigrants. These agencies often believe that their main task is to serve more in an enforcemnt role and apply regulations by strict accrodance to "dotting the i's and crossing the t's." If informal advice is offered (and it is rarely offered), such advice is frequently understood by the recipient inaccurately and can be misleading.

Seemingly simple matters involving immigration issues can become mirred in the regulations, agency interpretations, and become problematic. An immigration lawyer can explain all the options available to you and assist you in making the right choices. He or she can also deal with your case more effectively and efficiently than you probably could. Even if you intend to file an application on your own, you may wish to consult with an immigration lawyer before filing any document.

Unless you deal with immigration matters regularly, it is doubtful that you will be able to work your way through the process without encountering problems. Even minor errors or omissions in processing your forms in a timely manner, or in the interpretation of the substantive law, may result in serious consequences. Immigration lawyers are often hired by people who attempted to file petitions themselves but failed for a variety of reasons. Legal fees often end up being higher in such cases.

An immigration lawyer can work with you to prepare your case and represent you before the administrative agency handling your petition. The lawyer should be able to explain to the government agency why your case meets the requirements of the law and if problems arise, the lawyer often has additional resources available to help resolve the issue or can prepare your case for an appeal.

Never hire an immigration consultant for a U.S. immigration case. It is unfortunate that many people still equate the term "immigration consultant" with "attorney". Immigration consultants are not regulated. They therefore require no training or experience as a prerequisite to calling themselves immigration consultants.

I have seen many persons immigration cases so totally botched by "immigration Counsel" (for example a Notary Public who's training and expertise is limited to attestation of signatures on formal documents) where clients have wasted literally hundreds or thousands of dollars in unncessary government filing fees, or who have actually lost several years of time in processing their immigration case, or who have been actually led into the absolutly wrong process in making their applications.

On May 20, 1993, the (then) INS Office of the General Counsel released an opinion letter discussing the unauthorized practice of law and clearly indicated that a visa consultant or any other unauthorized representative may not engage in the representation of persons, as defined in the federal immigration regulations. The letter stated that "the very selection by a visa consultant of a Form I-130 for a client's use could constitute a legal judgment that the client and/or his alien relatives are not eligible to apply for any other immigration benefit(s). An accurate determination of such eligibility requires extensive knowledge of often complex immigration laws and their applicability to individual cases."

Choosing an immigration lawyer. A U.S. licensed attorney in good standing may act as a representative in U.S. immigration matters. However, the mere fact that a lawyer has a license to practice law in the United States does not mean that he or she is competent to represent you.

It is therefore important to ask the attorney if he or she is a member of the American Immigration Lawyers Association (AILA). Founded in 1946, AILA is a bar association of over 7,200 attorneys and law professors who practice and teach immigration law. Member attorneys represent tens of thousands of U.S. businesses and industries, foreign students, entertainers, and asylum seekers, often on a pro bono basis. AILA is an Affiliated Organization of the American Bar Association. AILA membership usually indicates that the attorney devotes a reasonable amount of his or her practice to U.S. immigration law. Although AILA membership does not necessarily mean that a lawyer is competent in the area of U.S. immigration, the absence thereof may suggest that your attorney lacks sufficient expertise.