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How to Choose an Immigration Attorney
Contributor: Van T. Doan
There is no question about it; the outcome of your immigration matter can affect your whole future—and your choice of attorney has a big impact on the outcome of your immigration matter. How do you choose an immigration attorney, and what are some red flags you should look for when considering hiring a lawyer for your immigration case?
Should I Hire an Immigration Attorney?
In some cases, your situation may be so simple and straightforward that you don’t even need to hire an immigration attorney—such as renewing a visa or work permit when there have been no changes in your circumstances and all you need to do is fill out a form.
However, if you are dealing with a more complicated situation, or if a mistake could have serious consequences (such as denial of lawful permanent residency or removal from the U.S.), you should definitely have an attorney’s help.
You are never required to have an immigration attorney’s help, but the truth is, it’s usually a good idea. An experienced immigration attorney can spot legal issues and potential pitfalls you may face, and identify immigration benefits for which you may be eligible. Your attorney can monitor the progress of your immigration matter and keep you informed. If it is necessary for you to have an interview or hearing with an immigration official or judge, your attorney will prepare you and represent you. In short, hiring a good immigration attorney is an investment in your future.
Finding an Immigration Attorney
The best way to find a reliable immigration attorney is to get a referral from someone you know and trust. It is ideal to get a referral from someone who has worked directly with the immigration attorney and has had a positive experience. However, it’s also common to get a second- or third-hand referral; your friend might not know the immigration attorney, but their next-door neighbor had a good experience with the attorney.
Another valuable source of referrals is a local or national bar association, particularly one for immigration attorneys, such as the American Immigration Lawyers Association (AILA). An organization dedicated to immigration law is likely to connect you with an attorney who concentrates mostly or exclusively in immigration law.
Of course, another way to find an immigration attorney is to look online. You can do an online search for “immigration attorneys near me.” Read about the attorneys on their websites, but also look at online reviews and other sources of information about them. In fact, you should do a thorough online search of any attorney you are considering, even if you were referred to them.
Should I Look for Attorneys Who Offer Free Consultations?
It’s tempting to look for an immigration attorney who offers free consultations. After all, if you are not paying anything, what do you have to lose? There are certainly some good attorneys who offer free consultations. Unfortunately, in many cases a free consultation is often nothing more than a sales pitch for the attorney’s services. Even in the best cases, you are unlikely to get customized legal advice in a free consultation. Because free consultations are typically brief, any advice you do get could be based on incomplete information gathered by the attorney, which could lead to a bad—and costly—outcome.
A better approach is to look for an attorney who charges a reasonable fee for a consultation. Attorneys who charge a modest consultation fee are able to give advice based on the facts of your situation. With attorney consultations, it is often true that you get what you pay for.
Questions to Ask an Immigration Attorney
When you consult with a prospective attorney, you want to confirm that they have the experience and skill that you need, and that you are comfortable working with them. Here are some questions that will get right to the heart of what you need to know.
- How long have you been practicing immigration law? What percentage of your practice is immigration law? An attorney who has been practicing immigration for a long time likely has a lot of experience, but it’s also important to ask how much immigration work they handle. An attorney who only takes one or two simple immigration cases per year, even if they’ve been practicing for a long time, may not have the experience you need. An attorney who handles a substantial amount of immigration work is more likely to keep up with developments in the law that might matter to you.
- Do you handle many cases like mine? There are different areas of immigration law, and you need to know that your prospective attorney has experience with cases like yours. For instance, an attorney who handles primarily employment visas may not be your best choice for an asylum or defense of removal case.
- How and when should I expect to hear from you? If I need to call you, how soon should I expect a call back? Immigration cases can be stressful, especially those involving potential removal and court hearings. It’s important to understand how your attorney gives updates, and how responsive they are when you need to reach them.
If the answers to these questions are satisfactory to you, and you feel comfortable with the attorney, that’s an indication that the attorney would be a good fit for your needs.
Five Red Flags When Choosing an Immigration Attorney
There are also some situations that should raise a red flag for you when you are hiring an immigration attorney. Here are things to watch out for:
- Immigration services that are not law offices. There are people or organizations who advertise help with immigration issues, but that are not lawyers and may not even have a lawyer on staff. These services may refer to themselves as “immigration consultants,” “visa consultants,” “petition preparers,” or “notarios.” In some cases, these service providers do no more than fill out forms for a fee; they may even take your money without doing anything at all for you.
- Attorneys who approach you at an immigration office or court. This is considered an unethical practice, and attorneys who seek out clients this way often offer low-quality services.
- Attorneys who use scare tactics to pressure you to sign a retainer. Some immigration situations are time-sensitive, and you may need to get a lawyer sooner rather than later. But an attorney who pressures you or tries to scare you into signing a retainer without giving you time to think about it should raise a red flag.
- Attorneys who promise things they cannot deliver. There is no such thing as a guarantee in immigration law. While your attorney affects your outcome, they do not control it. Be wary if any attorney promises you a certain result.
- Attorneys who encourage you to do something unethical or illegal. Your attorney took an oath to uphold the law; they should never ask you to break it, even in a small way. If an attorney asks you to lie on a form, sign a document that you know is false, or bribe an official, they do not have your best interests at heart. Following their advice could result in your being barred from the United States.
To learn more about choosing the right immigration attorney for you, contact our law office to schedule a consultation.
Categories: Immigration Law