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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 benefited 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 telephone 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 enforcement role and apply regulations by strict accordance 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 mired 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 Consultant" (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 unnecessary 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 absolutely 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.

Making fee costs work out for you
I realize that the immigration process is a costly process and not one that the typical person can afford. USCIS charges fees for filing Forms and then there are attorney fees. Additional expenses include making hundreds of copies of supporting materials for your case and mailing or sending them by courier service to USCIS.

I can make arrangements to provide for installments in payments of attorney's fees in individual circumstances.   I require a deposit when you engage me to represent you. Although I usually require the balance of the fees be paid at the time I file your Forms, in individual circumstances I are willing to provide for installment payments on the remaining balance.   Also, in many nonimmigrant visa cases the balance of attorney’s fees are not due until the visa is issued.

How do immigration attorneys charge for their services
Immigration lawyers usually charge fees for their services on a flat or fixed-fee basis. Others charge purely hourly rates. Yet others charge a combination, depending on the circumstances.  With flat fees, the client agrees to pay the attorney a set amount of money to represent the client with a particular immigration issue, such as a labor certification application or a petition for H-1B visa status.  The benefit of this fee structure is that the client knows the legal costs from the start and can budget accordingly.

How Much Does It Cost?
The problem with posting fees is that if I post a fee, it may not be correct for your type of case. I am shocked to learn that people call me saying that other attorneys are charging twice to three times what I charge. I can only respond by saying my prices are based upon my overhead, my expenses which I actively manage to limit, and the fair price for the work required. I want your business and I know that although quality legal care does cost money, there is no reason to over-price the service because the other attorneys may operate with higher overhead costs or may work on a "what the market will bear" basis. 

Immigration cases are extremely individual-fact intensive. The only way I can advise you of the cost for your case is after I have an initial consultation with you and am able to develop an understanding of the particular facts of your case. 

What Attorneys Fees Do and Do Not Cover
A fixed fee covers an analysis of your case and preparation of the USCIS Forms and materials, and/or the visa petition packet for your case. USCIS and State Department visa packet preparation includes compiling your supporting documents and reviewing them to make sure that they are sufficient. Fixed attorneys fees also include monitoring your case at the USCIS to make sure it is being processed in a timely manner.

The fixed fee also includes similar monitoring of the processing of any other Government Agency, such as the Department of State/National Visa Center or the Department of Labor. The fixed fee includes our technical support, advice, and review as the client prepares any other applications, affidavits and filings, as well as any associated follow-up correspondence and problem-solving.

Certainly reasonable communications and inquiries from clients throughout the representation in your case is included, too.

My attorney's fees do not cover any Government filing fees. Clients need to pay Government filing fees at the time I file the initial paperwork, by providing my office with a money order, personal or certified check madeout directly to the U.S. Department of Homeland Security (which oversees the USCIS), or the appropriate Government agency assessing the filing fee.

Engaging my firm to represent you is more affordable than you think  
I charge reasonable fees, and unlike many other attorneys, I allow clients to pay in two or three installments, instead of everything "up front."

No matter what, you will pay for the work that needs to be done in order to go through this process successfully. In the end, you can pay in any one of three ways:

1. You can hire and pay for an immigration attorney;
2. You can "go it alone", in which case you will pay with a significant amount of time, effort, stress, and uncertainty not knowing if you have done the filing(s) properly -- and still run a higher risk of "paying" with the delay or denial of your petition; or
3. If you are not willing to pay an immigration attorney and put in the necessary time and effort to do it on your own successfully, you can "pay" by dealing with endless processing delays or even the denial of you case.

How you pay is up to you.

When you consider that what is at stake is your ability to be with your loved one and their ability to immigrate to the U.S., or your immigrating to the U.S. in lawful status, being able to obtain a lawful work permit, or obtaining a nonimmigrant visa, what is the price you place on having your Applications and Petitions handled competently and efficiently?

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