Chapter 24 Hiring an Immigration Attorney

• Jurisdiction: United States

The process of immigrating to the United States is one of the most important life experiences many physicians will go through in their lives. Moving countries is usually complex and stressful, and the consequences of failing to plan properly can lead to nightmarish scenarios. It is not a surprise, therefore, that many people turn to immigration attorneys to assist with immigrating.

Amongst the immigration bar, physician matters are considered some of the most complex, and with the exception of doctors entering the country on J-1 visas, it is unusual for a physician or physician employer to proceed without an attorney. And when counsel is sought, many immigration attorneys will refer the case to an immigration attorney who specializes in physician immigration matters.

But how do you decide if you need an immigration attorney? How do you select the right one? There is no exact recipe for addressing these questions. But, hopefully, this chapter will help.

Do you need an attorney?

The adage, “He who represents himself has a fool for a lawyer,” applies to immigration law like many other types of legal matters. Immigration law, particularly American immigration law, is one of the most politically divisive areas of the legal system and it is therefore not surprising that it has grown incredibly dense and is constantly changing. No fewer than three major agencies administer the U.S. immigration system and dozens of other agencies play a role. Many people turn to agencies like the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State to determine how to immigrate to the United States.

Although the concerted efforts by these agencies to provide better information to the public are starting to bear fruit, it could be a grave mistake to rely on government agencies for legal advice relating to immigrating to the United States. Why? Consider the following:

• They have no responsibility or liability for information they provide.

• They are enforcement agencies, and the mindset at these agencies is often to keep out as many people as possible.

• Information officers are frequently not adequately trained in immigration law and do not keep abreast of the latest developments.

• Individual immigration cases differ dramatically, and agencies do not have the resources to properly assess your case and advise you on how to proceed.

Even if you can manage to successfully file the application yourself, your lack of knowledge of U.S. immigration law could lead to mistakes that can be costly in terms of time and money. If you have to hire an attorney later, your mistakes may limit your options. Also, immigration attorneys are likely to charge higher fees to help with correcting mistakes than they would have had they been consulted at the outset.

A good immigration attorney should be able to give you an honest and thorough assessment 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 are in the administrative, legislative, and judicial pipeline at any given time. The attorney can then work with you to prepare your case and represent you in front of the administrative agency handling your petition. Counsel should be able to explain to the government agency why your case meets the requirements of the law, and if problems arise, he or she often has additional resources available to help resolve the issue or can prepare your case for an appeal.

What about people who call themselves “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 if this person turns out to be dishonest or incompetent. The media generally labels these individuals “notarios” and associates them with fleecing low-skilled, lesser-educated...