Chapter 6 How and when to Find a Lawyer

• Library: U.S. Immigration Made Easy (Nolo) (2023 Ed.)

CHAPTER 6 How and When to Find a Lawyer

A. When Do You Need a Lawyer?

B. Where to Get the Names of Good Immigration Lawyers

C. How to Avoid Sleazy Lawyers

D. How to Choose Among Lawyers

1. Familiarity With Cases Like Yours
2. Client Rapport
3. Access to Your Lawyer
4. Explaining Services and Costs

E. Signing Up Your Lawyer

F. Paying Your Lawyer

G. Firing Your Lawyer

H. Do-It-Yourself Legal Research

1. The Federal Code
2. USCIS and State Department Regulations and Guidance
3. Online Information
4. Court Decisions

You are not required to have a lawyer when applying for a U.S. visa or green card. If you have a straightforward case, you might be able to proceed successfully without one. In fact, if you are outside of the U.S., lawyers cannot attend consular interviews with you, though they are allowed to prepare the paperwork and handle follow-up communications with the consulates.

However, there are many times when a lawyer's help can make a big difference in your case and be well worth the money. Because immigration law is complicated and ever-changing, even a seemingly simple case can suddenly become nightmarish. In this chapter, we'll explain:

• when applicants typically should consult an attorney (Section A)
• how to find suitable counsel (Sections B, C, and D)
• how to hire, pay, and (if necessary) fire your lawyer (Sections E, F, and G), and
• how to do some legal research on your own (Section H).

CAUTION

If you are, or have ever been, in deportation (removal) proceedings, you must see a lawyer. If the proceedings aren't yet over or are on appeal, your entire immigration situation is in the power of the courts—and you are not allowed to use most of the procedures described in this book. Even if the court proceedings are over, you should ask a lawyer whether the outcome blocks or otherwise affects your current application.

A. When Do You Need a Lawyer?

The most common legal problem encountered by would-be immigrants is the claim by USCIS or a U.S. consulate that they are inadmissible for one or more of the reasons listed in Chapter 3, such as having spent time in the U.S. unlawfully, committed a crime, or previously lied to the U.S. government. If you know that any of these grounds apply to you, it makes sense to get legal help before you begin the application process.

Another important role for lawyers is helping explain your case to U.S. immigration authorities. As you read the various chapters of this book, you'll find that the eligibility criteria for U.S. visas and green cards tend to be quite complicated. Depending on your situation, you might, for example, be trying to convince an immigration officer that you have no secret plans to stay in the U.S. permanently; are getting married for love, not for a green card; fled your country because you received verbal death threats that were political, not personal; or are an acknowledged expert in your field, and deserve to work in the U.S. as a result. You'll be required to submit various documents to prove such things, which an attorney can help you choose and prepare.

Also, an experienced immigration attorney will often add an item that's not required—a cover letter or memo explaining what all the evidence adds up to and making clear how your case fits within strict legal requirements. Such written materials are difficult to produce if you are not experienced in immigration law. And the lawyer might also be able to argue some of these points in person—for example, at your green card interview.

Yet another circumstance that lawyers can help with is the failure of USCIS or the consulate to act on or approve your application, for reasons that have more to do with bureaucracy than law. For example, an applicant who moves from Los Angeles to San Francisco after filing a green card application might find that the application has disappeared into a bureaucratic black hole. Delays at USCIS service centers are also ridiculously common.

Lawyers don't have as much power as you—or the lawyers—might wish in such circumstances. True, they might have access to inside communication and inquiry lines, where they (and only they) can ask about delayed or problematic cases—but even lawyers often have trouble getting answers to such inquiries. An experienced lawyer might have contacts inside USCIS or the consulate who can give information or locate a lost file. But these lawyers can't use this privilege on an everyday basis, and long delays are truly an everyday occurrence.

The bottom line is that a lawyer in most cases has no magic words that will force the U.S. government into taking action. So, if the only help you need is with repeatedly calling or writing to USCIS or the consulate until they come up with an answer, you'll have to decide whether it's worth it to pay a lawyer for this.

A very important time to hire a lawyer is if you are applying for something where you'll lose your rights if USCIS or a consulate doesn't act quickly. For example, diversity visa lottery winners must get the immigration authorities to approve their green card before the supply has run out and before the end of that fiscal year, or lose out completely.

Similarly, an immigrating child about to turn 21 might, in certain circumstances, lose rights or be delayed in the immigration process. A good lawyer will know the latest tactics for alerting USCIS or the consulates to such issues.

SEE AN EXPERT

Don't rely on advice by USCIS information officers. Would you want the receptionist in your doctor's office to tell you whether to get brain surgery? Asking USCIS information officers for advice about your case (beyond basic procedural advice such as where to file an application and what the fees are) is equally unsafe. The people who staff USCIS phone and information services are not experts. Also, it's not unheard of to get different answers to the same questions when calling USCIS. USCIS takes no responsibility if their advice is wrong—and won't treat your application with any more sympathy. Even following the advice of officials higher up in the agency might not be safe. Always get a lawyer's opinion.

Finally, a good time to consult with an immigration lawyer is when you've researched the law and feel like you have no hope of getting a U.S. visa or green card. Before giving up, it's worth checking with a lawyer to make sure you haven't missed anything. This is particularly true if you have some urgent reason for needing to come to or stay in the United States—for example, you developed a serious illness while visiting the U.S. and might die if transported home. Some unusual (and hard-to-get) remedies, with names like "humanitarian parole" and "deferred action" could help you. However, you'll definitely need a lawyer's assistance to apply for and obtain these remedies. We don't cover them in this book.

B. Where to Get the Names of Good Immigration Lawyers

Finding a good lawyer can involve a fair amount of work...