Immigration Attorney Hiring Checklist

Do you want to know everything there is about hiring your immigration lawyer?

I have seen some incredible advocates and some who weren’t so good.

The ultimate goal of this article is to help you understand your immigration proceeding. When you are in the driver’s seat, you will have greater success (and less stress!) in all areas of your case, including choosing the right lawyer.

Let’s review how you should pick your immigration team and what questions to ask.

Hiring an Immigration Attorney

Picking an immigration attorney is one of the most important decisions you will make. Nothing prevents you from switching attorneys. But, choosing the right one from the beginning can make your case go faster. Not to mention that it will also save you legal fees.

Why Should You Know Your Case?

Knowing your case increases your ability to pick the right attorney. Immigration has so many different aspects. When you begin your search for an attorney, it’s essential to know your case. Immigration attorneys focus on different parts of the process.

Look at it this way. You wouldn’t go to a foot doctor when you have a back issue. You would narrow your search to only foot doctors. The same goes for immigration lawyers. Immigration attorneys specialize in business immigration, removal proceedings, and affirmative applications. You want to know which category you fall into and look inside that pool of attorneys.

Below I break it down into three categories:

  1. Is a Judge Involved?

If you answered yes, you are most likely in removal proceedings (infamously known as deportation proceedings). You should focus your search on attorneys who litigate removal hearings, infamously known as deportation proceedings.

2. Do You Need to File Paperwork?

When you file a petition with a government agency (i.e. USCIS), you want to focus your

search on attorneys who affirmatively file immigration petitions and have experience. Some applications include spousal petitions and student visas.

3. Are you or a family member outside the U.S.?

When you live outside the U.S. and need help with a visa to enter, I recommend

searching for experts familiar with the Department of State and with consular

processing experience.

Once you know what type of lawyer you are looking for, there are a few things to consider.

Think Lawyer, Not Notario

Notarios or non-attorneys can promise you the world at a fraction of the price an immigration lawyer would cost. Don’t fall for the gimmick! Even if they helped your cousin’s mother’s friend, and she got her green card within months. You want to ensure that the person responsible for your case can be held accountable for making a mistake. If a notario makes a mistake, you just flushed money down the toilet. Best-case scenario, you have to pay a lawyer to fix their error. At worst, the notario’s mistake can be so severe that it cannot be fixed.

Lawyers are regulated by their state’s bar. They have passed tests and courses to keep their license. An attorney’s license to practice law is public information. Go ahead and look them up here! The most important takeaway is protection. When a lawyer makes a serious mistake, you are protected from their errors.

How Much Will This Cost?

Yes. You need to ask that uncomfortable question!

Attorney fees can rack up quicker than you can pay them back. Especially when a case lasts for years. Sorry, the immigration system is like running through the mud!

Some attorneys offer flat fees. Others charge per hour. Flat prices are better because you know what you will pay. Hourly charges can add up quickly. The method, flat fee or hourly, should be stated in your contract, referred to as a retainer in legal speak.

One more thing, make sure that your attorney sends you monthly bills. Once you get a bill, fight the urge not to look at it. When you see the work they are doing on your behalf and the amount charged, you have the benefit of contesting whether it’s correct or not. In most states, disputing a charge on an attorney’s bill must be done within 30 days. Or else you’re stuck paying it.

That Butterfly Feeling

Having an immigration attorney you can connect with is important. The road ahead may be long and stressful. You want to have an advocate who you trust. Someone who you can speak with and who takes the time to answer your questions – all of them.

The only way to know if this lawyer is the right pick is to ask those tough questions at your initial consultation BEFORE you sign a retainer. Some questions you should ask are:

· Will you be doing the work? Or someone else in the office?

· Will you send me copies of everything you file with a government agency?

· How do you prepare your clients for interviews?

· How will you notify me about what documents I need to get?

An attorney who doesn’t take the time to answer your questions before they have your money won’t do it later.

Expert Tip: Write down your questions before you meet with your lawyer, that way you don’t forget to ask important ones. The time will pass quickly, ask someone to go with you so together you can remember the information provided at the consultation. At the end, ask yourself, did this attorney answer my questions?

If you’ve tried finding an attorney but still feel lost, please know that help is available. I’ve laid out sample questions you can print and take along with you in the questions to ask before hiring an attorney. The best part is it’s free!

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