How to Find the Right Immigration Attorney
It is important to find the right attorney to handle your immigration case. There are plenty of stories about unscrupulous individuals who prey on immigrants, and the legal profession is not immune from those problems. Some people who prey on immigrants are not lawyers but give the false impression that they are attorneys. They are “notarios” or individuals who speak a foreign language and who may have some basic knowledge of the immigration law system. These non-lawyers often (but not always) charge less than an immigration attorney charges in fees. The problem is that non-lawyers often mishandle an immigration case, may take a fee but do no work at all, may disappear and be impossible to locate, or may damage an immigrant’s case and cause a deportation or loss of legal status.
There are also some attorneys who behave unscrupulously and who may encourage an immigrant to be dishonest in an immigration application. Some lawyers will go so far as to have their clients lie to immigration officials. Deceptive and illegal tactics do not help the immigrant, as the truth eventually is discovered by immigration officials. In the end, deceptive and illegal tactics usually cause an immigrant to become permanently barred from obtaining legal status.
Finally, consider the group of attorneys who simply do not have the expertise to handle an immigration case. Immigration law can be complex. Good immigration attorneys devote a great deal of time and effort to stay current with changes in immigration law and to understand immigration rules well enough to assist immigrants effectively.
As an Indianapolis immigration attorney, I encourage immigrants to consider these basic things before hiring someone to help with an immigration law matter:
- Is my case important enough to hire a competent attorney? Am I serious about correcting or changing my immigration status? If so, be prepared to hire a good immigration attorney.
- Am I talking to a “notario” or a true licensed lawyer? You can check with your state court administrator to see if your lawyer is licensed in your state. In Indiana, you can check the Indiana Supreme Court Roll of Attorneys.
- A “notario” cannot speed up the processing of your case. Nor can a lawyer. Don’t fall for promises that cannot be kept. An experienced immigration attorney can minimize the risk that you will be issued a Request for Evidence (RFF) or that you will have your paperwork rejected, or otherwise delayed. Hiring the right immigration lawyer is the best way to avoid problems with your case.
- If you have any criminal history or a history of violations of immigration law, you need an attorney experienced with immigration law. A good attorney will always ask you for information about your criminal record and prior dealings with immigration officials, as these matters can greatly impact your case.
- Ask the attorney how much of her law practice and time is spent on immigration matters. Determine how many cases like yours the attorney has handled. Ask friends, family and others in the community for referrals to good attorneys they have used. Ask others you trust about the attorney you plan to interview, visit or hire. Reputations spread quickly, so you will know whether an attorney will treat you fairly and do a good job by asking others.
- Hire an attorney who is an active member of the American Immigration Lawyers Association (AILA). The AILA is a professional trade association dedicated to fostering professionalism among immigration law attorneys.
Tiffany U. Vivo is an Indianapolis immigration lawyer. She also practices family law. Ms. Vivo appears before the Immigration Court (EOIR), the United States Citizenship & Immigration Service (USCIS), the Board of Immigration Appeals (BIA) and state and federal courts in Indiana and Illinois. She is a member of the Indiana State Bar, the Indianapolis Bar Association, and the national and local chapters of the American Immigration Lawyers Association (AILA).