Accept No Substitutes
In immigration law, only a specialist will do.
At last count, an attorney could develop somewhere between fifty and 100 different specialties—very sophisticated areas of expertise requiring special training and a lot of experience. Among all those specialties, immigration law numbers among the most challenging, because it requires extensive knowledge of both United States and International Laws; and it requires tremendous sensitivity and compassion. Because the INS handles each case on its own merits, immigration specialists develop exceptional skill with arguing each troubled client’s serious and compelling circumstances. And the specialty typically requires command of at least two or three languages—not counting the obscure and specialized language of the law.
Not just any attorney can handle an immigration case. But a well-qualified immigration attorney will analyze and evaluate the specific facts of your case and help you explore all your options. Naturally, the goal is to keep you living and working in the United States and to keep you progressing along the path toward citizenship. An attorney will show you, however, several different courses of action that lead to fulfillment of your goal.
The Courts routinely have refused to get involved in any but the most serious, potentially precedent-setting immigration disputes. The INS retains jurisdiction over all questions of legal residence and citizenship. When you retain an attorney, you no longer have to deal directly with U.S. government officials or agencies; your attorney will represent you in every hearing and negotiation. After he or she meets with INS officials, your attorney will explain your best courses of action and help you make a well-informed choice. Your attorney also will complete your forms, collect supporting documents, and put all of your paperwork together.
As you search for the right immigration attorney to speak on your behalf and make your case, make sure, first, he or she is a member of the American Immigration Lawyers Association, the professional group which “advances the quality of immigration and nationality law practice, and enhances the professional development of its members.” In other words, the AILA trains, informs, supports, and certifies its members. Never settle for a representative who is not an attorney, and never settle for an attorney who does not specialize in immigration and nationality law. If INS cases are just a small part of a lawyer’s practice, you should seek counsel elsewhere.
Finally, politely decline the services of any professional who promises or guarantees results. As in every legal proceeding, your case depends on resolution of many different issues and interpretation of many different details. A lawyer who promises success or who claims to have special influence is either corrupt or just plain lying. An ethical attorney, on the other hand, will tell you the truth about your case, even suggesting you have “a very good chance”; but he she will go no further than an educated guess.
