US CITIZENSHIP

The two most common reasons for immigration into the US permanently are work and family. Obtaining an Immigrant Visa/Green Card can be a difficult and time consuming process. In many cases the success of an individual in obtaining an Immigrant Visa is dependent upon whether he or she seeks the right help.

Choosing a Legal Representative in a U.S. Immigration Matter

Should You Represent Yourself?

U.S. immigration law is very complex and it changes frequently, often weekly.

The Immigration and Naturalization Service, the Department of State, the Department of Labor, Border Patrol, and other agencies involved in the immigration process do not assume the responsibility for educating prospective foreign workers and immigrants. These agencies often believe that their main task is to keep as many people as possible out of the United States. If informal advice is offered (and it rarely offered), such advice is frequently inaccurate or misleading. Unfortunately the INS does not follow a "three strikes and you're out" policy. You are generally excluded on your first try, and on subsequent attempts to cross the border the INS computer will flag you and you will endure a through examination. Possibly, you could find yourself barred from entering the U.S. for years, or permanently.

An immigration lawyer can explain all the options available to you and assist you in making the right choices. Time is money and an immigration lawyer can often get results much more quickly than someone trying to handle the matter on their own. Even if you intend to file an application on your own, you may wish to consult with an immigration lawyer before filing any documents.

Unless you deal with immigration matters regularly, it is doubtful that you will be able work your way through the process without encountering problems. Immigration law can be unforgiving at times and even minor errors in processing or in the interpretation of the substantive law may result in serious consequences. It is no secret that Immigration lawyers charge more for a client who tried doing it himself and failed. The reason is on the second attempt, it must be perfect or the client may risk exclusion.

Should You Hire an Immigration Consultant or a Canadian Attorney for a U.S. Visa or Immigration Issue?

Never hire an immigration consultant for a U.S. immigration case. Immigration consultants are not regulated and are not U.S. lawyers.

Immigration consultants are not permitted to represent clients in U.S. immigration matters. §292.1(a) of the Immigration Regulations (8 CFR) expressly states who is permitted to act as a representative before the Immigration and Naturalization Service. Except where indicate in §292.1(a), no other person or persons shall represent others in any case. §292.1(a) does not refer to paid immigration consultants.

On May 20, 1993, the INS Office of the General Counsel released an opinion letter discussing the unauthorized practice of law and clearly indicated that a visa consultant or any other unauthorized representative may not engage in the representation of persons, as defined in the federal immigration regulations. The letter stated that "the very selection by a visa consultant of a Form I-130 for a client's use could constitute a legal judgment that the client and/or his alien relatives are not eligible to apply for any other immigration benefit(s). An accurate determination of such eligibility requires extensive knowledge of often complex immigration laws and their applicability to individual cases."

Should You Hire a U.S. Immigration Lawyer?

Pursuant to 8 CFR §292.1(a)(1), an attorney who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and who is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law, is permitted to act as a representative in U.S. immigration matters. A U.S. licensed attorney in good standing may act as a representative in all U.S. immigration matters. A U.S. attorney may represent you in choosing the proper documents, appearing before an INS inspector, telephoning an INS representative and most importantly filing and appearing before any court, tribunal or agency in the United States concerning your immigration matter.

Should you Hire a Canadian Immigration Lawyer?

Pursuant to 8 CFR §292.1(a)(6), an attorney, other than a U.S. licensed attorney, who is licensed to practice law and is in good standing in a court of general jurisdiction of the country in which he/she resides, and who is engaged in such practice, is permitted to act as a representative in U.S. immigration matters. However, such an attorney may only represent persons in matters outside the geographical confines of the United States and where the INS official, before whom he/she wishes to appear, allows such representation as a matter of discretion. Furthermore, if you are denied, the Canadian lawyers representation is extremely limited and he will be forced to hire an American attorney to represent you. Save fees, time and aggravation, hire an American attorney.

While Canadian lawyers may represent clients in such cases (assuming that the INS consents to such representation) such a lawyer does not necessarily have adequate training or experience in U.S. immigration law. A Canadian lawyer who only handles an occasional U.S. immigration case may know only slightly more than his or her client.

Guarantees of Success

Stay away from attorneys who guarantee success. Nothing in immigration law is guaranteed. An experienced attorney can provide a good assessment of your chances, but no honest attorney will guarantee a victory. Avoid attorneys who encourage you to misrepresent facts to the government. If your attorney is not ethical in his or her dealings with the government, you can expect that he is not going to be ethical in his or her dealings with you. Besides, the government has an amazing ability to ferret out lies anyway. You should also be weary of lawyers claiming to have connections which get them special treatment. These claims are never true.

A Word of Advice

While most people benefit from hiring an attorney on immigration matters. All persons benefit if the client is informed. Researching the web or buying an immigration self-help book is a wonderful compliment to an attorney-client relationship. A little immigration law homework will help you communicate more effectively with your attorney and may bring up issues which will help and make obtaining your visa faster, simpler and more economical.