What to know about working with an immigration lawyer

There are a lot of reasons that you might need to speak with an immigration lawyer. They can be a valuable resource to you, but before you hire someone, you might want to know what to expect.

You could have a relatively straightforward situation you need help with, or on the other hand, you could have a more complex question, such as whether you can bring your stepchild to the United States.

Regardless of your particular situation, the following is a guide to working with an immigration lawyer and what to know and expect.

What is an immigration lawyer?

An immigration lawyer or attorney is someone who specializes in helping interpret the United States immigration laws, which are complex. They can help you learn more about your rights, the possibilities that are open to you, and the strategies that could work best.

Even a minor mistake on a green card or visa application can lead to potential delays lasting years. Mistakes can also lead to denials or deportations.

Immigration attorneys can prepare much of the paperwork throughout your process on your behalf or, if applicable, your employer’s behalf. They can help you get organized to determine the things you need to get on your own, like birth certificates or proof of a valid marriage.

When you present information to the government as you’re filling out forms, preparing statements, and giving testimony, your attorney makes sure that it’s correct and consistent.

A lot of the applications you have to complete in various immigration processes in the U.S. are based on the representative feeling your story is truthful and believable, so if you were to accidentally put down inconsistent information, it could create major problems.

Attorneys with experience in immigration can also set your expectations because they know what the process tends to look like. They can help minimize delays but also prepare you for the inevitable.

The last thing you want in an already cumbersome and long process is a delay due to a legal technicality.

Specific situations where it can make sense to hire an immigration attorney include:

• You’re dealing with questions about your eligibility for a green card or other types of immigration benefits. Along with answering questions you already have, a lawyer is going to help you identify opportunities you might not even otherwise know about.
• You’re facing deportation. If you’re facing deportation or removal proceedings, you should get in touch with a lawyer as soon as possible.
• If you’re an immigrant and you’ve been accused of a crime, or you’ve committed one, you may need an immigration lawyer.
• A lot of entrepreneurs who want to invest in the United States apply for investor visas like an EP-5 or EB-2. In these cases, working with an immigration lawyer can help you make sure you prepare your documentation properly throughout the process.
• If you’re coming to the U.S. to work, an immigration lawyer can help you and your employer.
• People who are seeking asylum or discretionary relief might work with an attorney to avoid being removed from the U.S.
• Another instance where a lawyer can be helpful is if you’re being deported already and you want to come back to the United States.
• You got government assistance while in the U.S., or you’re worried you could be inadmissible for another reason.
• You’ve already had an immigration application denied in the past.
• Contacting an attorney can be helpful if you’re not sure about your general eligibility for a green card or some other type of immigration benefit.

How much will an immigration lawyer cost?

Immigration lawyers aren’t necessarily cheap, but they’re not the highest-paid lawyers either.

They realize that it can be difficult for their clients to work in the United States, and they often base their fees on that understanding.

A lot of immigration lawyers, as such, will charge a flat fee for their services instead of an hourly rate.

As a client, this flat fee model is going to be beneficial to you because even if your case takes a long time and is highly complex, you’re not paying extra for the work that has to be done.

For an initial consultation, most attorneys charge a fee of anywhere from $100 to $400.

Some lawyers will provide a free consultation.

Then, if you actually begin working with an attorney, their fees depend on what type of situation you have and also what part of the country you live in.

For example, if you’re in deportation or removal proceedings, an attorney could charge you as little as $1,500, but if your case is complex, it could be upwards of $10,000. If you have to appeal a case, then you’ll pay more.

For attorneys charging an hourly fee, it’s usually between $150 and $350.

An application for a work permit might cost $300 to $600, and a family-based green card petition could run from $800 to $3,000.

A lawyer’s fees for an asylum application could be $1,000 to $6,000.

So is it worth it?

There are some big reasons the costs of an immigration attorney are often well worth it.

First, the application process for visas and family based petitions is complex. The second reason that, if possible, to pay for an attorney you should is that there’s an increasing trend of deportation or detention.

Estimates show working with an attorney can save four to eight weeks of processing time, and your lawyer can prepare you for interviews, which significantly reduces the risk of a rejection in the final stages of your application.

What if you can’t afford an attorney?

Some people simply don’t have the money to pay an attorney, but they still need legal assistance.

There are a few options available to you here.

First, you could find someone who will share the work with you. You could pay your attorney hourly just for the tasks you most need help with. For example, you might have them review a document or come to an interview. Then, you could do most of the follow-up work to save money.

You might also explore nonprofits that help people who are in the midst of immigration cases. Some of these will provide free services, or they might charge a reduced rate.

What happens at an initial meeting?

If you think it’s worth it to pay the costs of an immigration attorney, you’ll probably want to meet with a few before you choose someone to represent you. You want to make sure the person is experienced with your specific type of case.

Some immigration attorneys specialize, for example, in asylum, others in deportation, and then some will focus on business immigration issues.

Once you do decide on someone, the majority of immigration attorneys will charge a flat fee to meet and speak with you.

At that initial meeting, they’ll go over whether they can help you and, if so, what to expect during that process.

During your initial consultation or meeting, bring any of your documents that could be relevant to your situation with immigration. This might include your passport, visa, I-94, criminal conviction records, and notices you could have received from immigration authorities.

The lawyer will probably ask you a lot of questions, and they’ll be taking notes while you answer.

Then, they’ll let you know what their advice is on how you should proceed and whether you should get any additional documents.

During this meeting, you want to be as open and transparent with your attorney as possible so that they fully understand every aspect of your situation. You also want to give them all pertinent information, so there are no surprises down the road.

Your attorney is required to keep your information confidential, but they aren’t required to lie on your behalf.

As you’re choosing an immigration lawyer, along with price, a few other considerations to keep in mind are:

• Consider quality. Remember, the most expensive attorney isn’t necessarily the best. In fact, there are plenty of situations where this isn’t true at all. At the same time, if your only priority is cost, then you might not get the best representation either.
• Try to get personal referrals. If you know anyone, such as family, friends, or coworkers, who has gone through anything requiring an immigration lawyer, they can be a good starting point to find someone who could work for your needs. Word-of-mouth tends to be the optimal way to find a lawyer that’s a good fit for you.
• When you have a few attorneys in mind, make sure you go over their credentials and understand their experience.
• Ask for references when you sit down for a consultation. A good attorney will be able to provide you with a list of their past clients who would be more than happy to provide a reference.

Finally, you need to be comfortable with your attorney. It could be that there’s a great attorney with stellar credentials, but you don’t feel comfortable with them. In that case, keep looking because you need to feel comfortable to be able to share details of your situation.

Story by Susan Melony