How to Hire an Immigration Attorney
Immigration Immigration Deportation
Summary: What questions to ask before hiring an immigration attorney to assist you with your case.

HOW TO HIRE AN IMMIGRATION ATTORNEY
Selecting an attorney is a very important decision that an immigrant will make. Unlike Criminal Courts, Immigration Courts do not provide free legal assistance. Whether you are detained or undetained, documented or undocumented, in or out of status, inspected or uninspected, you should do your homework before hiring an immigration attorney. Before you pay any legal fees or sign an engagement letter, you should research and interview an immigration attorney. Here are some suggested questions you should consider asking a prospective immigration attorney:
Are you a member in good standing with The Bar?
Members of a State Bar are in good standing if those persons
licensed to practice law in a particular state have paid annual
membership fees or dues for the current year and who are not retired, resigned,
delinquent, inactive, or suspended members. For immigration law, an immigration
attorney need only be a member of any state bar and not necessarily the local
state bar. Immigration law is a federal practice.
Do you have malpractice insurance?
The law does not require attorneys to have malpractice insurance. There are different types of legal malpractice insurance. The insurance company may defend the covered attorney against a victim's claims. Or the insurance company may pay the client if the attorney is found guilty of malpractice.
What if a lawyer does not have legal malpractice insurance?
Then it is possible that victims of legal malpractice may not have legal or financial recourse against the lawyer who committed legal malpractice.
Are you a member of AILA?
The American Immigration Lawyers Association (AILA)
is the national association of more than 14,000 attorneys and law professors
who practice and teach immigration law. AILA member attorneys represent U.S.
families seeking permanent residence for close family members, as well as U.S.
businesses seeking talent from the global marketplace. AILA members also
represent foreign students, entertainers, athletes, and asylum seekers, often
on a pro bono basis. Founded in 1946, AILA is a nonpartisan, not-for-profit
organization that provides continuing legal education, information,
professional services, and expertise through its 39 chapters and over 50
national committees. (see www.aila.org)
How long have you been practicing immigration law?
An experienced attorney can deal more effectively. Some attorneys are
better than others for many reasons. But one of the main reasons is
due to experience. This is what separates the good from the great.
Ultimately, the client reaps the benefits from an experienced and skilled
attorney. This case involves your life and your money. The outcome
of your future rests in the hands of an attorney you choose. Do not take
this decision lightly. No two cases are the same no matter how many
friends you talk to or how much you Google your case. There is no one
size fit all in immigration law.
Do you only practice immigration law?
Some
attorneys dabble in different areas of law. "Jack of all trades,
master of none" is a figure of speech used in reference to a person
that is competent with many skills, but spends so much time learning each new
skill that they can not become an expert in any particular one
(Wikipedia). It is ok to ask an attorney about their educational and
professional background and credentials if it is not available on their
website or email signature.
Have you worked on similar immigration cases?
An attorney who has been successful working on a case that is
similar to yours is a great start to an attorney client
relationship. Again, no two cases are alike. However, having
an experienced attorney working on your case can make a great deal of
difference.
What is the immigration process?
This is where the client gives the facts of the case to try to
understand what lies ahead. An attorney will provide a road map to a
destination. The attorney should begin with a starting point and finish
at a successful ending. The client and attorney should provide their
expectations. The attorney will decide if this is a typical or
complicated case.
What are my chances of Success?
An
experienced, reputable attorney will have a good idea what’s ahead and won’t
make promises that can’t be kept. An attorney should not make any guarantees as
to an outcome. If it sounds too good to be true, then it might be.
Follow your instincts.
What is my part in the immigration process?
The client should bee a good team member. The client is
responsible for providing requested documents in a timely manner to the
attorney. Delays in providing any requested materials may delay your case
and cause the attorney to run close to meeting a deadline. Also, it is
helpful when a client is truthful no matter the facts.
What are the processing times for my case?
The government provides processing times on their websites.
But these are not always accurate. It depends upon the manpower of the
government agency in order to meet these timelines. It is very difficult
to have a precise idea as to the processing times of an immigration case.
However, an experienced attorney can provide a rough estimate of what your case
timeline may look like. You also can check on your case status directly with United States
Citizenship and Immigration Services.
Who will be working on my case?
An attorney may hire support staff to assist with an
immigration case. Do not be afraid to ask about any paralegals,
investigators, researchers or even secretaries that will be assisting the
attorney. If translation is needed, ask attorney if they provide these
services as well.
What is the best form of communication?
The attorney should ask the client when is the best time and what
is the best method to communicate with them about their case. Ask the
turnaround time for returned phone calls or emails. You want an attorney
who does not ignore your communication but who provides prompt attention to you
and your case.
How much?
Do not be afraid to ask an attorney how they earn their legal
fee. Also, ask what type of payments do they accept. Some attorneys
may even accept installments.
If you have more questions or would like to inquire about hiring an immigration
attorney at The Thanyachareon Law Firm, please email us at info@ThanyachareonLaw.com.
For more information, visit these websites:
http://www.forbes.com/2008/10/08/hiring-legal-help-ent-law-cx_rb_1008bovarnickhire.html
http://hirealawyer.findlaw.com/choosing-the-right-lawyer/interviewing-a-lawyer.html
https://www.consumer.ftc.gov/articles/0180-hiring-lawyer
https://www.legalzoom.com/articles/when-to-hire-a-lawyer