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HOW TO CHOOSE AN IMMIGRATION ATTORNEY Back to Immigration Information

Deciding whether to hire an immigration attorney is an important decision. Some immigration matters can be relatively straightforward. Many times, however, it is useful to hire an immigration attorney--for three reasons. First, immigration law is one of the most complicated areas of U.S. law (second only to tax law). Second, U.S. immigration law is changing all the time, and it is hard to keep up, even for many immigration lawyers. Third, immigration lawyers can help make sure that your application goes through the immigration bureaucracy smoothly and quickly. However, inquire with the residency program you are joining about the possibility of someone from the system handling immigration for you (big hospitals and universities often have such offices).

If you decide you want to hire an immigration attorney, there are many ways to find a good one. You should do research. Ask your colleagues from the program (they went through the same process just last year or two years ago) about good immigration lawyers (they do not need to be located in the area in which you will be working). Your employer may know of a good immigration lawyer. Many immigration lawyers are members of the American Immigration Lawyers Association (AILA). You can find out whether there are any AILA immigration attorneys in your area by checking the AILA web site at www.aila.org.

Before hiring an immigration attorney, ask the following questions:

  1. Will I be charged by the hour or a flat rate? If by the hour, what is the lawyer's estimate of his or her legal fees to do my case? If by a flat rate, what exactly does that include or exclude? For example, if the original petition is denied and the lawyer needs to file an appeal, will that be included in the flat rate?

  2. How much experience does the immigration attorney have with this particular kind of immigration case? - This information is very hard to get because all of them claim to be very experienced. Like other attorneys, immigration attorneys specialize, and you want to have a specialist in your type of application.

  3. Try to find out the names of some former clients (these may be found in your own program). Then call those clients to find out what they think of the attorney.

  4. An important question is determining who pays the immigration attorney's legal fees. That can depend. In business visa cases, sometimes the employer will pay. Sometimes the foreign national will pay. Sometimes they will split the fee.


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