As dramatic as it sounds, the 30-45 minutes that someone spends interviewing their potential immigration attorney may turn out to be the most important conversation of their lives.
During the consultation, the immigrant must evaluate the attorney’s Expertise, Personality, and Responsiveness. If the consultation is properly utilized, the time spent will leave the immigrant with a strong understanding of whether this is the right attorney to take on their case. If the immigrant is not properly prepared for the consultation, does not know what questions to ask or what to look for, they may not get the most out of the consultation—or worse, make a decision they will later regret. That decision may impact the immigrant’s finances, family and future ability to reside in the US.
Therefore, it is critical that an immigrant interviewing their Immigration Attorney knows what to ask and how to prepare. Here are three steps to guide you on your way.
1. Become an educated customer. Just as you would not walk into a parking lot and make an impulse purchase based on the first car that catches your eye, be sure to do your homework on the attorney that you will be interviewing. Be a smart consumer—if you see that the attorney takes full page ads in the newspapers and has a promotional television show, you should realize that those costs are going to be passed down to you, the customer. In conducting your research, you’ll want to find out: 1) Whether the attorney practices many types of law or only devotes their practice 100% to immigration law; 2) Whether the attorney has previous experience working for the USCIS or the government immigration agencies; 3) How long the attorney has been practicing immigration law and whether they are in the peak years of their career; and 4) Whether the attorney offers fixed pricing or only allows pricing on an hourly basis.
2. Bring all relevant documents. In order for your potential attorney to properly advise you, you want to provide them with the benefit of having all relevant information on-hand. This is akin to a doctor being able to see your X-rays in order to diagnose your health. If yours is a family-based case, bring marriage, birth and divorce certifications; for investment and employment-based cases, bring a copy of your C.V., diploma and transcripts. If you have a criminal record, bring your certified court disposition and any proof of rehabilitation; if you are a crewman, bring your I-95; if you are an F-1 or J-1, bring your I-20 or DS-2019; and in all cases, bring a copy of your Passport, US Visa and Form I-94, if available. If your consultation is by telephone, the documents should be forwarded to the attorney prior to the interview.
3. Beware of “Bait and Switch” Tactics. During your consultation, be sure to ask the attorney: “Will YOU be the one working on my case?” Far too often, clients tell me that they were previously seduced by the smooth sales pitch of the Owner of a law firm, but the minute they became a client, their case was reassigned to a junior attorney or paralegal. When they ask to speak to the Owner again, they are told he is “unavailable.” Thus, it is critical that you have a clear understanding of WHO will be the one working on the ‘nuts and bolts’ of your case.
This is important for three reasons: 1) Immigration is deeply personal. During the consultation, trust and confidence are necessary in order to be able to feel good about the relationship. If you never see or hear from the first attorney after the initial consultation, you will be disappointed; 2) During the consultation, you can evaluate the attorney’s personality. Are they kind and empathetic? Are they rushed and uninterested? Do they have a call-back policy?? Are they knowledgeable in answering your questions? Body language, demeanor and communication style are very important; and 3) The third reason you need to speak with THE attorney who will be working on your case from the start is that certain information is discussed and disclosed during the consultation that is critical to the case. You don’t want to one day have a conversation with the new attorney on your case and learn that he is unaware of what was previously discussed.
Coming prepared to the consultation, researching beforehand, and knowing what to ask can make all the difference in the world between positive results in an immigration case or disappointment and frustration.
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Atty. Khurgel is a former USCIS and Department of State Embassy Officer with over ten years of government service and private immigration practice experience. His offices are located in Irvine, California.
