THE 30-45 minutes that a person spends interviewing their potential immigration attorney may turn out to be the most important conversation of their lives.
Duringa 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 their case and whether this is the right attorney to take on the 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.
Before heading out for that initial consultation with the attorney, here are three steps to guide you on your way:
1) Become an educated customer. Be sure to do your homework with regards to the attorney that you will be interviewing. 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 worked in the specific type of immigration matter that concerns you; 3) Whether the attorney has previous experience working for the USCIS or the government immigration agencies; 4) How long the attorney has been practicing immigration law; and 5) 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 employment-based cases, bring a copy of your C.V., diploma, academic transcripts, and professional licenses; for investment matters bring documentation related to the establishment of your enterprise, tax returns or bank statements, as applicable; 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. This is a small, but key sampling of relevant documents.
3) Know what questions to ask. One of the most important aspects of the consultation is feeling comfortable and confident with the attorney you are interviewing. To that end, during your consultation, be sure to understand whether the attorney you are speaking with will be the one actually working on your case, or whether the case will be delegated to a junior attorney or paralegal.
It is important that you personally know the attorney that will work on your case 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?; and 3) The third reason you need to meet with the attorney who will actually be working on your case is that certain information is discussed and disclosed during the consultation that is critical to the case. You wouldn’t want to have a conversation in the future with the new attorney on your case and learn that he is unaware of what was previously discussed before the case was opened.
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.
