“ Most attorneys practicing Immigration Law offer “free initial consultations,” or charge a nominal fee for such service to prospective clients. People taking advantage of “free” consultations; however, often walk away with a “new case” but no idea as to what the attorney has agreed to do for them or how.”
LIKE taking care of one’s health, taking care of one’s immigration status is one of the most import issues facing a foreign national and his family in the US. Without legal status, one simply cannot function in American society. The right to work, operate a vehicle, reside with immediate family members and a host of other benefits and privileges are contingent on immigration status in this country. For these reasons, deciding which immigration attorney to hire is perhaps the most importance decision facing a foreign national seeking the best in life for himself and his family in the US.
Most attorneys practicing Immigration Law offer “free initial consultations,” or charge a nominal fee for such service to prospective clients. People taking advantage of “free” consultations; however, often walk away with a “new case” but no idea as to what the attorney has agreed to do for them or how. The problem? The lawyer does not listen. The basic rule of effective communication is listening. As an attorney, the ability to listen is the only way to truly understand a client’s goals and means of attaining them. Astonishingly enough, thousands of clients go through life day-to-day without any idea as to the status of their legal case.
Since there is so much information floating around these days, both good and bad; and so many attorneys purporting to practice immigration law, the first order of business is to create a shortlist of qualified attorneys with whom to consult. The Internet offers an abundance of information. For example, websites such as www.aila.org and www.calbar.org provide basic information about an immigration attorney’s experience, competency and any record of discipline in California. Start here and then make phone calls. An attorney’s paid-for advertising or media presence should be taken with the same grain of salt as one would take a late-night TV commercial: They are trying to sell something that may not be the best for the buyer and may not even be what the buyer actually needs. There is no substitute for due diligence and exercising independent judgment.
In a world of increasingly complicated rules governing immigration and naturalization procedures, people seeking a benefit from the USCIS or defending a deportation case should make sure they understand exactly how their attorney will handle their cases. In the vast majority of consultations I conduct where the client has a case pending through another lawyer or “immigration paralegal,” the client has absolutely no understanding of the law, or the procedures that are to be undertaken to successfully obtain the immigration benefit sought. Many times, this is the reason the individual seeks a “second opinion.” Unfortunately, thousands of people leave their fate up to the vague reassurances of their attorney, without ever receiving proper consultation on the rules that apply to their cases, or how they can assist in presenting evidence favorable to their cases.
As in any legal analysis, the first step is to identify the issue or issues that may prevent or hinder a client from obtaining the benefit he seeks. Rarely are there “no issues,” such that “no problem” will arise in the case. Of course, in order to identify potential issues, an attorney must not only understand the law, but must take the time to sit down with the client to make sure the representative understands completely the facts of the client’s case. This includes figuring out where in the process a particular case has confronted or will confront a problem.
Only once the facts of a case have been adequately marshaled can an attorney properly consult a client regarding the probable outcome of a case. The lawyer or representative will not even be able to identify the correct rule of law without fully exploring the entire factual background. Once an attorney has correctly identified the issues and rules, he must then apply the facts of the case to the rules. This is the only logical manner in which to reach a valid conclusion regarding strategies and potential outcomes of a given case. Proper legal method requires that an attorney spend the time with the client to gain a complete understanding of the facts, and analyze the case.
In any case, there are always facts that are unclear or more than one rule which may apply. These circumstances leave room for creative legal argument, but also potential problems that the attorney must disclose to the client. Sometimes, the client may hear things that he does not want to hear, however, that client is better off knowing the truth. Relying on an attorney’s self-promotional pronouncements as to his ability or experience “as seen on TV” is an enormous mistake, as these are no substitute for legitimate understanding of one’s case and the difficulties to be overcome.
Choosing the right immigration attorney is a decision that can bring lifelong benefits. Choosing the wrong one cannot only destroy a person’s bank account, it can prevent him from reaching the goals he has set for himself and his family in the US. Choose wisely.
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Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon Law Group, PC, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; Tel. No. (626) 585-8005. Hanlon Law Group, PC is a “full-service Immigration Law firm.” E-mail: [email protected] and www.hanlonlawgroup.com.
