Why Hire AILA Lawyers

Should You Represent Yourself?

Although it is sometimes possible to represent yourself in simple U.S. immigration matters, even in such cases, professional representation is advisable.  Many people mistakenly belief that immigration law is just "form filling".  In fact, the field of U.S. immigration law is quite complex and it changes frequently.

As a general rule, the Immigration and Naturalization Service, the Department of State, the Department of Labor and other agencies involved in the immigration process do not assume the responsibility for educating prospective immigrants.

These agencies often believe that their main task is to keep as many people as possible out of the United States. If informal advice is offered (and it is rarely offered), such advice is frequently inaccurate or misleading.

Even relatively simple matters involving immigration issues can become problematic.  An immigration lawyer can explain all the options available to you and assist you in making the right choices.  He or she can also deal with your case more effectively and efficiently than you probably could.  Time is money and an immigration lawyer can often get results much more quickly than someone trying to handle the matter on their own.  Even if you intend to file an application on your own, you may wish to consult with an immigration lawyer before filing any documents.

Unless you deal with immigration matters regularly, it is doubtful that you will be able work your way through the process without encountering problems. Immigration law can be unforgiving at times and even minor errors in processing or in the interpretation of the substantive law may result in serious consequences. Immigration lawyers are often hired by people who attempted to file petitions themselves but failed for a variety of reasons.  Legal fees often end up being higher in such cases. 

Should You Hire an Immigration Consultant?

Never hire an immigration consultant for a U.S. immigration case.  It is unfortunate that many people still equate the term "immigration consultant" with "attorney".  Immigration consultants are not regulated.  They therefore require no training or experience as a prerequisite to calling themselves immigration consultants.  
Most Canadians are aware that immigration consultants are permitted to act in Canadian immigration cases.  This is because the Immigration Act (Canada) does not preclude the use of non-lawyers as representatives.  The problem arises when Canadians retain immigration consultants in Canada for their U.S.  immigration cases.  They do not realize that immigration consultants are not permitted to represent clients in U.S. immigration matters. 

§292.1(a) of the Immigration Regulations (8 CFR) expressly states who is permitted to act as a representative before the Immigration and Naturalization Service.  Except where indicated in 8 CFR §292.1(a),  no other person or persons shall represent others in any case.  8 CFR §292.1(a) does not refer to paid immigration consultants.   
On May 20, 1993, the INS Office of the General Counsel released an opinion letter discussing the unauthorized practice of law and clearly indicated that a visa consultant or any other unauthorized representative may not engage in the representation of persons, as defined in the federal immigration regulations.  The letter stated that "the very selection by a visa consultant of a Form I-130 for a client's use could constitute a legal judgment that the client and/or his alien relatives are not eligible to apply for any other immigration benefit(s).  An accurate determination of such eligibility requires extensive knowledge of often complex immigration laws and their applicability to individual cases."

Choosing an Immigration Lawyer

Pursuant to 8 CFR §292.1(a)(1), an attorney who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and who is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law, is permitted to act as a representative in U.S. immigration matters. In other words, a U.S. licensed attorney in good standing may act as a representative in U.S. immigration matters. However, the mere fact that a lawyer has a license to practice law in the United States does not mean that he or she is competent to represent you.

Pursuant to 8 CFR §292.1(a)(6), an attorney, other than a U.S. licensed attorney (in other words, a Canadian attorney), who is licensed to practice law and is in good standing in a court of general jurisdiction of the country in which he/she resides, and who is engaged in such practice, is permitted to act as a representative in U.S. immigration matters. It is important to note that such an attorney may only represent persons in matters outside the geographical confines of the United States and where the INS official, before whom he/she wishes to appear, allows such representation as a matter of discretion. While Canadian lawyers may represent clients in certain U.S. immigration matters, subject to the above limitations, not all Canadian lawyers have adequate training or experience in U.S. immigration law.

It is therefore important to ask the attorney if he or she is a member of the American Immigration Lawyers Association ("AILA"). AILA membership usually indicates that the attorney devotes a reasonable amount of his or her practice to U.S. immigration law. Although AILA membership does not necessarily mean that a lawyer is competent in the area of U.S. immigration, the absence thereof may suggest that your attorney lacks sufficient expertise.