HOW TO CHOOSE AN IMMIGRATION ATTORNEY
by Stephen Yale-Loehr

Deciding whether to hire an immigration attorney is an important decision. The first issue is whether you need an immigration attorney. 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, perhaps second only to tax law in its complexity. 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.

If you decide you want to hire an immigration attorney, there are many ways to find a good one. The best way to do so is to be a smart consumer. Just as you would ask around and do research before seeing a doctor or buying a car, so too you should do research before hiring an immigration lawyer. Ask your friends and colleagues if they know any good immigration lawyers. If you work for an employer, he or she 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 on 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 the matter is by the 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? Like other attorneys, immigration attorneys specialize. Some specialize in asylum, removal cases, or business immigration matters. You do not want an immigration attorney who specializes in asylum cases to be handling his or her first business visa application on your behalf.

3. Ask the attorney for references from satisfied clients. Then call those clients to find out what they thought of the attorney.

Another 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 both will split the fee. Remember that even if the employer pays, you are also the attorney's client.

In sum, deciding whether to hire an immigration attorney, and then finding the right one for your case, is a big decision. However, by asking the proper questions and doing some research, you can find a good attorney to help steer your way through the maze of U.S. immigration law.

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Biographical information: Stephen Yale-Loehr teaches immigration and refugee law at Cornell Law School in Ithaca, New York. He also practices immigration law at Miller Mayer, LLP in Ithaca (www.millermayer.com). He also is the co-author of Immigration Law and Procedure, a 20-volume treatise on U.S. immigration law. For more information, contact Mr. Yale-Loehr at syl@millermayer.com.

Please note: This article is provided for general informational purposes only, and does not constitute legal advice for specific cases, which should only be obtained from an attorney. Copyright 1999 Miller Mayer, LLP.

For further information on these or any other immigration issues, please contact Miller Mayer, LLP.