Community Discussions
Explore the latest discussions and community conversations related to this domain.
Advice from an Immigration Attorney: ALWAYS USE AN ATTORNEY
Main Post:
This post may seem very self-serving due to my profession, but felt the need to post this because I have been seeing a lot of potential clients coming to my practice after having used a "notario" to file their applications.
"Notarios" (Non-Attys providing immigration services), are everywhere. They are very popular for immigrants because they are cheap. However, with these guys you get what you pay for. Most do not have the knowledge to properly file many cases such as VAWA, U and T Visas, I-601/I-601A/I-212 Waivers, Asylums, and complex family petitions. They may be able to file an N-400 for someone since those are relatively simple, but applicants cannot afford mistakes under the current administration.
USCIS recently released a policy memorandum stating that USCIS will start issuing Notices to Appear (the document that initiates removal proceedings) when they deny a removal immigrant's application if you are out of status. USCIS has always had the authority to do this, but chose not to. This is no longer the case. If you hire someone who doesn't have the experience/knowledge and they mess up your case, you are at risk of being placed in removal proceedings.
I have taken over 150 consults so far this year. Around 30 or 40 have come to me with Requests for Evidence (RFE) or Notices of Intent to Deny (NOID) from applications filed by a "notario" wanting an explanation on what went wrong. Usually, the notario had them apply for something they were not eligible for like asylum, AOS, or N-400. A lot of these guys tell unsuspecting immigrants that they will get them a work permit, but not telling them that they are doing so by filing for asylum and risking placing them in removal proceedings and possible misrepresentation issues in the future.
Protect yourself from these people. Always hire an attorney and read their reviews. I understand that the cost of an attorney can be a huge barrier for many, but the consequences of messing this up are life changing.
Lastly, those with TPS should speak to an attorney ASAP. The policy memorandum states that if the DHS terminates a country's TPS designation, certain former beneficiaries who have been granted TPS, but do not have other lawful immigration status or authorization to remain in the US, become subject to removal. USCIS should work with ICE and CBP to issue NTAs to former TPS beneficiaries. Given what we have seen with Venezuelan TPS and Haitian TPS, I fully expect the Trump Admin to terminate TPS designation for most, if not all, countries. There are possible options for people with TPS like leaving on Advance Parole/TPS travel doc and reentering thus giving you an admission for AOS purposes if you have USC children or spouse.
Top Comment: If I can add something, also make sure you are using a VERY reputable attorney. We have been burnt by an attorney who was licensed but absolutely reckless and I am not saying this out of spite. Really, carefully choose your attorneys.
My experience using an immigration lawyer
Main Post:
Hello everybody I just wanted to share my experience using an immigration lawyer for my sponsorship application. I could probably have done the application myself but after doing my wife's TRV and getting rejected because it wasn't completed well on my end, I decided to go that way.
Lawyer in total costed me a bit over $7500, which to me seems pretty high. The fee was $5000 + services rendered. It was nice to have the support from a professional firm and answer all my questions and needs. If I could do it again I wouldn't pay that much.
My application was submitted in December for Outland spouse sponsorship and the response time is about a year so let's see how it goes.
How was your experience with using an immigration lawyer or if you did it yourself?
Edit: 11 months or so later my wife got her PR and she will be landing next week.
Top Comment: Did it myself, got my aor after a month, i applied my trv as well, and landed after one month. Got approved after 5days. This is in july2023. Save us a lot of money. I just joined some legit spousal diy fb groups, and videos on youtube, read a lot in the ircc website.
Why Do So Many People Have Mediocre Experiences with Immigration Attorneys?
Main Post:
I’ve noticed a recurring theme among folks navigating the immigration process: a surprising number report bad to average experiences with their attorneys. A few common complaints seem to pop up, like lack of transparency, poor communication, or feeling like they’re in the dark while the attorney works on their case.
Is this just a widespread perception, or is there something about the immigration legal system that makes it difficult for attorneys to provide clarity and better service? Are there structural reasons, or is it a matter of finding the right lawyer?
Would love to hear your stories—both good and bad—and any insights into why this might be the case. Let’s talk! 👇
Top Comment: There is probably a combination of reasons. There are no doubt many immigration attorneys who are just interested in taking money. However, I think a lot of it has to do with expectations. Many people seeking help are not common consumers of legal services, and they do not understand how much legal services cost. They expect things to cost a few hundred dollars, and they don't. Also, many people want a certain outcome, and it that doesn't align with the law. Many people posting here are upset that there isn't an easy pathway for their mother or their cousin who entered illegally to normalize. They want their bf/gf who has no in demand skills to be able to live in the US when they "aren't ready for marriage". They want felonies to not count against them.
So, what now? An immigration attorney perspective
Main Post:
(Before I begin, I kindly ask that I not be DM'd for consultations. I am happy to provide firm or probono recommendations via DM, but nothing more).
Hi all,
Using a throwaway. I have been lurking here for a while without commenting anything, but I feel like I need to give my two cents given the amount of posts on this sub. Excuse any typos or grammatical errors. I am typing this while I am highly caffeinated and dealing with my own caseload.
Fellow immigration attorneys, please correct me if I'm wrong on any points. If you're not a legal professional, I do not want to hear it.
Finally, none of this is legal advice. Please always consult with an attorney before making any decisions on your specific case.
1. Will DACA be taken away?
Remember, nothing can be guaranteed. Genuinely, no one knows what will happen.
I will say that in my opinion, likely no-- the economy makes way too much money from DACA folks. I do believe that they will dangle it like a carrot to appease right-wing voters. Major corporations employ DACAmented folks. The SSN from work permits have allowed more tax revenue to come in. Too much is at stake. Legally, the legal arguments at the courts surrounding DACA involve constitutional rights, which themselves aren't going anywhere anytime soon. It's honestly just a topic that is often talked about, but hardly understood by many.
2. What about I-131F PIP?
As of today (11/7), this has been revoked.
3. Will the mass deportations actually happen? Is it actually feasible?
I want to put this into perspective. There are 11 million undocumented immigrants in the US. Currently, DHS has about 92,000 officers, and ICE has about 21,000 officers. It is asinine to try to achieve this.
Let's say it actually does begin and people are getting rounded up. Guess what? Not all undocumented folks are just undocumented-- many have TPS, pending asylum applications, pending T/U Visas, and work permits (see my point regarding #1). Unless a migrant has an expedited removal (not likely), DHS/ICE still needs to process each deportee, assign them A#s, and follow basic procedures. If they don't? That's a very easy way to reverse a deportation order. It's the equivalent of convicting someone of murder using a confession made under a very obvious 4/5th amendment violation. Slam dunk case.
Oh, and you know who has to handle all of these deportation cases? Federal DHS attorneys. They're already overworked, and they tend to exercise discretion. If no discretion, the overworked ones tend to gloss over cases and provide weak arguments. Only major attention is paid to serious crimes. You'd be surprised the amount of times DHS attorneys have gotten my clients' names wrong or made procedurally embarrassing typos.
4. What about ICE roundups?
They still happen. Still need to follow procedures. If not, lawsuits and lots of deportation reversals.
5. Will there be a plan to denaturalize? Is it actually feasible? What about birthright citizenship?
See #1 and #3.
6. What is likely to happen coming January?
IMO, the end of prosecutorial discretion in deportation proceedings will likely happen immediately. This means that DHS attorneys will have to prosecute all cases. However, see my point for #3.
7. What will happen to my pending USCIS case? What will USCIS do now?
Varies. USCIS is highly understaffed right now, and the backlogs are ridiculous. My guess is that between now and December, there will be a push to try to get as many I-485/N400s adjudicated before January. This may result in fees increasing for future applications.
8. Should I try to file my [insert case here] with the USCIS?
I cannot answer this. I highly recommend an attorney. Unless your case involves a complex immigration history (think border apprehensions, previous deportations, court hearings or USCIS interviews), probono organizations may be able to take your case.
9. Can greencards be taken away?
Greencard refers to lawful permanent resident status (aka "LPR"). LPR status is given under a plethora amount of reasons-- each have their own statutory and common law requirements. Yes, theonewhoshallnotbenamed definitely enacted policies that made obtaining these harder, but not impossible. Again though, to take an LPR status, the USCIS is required to issue a Notice of Intent to Rescind, and it would allow you to argue your case.
Again, USCIS is backlogged. When backlogs continue, immigration attorneys threaten mandamus lawsuits. Who has to handle these? US Attorneys. Guess what they will try to do? Try to dismiss as quickly and easily as possible, bringing the process back to square one. What do lawyers hate (among many things)? Their success ratings going down.
10. I legit think that they're gonna throw the whole rulebook away and just try to remove DACA, deport people, and do whatever erratically.
Then we'll cross that bridge if we get to it. IMO, I never underestimated THAT ONE and his team. They are strategic and play the irrational and ludicrous card very well. Do I think they actually want to achieve the above? Definitely. However, I don't think it will come from the White House necessarily. They'll try to slowly change the social and political atmosphere, beginning at home.
This means that the revolution starts at home. It starts in how we educate ourselves and each other. It starts by breaking generational curses and preventing history from repeating itself. It means raising our children better. It means being in community.
11. I want to leave the US.
I can't blame you. I cannot give any information on this, and this is beyond the scope of this subreddit.
12. So, what now?
As naive as it is for me to say, I think good always wins. The right is banking on your apathy, despair, and helplessness.
13. I'm glad that this is all happening. We need stricter immigration laws.
Why are you in this sub? Let me know when you've joined the Olympics though, because the amount of mental gymnastics you are doing to justify your ignorance should be enough to give you a gold medal.
EDIT: WOW. Lots of questions. I promise to try to get to as many as I can. I am but a mere attorney trying to meet his billable hours and trying to comfort my immigrant parents at the same time.
EDIT #2: I'm adding some extra points that might help cover the general theme of questions I've been getting:
A. What about Operation Wetback?
Crackdowns and ICE sweeps are still happening. Furthermore, they gotta be processed still. This means that they need to be in detention centers while ICE gets the proper paperwork from the deportee's home country (or Mexico), set up transportation, and deport them. Yes, this includes if it's even in a sweep and go type of crackdown.
I don't underestimate the vile nature of THAT ONE and what he wants to do, but I mention the facts as someone who is heavily involved in this legal work.
B. What will change with my [enter type of application]? Do you think orangeblob will change it?
No law has changed. This includes statutory and common law. Your case will move forward as is unless told otherwise.
In terms of likelihood-- again, look at #1 and #3. They can dangle the hateful rhetoric as a carrot to right-wingers all they want, but money talks the most.
C. Will family petitions change? Employment?
They didn't during 2017-2021. They very likely will not change here. Major corporations, especially tech ones, rely on employment-based petitions heavily.
D. Everyone said don't worry and things got worse years ago. I'm scared.
This is exactly what they want you to feel. This is their goal. This is why I made my post. Let this fear and grief transmute into courage and motivation for a better world for all of us. Overall, it's not attorneys or people in fancy suits that make the most change. It's the community leaders, the librarians, the students, the homeless shelter managers, and the barbers that know the names of everyone on the block. Hope is not lost.
E. I came here the “right way,” so everyone should follow the law/it’s only “illegals” that have to worry/any other unoriginal variation
DM me for resources on how to have better empathy.
EDIT #3 (FINAL EDIT).
Few more frequently asked questions:
F. Why do you think there will be a push to adjudicate AOS/N400? Isn't USCIS understaffed?
It happened post election in 2016. Pragmatically, it was probably because USCIS was expecting a large influx of applications come 2017. They decided to increase the fees, but they needed to give proper notice and time for people to file AOS/N400. Thus, leading to a mass influx of applications.
As for adjudication: N400s are the last hurdle for most folks, and they're generally not as difficult to adjudicate as other applications. It's another application officers can remove from their plate. Immediate relative based AOS or AOS based on current priority dates (without inadmissibility issues) are also generally easy to adjudicate. Yes, they are understaffed, but sometimes USCIS can shift focus briefly to some applications.
Will all of this happen come 2025? That's the hope. My naive side wants to believe that USCIS wants to make as many people residents and citizens as quickly as possible. There were a numerous amount of natz approvals in my firm right before the election. My guess is that they wanted people to vote.
Now, do I think CONSULAR ones will also get pushed? No clue. That didn’t happen 2017-2021. See Item G below.
G. What about I-130s with priority dates? What will happen now?
This type of question is complex for several reasons. (1) I-130s are provided for all sorts of reasons, both family and employment based, (2) It depends on the type, the country, and the field office handling this case and (3) It also depends if consular processing will need to get involved.
Right now, nothing has changed. This means that the priority dates on the visa bulletins are ones to look at.
What a lot of immigration attorneys do is if there's a valid reason to expedite (most common being a family medical emergency back home), then they request it. If that doesn't work, a threat of a lawsuit sometimes helps. If not, then we file a mandamus. The key to doing all of this is for when the I-130 has been pending for longer than the processing times. Keep in mind that US Attorneys are not a fan of mandamus because they are contractually required to take these cases, so they try to dismiss as quickly as possible. This usually leads to the government agency making their decision on the case.
Now, if consular processing is involved: Each consular office operates on their own timeline and their own procedures. They hardly post these procedures. Guatemala takes about 6 months, and Peru takes about 2 years. Some attorneys also threaten to involve the courts for delays here, but consulates are controlled by the Department of State, making this a bit more challenging.
Now, the burning question: will the above change? Pragmatically, overrunning and delaying the above is a poor financial decision, and money talks. You don't wanna mess with the golden nuggets of massive corporations. Can it happen though? Yes. Orangeblob did make the process slower for folks, and yes RFEs were issued annoyingly often. However, there is always room for argument and litigation, so not all hope is lost.
What about priority dates? Will they change? Priority dates vary on visa type, availability, and country of origin. There could be delays, yes. No certainty just yet.
H. What about [insert student or business related visa]?
I unfortunately do not have experience in this field of immigration law. I cannot give a proper educated answer.
I. What about asylum? Title 42?
Too soon to tell. Asylum interviews are in a massive backlog at the moment. In 2018, when DV/gang based claims were slashed, many asylum offices tried to help by "stalling" their decisions. It put people in limbo, but there was at least no referrals to court or initiation of removal proceedings. Will that happen here? Maybe, but again, too soon to tell.
J. If ICE starts rounding people up, am I next? Can I get picked up? What if I have an upcoming court hearing? Will they deport me?
There is generally a priority system for ICE. They tend to be: those with pending removal orders (especially if removal order was based on criminal conviction) or those convicted of deportable crimes.
If you have a criminal conviction, do not freak out. Not all convictions are deportable ones. This is a specific legal definition that is too complicated for me to type out. If you were charged after 2010, you must be provided with full legal advice of any immigration consequences of a potential conviction.
Having an upcoming court hearing (even via a CBP One appt) doesn't necessarily make you a priority. Some of those hearings may be for pending asylum cases and there are no crim issues.
Even if you have a previous deportation order, there are still options and there are still ways to fight a deportation.
If you're still scared about being on a priority, think of this: A cop is doing speed checks on a 65mph speed limit freeway. There are a lot of cars on the freeway. Who is he likely to go after? Someone going 67, 75, or 90? Someone with a pending removal order (especially due to a serious criminal conviction) is much higher up there. Remember, if you fall under this category, there are options and there are ways to protect you.
K. But what if [insert scary scenario]? These are all just legal protections, and he wants to get rid of all of this. He's a fascist.
Remember, they are banking on your anxiety and uncertainty. The need for certainty and comfort during turbulent times is human nature. What is also human nature is innovation, the quest for justice, and community. Even if the worst comes to light, you have so many folks who are on your side and ready to fight for you (not just attorneys).
Here is another metaphor I like to use: In the show Supernatural, Lucifer knew that Sam was going to give consent to take over his body. He had the whole timeline planned, down to the smallest detail. You know what he underestimated? Sam's love for his brother, Dean. Sure, Lucifer could predict human behavior, but he could never outsmart it. I say this here as well: don't underestimate the love that people have for one another. (also, the first five seasons in Supernatural were the superior ones, and I will immediately block anyone who tells me otherwise).
L. I messaged you requesting recommendations for nonprofit orgs and firms. When can I hear back?
I will do what I can. I will most likely answer these questions over the weekend. Any specific legal questions, unless something urgently stands out to me, I will likely not be able to answer.
Top Comment: Thank you for taking the time to post your perspective on all of this. I’ve been highly anxious about the impact these election results may have on immigration and this assuaged some of my fears a little.
Thoughts from a (FORMER) immigration attorney who did a LOT of work post 2016
Main Post:
Disclaimer: This DOES NOT constitute legal advice. I am not your lawyer nor am I anyone's lawyer. I am simply sharing my personal thoughts as someone who was an immigration lawyer (mainly for children and DV survivors) for 10+ years. In the wake of 2016 I spent most of 2017 traveling around the US advising folks on their rights, offering consultations, and training allies on what they could do. I am NO longer practicing and can't answer any individual questions in chat or DM's about your specific case and I apologize about that in advance.
So, with that being said, here are some things I've been thinking and sharing with folks who have asked, in case it is helpful to any of you.
1) We have no idea what will happen.
Take a deep breathe because no one, and I mean no one has any idea what will actually occur on Jan 21st. We know there is a desire for mass raids from folks who will be in power.
We know there are governors who have said they will "use every tool at their disposal" to fight against any attempted mass deportations.
We know there are constitutional protections in place (and yes, many aspects of the Constitution protect you even if you aren't a citizen).
Yet - we also know there are examples of horrific events like that that have happened throughout history regardless of what protections are in place.
These are just the facts. The reality is we are all clueless and guessing and anyone who says they know anything else for sure or can guarantee you XYZ will or won't happen is deluding you and/or themselves. It is important to know that nothing is known.
2) There will be MANY vile, opportunistic immigration "lawyers" who come out of the woodwork
Immigration lawyers are some of the best and worst lawyers I have ever met. Because so many undocumented folks are desperate, because they are then afraid to report lawyers who took advantage of them, because immigration law is (purposefully) ridiculously complicated and there are endless loopholes and pitfalls and it all comes down to discretion anyways, be incredibly wary of private immigration lawyers charging a fee right now. Again, there are a LOT of brilliant, wonderful, ethical immigration lawyers who charge thousands and do it right.
Unfortunately, I would say they can be the exception, not the rule. I've seen immigration lawyers who work with human traffickers, immigration lawyers who lie to their clients to apply for a "work permit" when they're actually lining them up for deportation proceedings by promising the work permit on a false claim (because then they can charge court fees too!). The list goes on and on.
I have reason to think a LOT of slimey folks are in this sub based on what I've observed being downvoted in the past couple of days (curious how this post will go).
NEVER trust a lawyer who says they can "guarantee" anything. Immigration is discretionary and no they cannot.
NEVER trust a lawyer who says it will be "simple." Again, it COULD be simple. But if they say it DEFINITELY will be that is a lie.
NEVER trust a lawyer who does not advise you on the CONSEQUENCES of filing an application (more on that below). They should counsel you on all possible risks, all possible negative outcomes, and all possible consequences of submitting anything to USCIS, DHS, or anywhere else. YOU are the only one who can decide what is right for you but you can ONLY do that if you have full knowledge of what could be at stake. Not for scare tactics, for the reality of allowing you to make the best choice for your family.
3) If you aren't on immigration's "radar", submitting paperwork is like putting up a sign that says, "heyo, I'm here!"
Submitting paperwork to immigration means reporting your address, getting your fingerprints taken, listing family members, etc etc. One of the most heartbreaking things during DACA was that many people were NOT counseled on the fact that submitting paperwork means making a record of yourself with the federal government that they can trace and follow. Which, of course, is worth it for millions and millions of people. But again, you should know and be aware of this so you can make an INFORMED choice of what is right for YOU and YOUR family.
It is my OPINION that you want to think especially hard about this if you are applying for something that just basically puts you in a very long line but doesn't grant any sort of status right away. Be very cautious and talk and think through all possibilities before determining if it is right for you.
4) Reminder - THERE IS NO "PATH" TO LEGAL IMMIGRATION STATUS IN THE US
Yes, there are "paths" for folks who fit into certain categories. They can be over simplified and broken into three categories:
- Are you rich or skilled?
- Do you have immediate relatives who are USC or LPR with ten billion asterisks attached?
- Has some really horrible shit happened to you and are you willing to report it/talk about it and is it the right kind of horrible shit).
That's it folks. And this can't be shared enough because the narrative out there is WILD about folks having to do it the "right way" when that's just not real. I have met hundreds of folks who have lived here for decades, have filed taxes, have US citizen children, who have never been arrested, etc etc etc and for whom there is NO PATH and NO WAY to do anything "legally." Oh and by the way all my great great grandparents had to do was get in a boat and sign a piece of paper. So let's not pretend that we're all over here high and mighty when the rules have changed.
5) If it were my family, I would begin safety planning
Not to panic. Not to begin leaving life in fear. And with the hope in your mind it will all be for naught and you can laugh in a decade about how worried you were.
And
I used to run the legal department of a DV agency and the best thing to do when you know there could be risk of danger is to be prepared for what you would do if you need it.
Know where all your important documents and papers are. Get a file with copies and keep it with some cash and a change of clothes in a backpack and/or duffle which you know where it is at all times. If you have a trusted friend or neighbor, talk to them about using their home as a meeting spot should you need to.
If you are a church community member and feel comfortable, open up to them about being willing to help if a hard moment comes. I was involved in sanctuary efforts (where undocumented folks take refuge in a religious institution) from 2017-2020 and Churches were one of the only places the administration didn't raid or detain folks in/from. Not saying it is any sort of guarantee, just the reality of what happened before.
(and side note, if you are an ally reading this who is a part of a religious community please talk to them about looking into becoming a sanctuary church).
6) Remember, Hope is a muscle
I wish I had better words to say but I try and remind myself of the words of those who came before us and led with light. Look into cognitive behavioral therapy techniques to practice optimism. Sounds F;d, I know, after everything I wrote before, and yet the biggest changes have also happened during repressive moments. There will be pain and needless suffering and cruelty. And we can also deeply wish this is the "darkness of the womb, and not the darkness of the tomb" as spoken by Valerie Kaur. And we all need to practice that hope now.
Stay safe. Check on your neighbors. Trust your gut. No one knows.
Top Comment: Thank you for this. Unfortunately my partner of years has made up his mind and is preparing to self deport with his daughter as I type this. I just feel numb. We are in California, and getting married wouldn’t help. I’m losing my life partner over this. I just feel stunned that this is what all this is coming to. Do you think it’s wise for him to just take off like this? He’s been here since 9 years old but wasn’t eligible for DACA. He’s 34 now.
Should I hire an immigration lawyer?
Main Post:
I’m an international student from the Netherlands and I’m marrying my fiancé in July. We’ve been together for 3 years. We want to start the AOS process and I’m wondering if we should hire an immigration lawyer. We’re both 21, I’m not allowed to work in the states, so one can imagine it’s very expensive for us... Our case seems straightforward, we both don’t have a criminal record, I’ve never had any issues with my visa status or anything either. She also makes enough to be my sponsor. I’m looking for advice, should we hire a lawyer, or save our money and try to file ourselves? Any advice is greatly appreciated!
Top Comment: It never hurts to hire an immigration attorney or someone who's a reputable immigration consultant. My wife and I did, and when we got letters on intent to deny and RFE'S, the attorney helped us meet our deadlines ,and 2 weeks after that, our I-130 and I-485 were approved.
How to pick the right immigration lawyer?
Main Post:
Where should I look? Any specific websites/domains? What kind of hourly fees to expect?
Top Comment: google review. Sort by worse and see what specific wrong things the lawyers did. If even one of them is about, 'failing to submit documents we provided,' 'filed wrong application form,' or 'not transparent about prices,' then move on. If your prospective choice of lawyer passes the #1 criterion, look up AVVO and AILA registry. not all immigration lawyers are part of AVVO or AILA, but it's more reassuring if they are. Small lawfirm is better than a HUGE law firm. Big firms often don't pay attention to small clients. Look up any disciplinary records, and if the lawyer is registered to practice in the state you live in(or the state s/he lives in). Immigration laws are federal matter so there is no need to be registered to a state bar, but not doing it is very seedy, and if any complaint arises, it's difficult to file a complaint.