Sources of Help for Immigration Advice

There are several sources of help for immigration advice including attorneys; consultants; notaries; free services such as churches and other outreach programs; public forums like bulletin boards, Internet news groups and home pages; friends and relatives; newspapers; and the United States Citizenship and Immigration Services (USCIS) itself. A review follows to help you decide which of these best meets your needs.

Attorneys

Attorneys should not be lumped together as equally good or bad. Attorneys are individuals and come with the strengths and weaknesses of any group. Probably the best indicators of attorney competence are the attorney's experience and good personal recommendations.

The advantage of an attorney is that you know that they have had formal training in the law, that they have passed an examination, and are required to show proof of good moral conduct. Be careful in selection since these alone do not guarantee success or ability. An attorney does have a license to protect and is subject to discipline for incompetence or neglect. This may give you some comfort.

An attorney can represent a person before the USCIS. All notices go both to the attorney and the client. A non-attorney (with some exceptions) may not formally represent a person before the USCIS and notices will be sent only to the applicant.

Consultants

There are a number of immigration consultants who offer to help obtain residence or other immigration benefits. Some specialize in investments and investor visas. Some are hard working, knowledgeable and competent. Some are former employees of the USCIS or are former U.S. consulars. Since a consultant may not formally represent a client before the USCIS, notices will go directly to the applicant.

Because there are no uniform examinations or licenses needed, it may be difficult to determine the background and experience of a consultant. The best recommendation is a personal referral from a satisfied client. Consultants are not subject to discipline except to the extent any person might be held to damages for fraud or other gross misbehavior.

It is probably a good idea to learn about the education, background, experience, and successes of a consultant, perhaps speak to some former clients if possible. Be sure to obtain the arrangements for fees and other charges in writing.

Notaries (Notarios)

Notaries may have substantial duties related to legal documents in Spanish language countries and in some European countries (Italy, as an example). The Notario prepares documents, and oversees their execution. In the U.S., notaries are appointed by States according to each State's criteria. The duties of notaries in the U.S. are usually confined to validating a signature, taking an oath, or certifying a copy of paper. In the U.S. a person can become a notary without legal training. A notary may not formally represent a person before the USCIS.

Free Services Such as Churches and Outreach Programs

When a person is detained by the U.S. Immigration and Custom Enforcement agency (ICE), they receive a list of free legal services. These are usually approved services to represent people before the USCIS at deportation and other litigated proceedings. The workers may be attorneys or trained lay-people. Competence varies. Some are more competent and experienced than some attorneys. Some may not be knowledgeable in immigration matters outside their usual type of immigration cases (the same thing can be said about attorneys and consultants).

Friends and Relatives

You can get all kinds of advice and rumors from people you know, some of which may be useful, and all of which should be verified. Also, other people are your best source of recommendation for help. Remember that what worked in one case may not be good for another and it sometimes takes considerable experience and training to see the danger in blindly following informal advice.

The U.S. Citizenship and Immigration Services

The UCSIS has a dual function. In simple terms, the USCIS issues green cards, and deports people. These two conflicting functions sometimes colors the advice given by them. Also, USCIS employees are often not familiar with many aspects of immigration law. The USCIS has been known to give erroneous and dangerous advice. If a person relies on the advice then later tells a judge "But I only did what they told me to do." The judge is likely to say "Too bad, you should have gotten better advice."

USCIS employees are often harassed, impatient, and not very understanding (and this after you have  waited to get the advice). Even the seemingly simple task of telling you which form to use may be a disaster in the making. Be careful about solely relying on advice from the USCIS.