People often ask me if they need an immigration attorney to help them apply for benefits from the United States Citizenship and Immigration Service (“USCIS”).  This is my answer.

Like all attorneys, immigration attorneys are expensive.  I can understand why people hesitate to spend so much money.  But the work we do is very important.  Your interaction with the USCIS will have an enormous impact on your life.  It should not be taken lightly.  Immigration law is incredibly complex, and the USCIS itself has said that those who understand it “are worth their weight in gold.”

Immigration attorneys are not miracle workers.  I do not have any magic potions to get people immigration benefits for which they are not eligible.  I can’t make the USCIS move your case faster.  I don’t have any inside connections to bend the rules. No one does.

What I do have is knowledge, access to legal resources and experience.  I can identify potential problems in your case, and advise you how to avoid or address those problems.  I can argue with USCIS on your behalf if necessary.  In addition, because my office has processed hundreds of cases, we are much less likely to make a mistake that could delay your application or even cause it to be denied.

So, do you need an immigration attorney?  I think that the best measure of whether or not you need an immigration attorney is the potential risk involved if things go bad. 

If you are petitioning to bring a family member into the United States from abroad, the potential risk is relatively small.  If your petition is denied, all you have lost is the filing fee and some time.  You can make the needed corrections and apply again.  You may choose to hire an immigration attorney to help you, and many people do – I handle many of these cases.  But you do not need an immigration attorney.

If you are in questionable immigration status - because you overstayed or are about to overstay a visa, entered on a Visa Waiver, entered the United States without permission, or are facing the end of a conditional residency, the stakes are much higher.  If your case is denied, it is likely that the USCIS will begin removal proceedings, – the legal process in which the government tries to send your back to your home country[1].  Aliens who are removed after overstaying a visa are banned from returning to the United States for up to 10 years.  The potential risk in these cases is enormous and no one should make this type of application without an immigration attorney’s help.  If this is your situation, you need an immigration attorney[2].

                Of course, if you are detained by USCIS or in removal proceedings, you should have a qualified attorney.  In addition, most employment related immigration matter are so complex that an experienced attorney is required.

                My office has helped hundreds of people begin or continue their lives in the United States.  If you hire us, we will do our best for you.

                                                                                              George Barron

                                                                                              Attorney and Counselor at Law