Law Office of Bonnie Stern Wasser
—Bringing People Together—
Do It Yourself or Hire a Lawyer?
Prospective clients often ask, "do we need a lawyer"? The answer is "it all depends." Many would say that immigration
regulations are the antithesis of the public's desire for less government regulation. In fact, in a July 28, 2005, Congressional
Research Service report submitted to the House Judiciary Committee, it was concluded that immigration laws are the most complicated
set of laws in the nation, beating the tax code. They are dysfunctional and badly in need of reform.
One court has held that the immigration laws are "infinitely complex compared unfavorably to the labyrinth of ancient
Crete." Immigration officers must deal with 24 major nonimmigrant visa categories and 70 types of nonimmigrant visas.
Meanwhile, the Internet now contains ever-more quantities of do-it-yourself materials, many of suspicious value or aimed at
taking advantage of desperate people who want to come to America.
Before you handle your own immigration affairs, consider that immigration lawyers consult with numerous sources of information, including statutes (acts of Congress), regulations (agency rules which interpret or fill in the gaps and minutiae of the statutes), operations instructions (internal agency guidelines), agency policy memoranda, published correspondence between agency officials and attorneys, weekly and monthly publications with the latest news, case decisions from the various agencies and courts, minutes of meetings between bar associations and government agencies, plus a plethora of books and specialty publications which further interpret the laws. In addition, there are numerous meetings, conferences and seminars to attend to stay up to date and at which to hear the latest trends and upcoming news directly from agency representatives. Association membership in such groups as the American Immigration Lawyers Association, allows attorneys to network with each other and to learn about new strategies and trends from others. Consequently, the practice of immigration law is much, much more than simply filling out government forms. Attorneys who practice in this area find it a challenge to keep up with so many frequent changes and sources of information which frequently overlap with other substantive areas such as family, tax, international, entertainment and criminal law, to name a few.
Frequently, we are hired after applicants wear themselves out trying to handle their cases on their own. A common occurrence is the misleading or inconsistent information immigration or consular officials give out to the general public. Doing your own immigration case is like diagnosing and treating yourself for a medical condition. There are plenty of resources around to consult. But do you have the knowledge, time and patience to diagnose yourself, or do you consult with your doctor or specialist? The bottom line is, if you feel comfortable with the process, understand the subtle nuances in simple questions on forms, have plenty of time, and above all, unlimited patience, by all means, do it yourself!
Applicants for immigration benefits should also be mindful about hiring non-attorneys. USCIS/INS rules and regulations specifically prohibit appearances at immigration offices by non-attorneys except in three instances: 1) assistance by a "reputable individual" of good moral character who files a declaration stating he or she is not being paid, and has a pre-existing relationship with the applicant (family, friend, clergy, neighbor, business associate); 2) a Board of Immigration Appeals designated "accredited representative" of a nonprofit organization that charges "nominal" fees; or 3) law students working under the direct supervision of a faculty member, attorney or legal aid program or clinic at a law school without being paid. All other non-attorneys, including "notarios", consultants, and notary publics may NOT make appearances on behalf of applicants. 8 CFR sec. 292.1(a). In addition, many states now have unauthorized practice of law statutes.
Finally, opinions from the (former) INS Commissioner and INS General Counsel state that the unauthorized practice of law by a non-attorney before the INS/CIS includes the "selection and completion of immigration forms" since the answers to many questions require "forming a legal conclusion that the applicant is eligible requiring extensive knowledge of complex immigration laws and their applicability to individual cases." (INS Commissioner memorandum of January 18, 1995, HQ 292-P, "Practice of Law by Unlicensed Immigration Brokers.")
