Hiring an attorney does not mean you’re ‘guilty'

Dear Atty. Gurfinkel:

My petition was approved a long time ago, and I am about to be processed for my visa.

With all the changes in immigration laws, legal requirements, and documents needed, I am scared to mess up or miss something, which could further delay joining my family in the U.S. I’d like to hire an attorney, but some of my friends and relatives tell me that hiring a lawyer would be a sign of "guilt", and that the Embassy or INS will be much tougher on me because I hired an attorney. My friends also say that I don’t really need an attorney, so why waste the money.

Very truly yours,

D.S.

Dear D.S.:

Hiring an attorney is not a sign of guilt. The INS and the Embassy have never, to my knowledge, considered legal representation as a sign of "guilt". They do not "discourage" people from hiring a lawyer. In fact, people have the right or privilege to be represented by an attorney, if they so desire. For example, in removal/deportation proceedings, the INS specifically advises people about their right to be represented by an attorney.

I believe that, in many cases, having an attorney represent you may greatly increase your chances for success, as miscommunications, misunderstanding, and possible denials would be minimized. An attorney has gone to four years of college and three years of law school, is licensed by the State Bar, and is updated with developments in his line of practice. An attorney will evaluate your case, see if you meet the requirements, and identify potential problems, pinpointing the various documents you need, and help you gather relevant documents and evidence in support of your case and/or visa. An attorney will prepare you in advance of any hearing or interview about your situation, so that you will be able to properly and truthfully answer questions, and avoid the possibility of miscommunications, misunderstandings, etc.

While hiring an attorney does not "guarantee" success, legal issues or problems often arise because the person did not properly present his case, or properly explain himself, misunderstood a question, and/or answered incorrectly, thereby triggering an investigation. Or, their papers are incomplete or create suspicion (such as date of marriage on children’s birth certificates when the parent claims he was single, late registered documents, etc.).

I know of one case where a father decided that he wanted to handle his case on his own (which involved him petitioning his children). He thought he was very knowledgeable, and could save a lot of money if he did it himself. However, by his handling the case, his family had to go to the Embassy over 11 times for interviews, and rescheduled interviews. They lived all the way in Davao, so you can imagine the inconvenience of having to travel to the Embassy so many times. Each time the family would go for the interview, some documents were missing, or other documents were required. Each time they were turned away, the family would call the father in the U.S., who kept insisting on handling it himself. Eventually, the Embassy almost denied the visas on suspicion of fraud, because the family could not properly explain their situation, even though the family was truly entitled to the visas. In that case, the father finally came to my office (after the near-denial), and I was able to save the case in time. However, there are other cases which may have been so messed up, that they may be beyond repair.

Remember, under U.S. immigration laws, even though you have an approved petition, it does not automatically mean you’ll be issued a visa. It is up to the applicant to prove his eligibility for a visa. If a person does not prove his or her eligibility to the INS Officer or to the Consul, then the INS or Embassy would be justified in refusing to issue the visa.

That is why I recommend that, in connection with such an important aspect of a person’s life, where their whole future is on the line, having an attorney could, in many cases, increase their chances for success. Having an attorney is never a sign of "guilt".