Q#1: Do I really need an immigration attorney if all the forms are available online?
A#1: Even though the forms are easily accessible, the law behind them is not simple. USCIS forms often look straightforward, but each question carries legal meaning. A small mistake—checking the wrong box, failing to disclose something, misunderstanding what counts as “unlawful presence,” or submitting insufficient evidence—can lead to delays, requests for more evidence, denials, or even referrals to appear in front of the immigration court.
An attorney does much more than just fill out forms. They evaluate eligibility, identify red flags, analyze immigration history, and strategize the safest and strongest pathway forward.
Q#2: What risks do people face when they file immigration applications without a lawyer?
A#2: Some of the most common risks include:
- Submitting incorrect or incomplete forms
Even minor errors can result in rejections, lost time, and additional filing fees.
- Accidentally triggering immigration consequences
Applying for a benefit you do not qualify for exposes you to being deported instead of receiving your Green Card.
- Failure to provide sufficient evidence
Many denials happen not because someone is ineligible but because the application was poorly documented.
- Missing deadlines or using outdated forms
USCIS frequently updates forms and rules. Using an old version or missing a filing window can cause the application to be rejected.
- Not understanding legal eligibility
Immigration law is full of hidden requirements that USCIS does not always explain on its forms.
Q#3: What does an immigration attorney actually do that I can’t do myself?
A#3: A skilled immigration attorney provides critical support in several areas:
- Eligibility Analysis
Attorneys assess your entire immigration history, criminal record, travel history, and family situation to determine the best legal path.
- Preventing Mistakes
Lawyers ensure that every form is completed correctly, all evidence is properly documented, and legal requirements are met.
- Strategizing Complex Issues
Whether you overstayed, entered without inspection, have prior denials, or need a waiver, attorneys can identify solutions.
- Advocacy and Communication
Attorneys communicate with USCIS, the Department of State, or the Immigration Court on your behalf.
- Preparation for Interviews and Hearings
Representation includes preparing clients for USCIS interviews, consular processing, and removal proceedings.
- Staying Current on Law and Policy
Immigration laws are reinterpreted often based on the President’s policy objectives. Attorneys stay updated so your case complies with the latest standards.
Q#4: How can hiring an immigration attorney actually save me money?
A#4: Many clients assume that hiring an attorney is more expensive, but often the opposite is true. Mistakes can lead to:
- Paying filing fees twice
- Delays that affect employment authorization
- Denials requiring costly appeals
- Missed opportunities for faster or alternative immigration pathways
Q#5: What should I look for when choosing the right immigration attorney?
A#5: Consider:
- Experience with your specific type of case
Family-based, employment-based, humanitarian relief, and removal defense require different expertise.
- Clear communication and responsiveness
You should feel fully informed and comfortable asking questions.
- Honesty about risks
A good attorney explains both benefits and potential problems.
- A transparent fee structure
Understand what is included—preparation, filings, interview prep, etc.
- Licensed attorneys only
Avoid notarios or unlicensed tax consultants who are not authorized to practice law.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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