How to Hire a Licensed U.S. Immigration Deportation Lawyer
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Why You Should Hire an Experienced Deportation Lawyer
There are many good reasons to hire a licensed Deportation Lawyer to handle your case. Whether you are deported or not, can often depend directly on the deportation lawyer that you hired to represent you. An experienced immigration defense lawyer can increase your chances of successfully defending against deportation.
According to a 2010 Justice Department Report, out of 287,007 cases handled by the Immigration Court, more than half, 165, 742 were unrepresented and tried their case on their own,
The opinion stated, “Of great concern to EOIR is the large number of individuals appearing pro se. Immigration judges, in order to ensure that such individuals understand the nature of the proceedings, as well as their rights and responsibilities, must take extra care and spend additional time explaining this information. An individual may ask for a continuance of a proceeding to obtain counsel.”
What an Experienced Deportation Lawyer can do for you in a deportation/removal proceeding.
- Recognizing all forms of relief from deportation/removal you may qualify
- Categorize and collect evidence to support your application for relief
- Determine which witness testimony will be needed
- Provide your evidence to the immigration judge
- Prepare court motions and briefs. This can include including a Motion to Change Venue to move your case to a closer immigration court if you are scheduled for a hearing in another state.
- Examining witnesses during your hearing in immigration court
- Hiring expert witness, if necessary
- Preparing you for your day in immigration court
Although you are not required to have a deportation lawyer represent you in court, and the government will not provide you with an immigration lawyer, you should understand that hiring an experienced deportation lawyer can improve your chances of successfully defending deportation.
How to select a licensed and experienced Deportation Lawyer
There are good reasons to hire a licensed and experienced Deportation Lawyer to handle your case. If you run into any problem during the process, you will need legal assistance to resolve it. If your immigration situation is complicated, there is even a greater reason to hire a licensed deportation lawyer.
If you're going to hire a Deportation lawyer, you need to do your research. A good lawyer will be worth every penny you pay him, but a poor one may wind up adding to your problems and costing a lot more in the long run.
Here are some tips to help you during your search.
- Get references. Ask friends, family, or colleagues if they know any good immigration deportation lawyer. People are quick to recommend a good lawyer and even quicker to badmouth a bad one. Be careful however, as no two cases are alike, so if your friend had a very simple case, it does not mean that the lawyer has experience with a complication one. Also try to find out about the lawyers personality. Some layers have fine beside manners, while others are gruff and demeaning. You have to find a lawyer that fits well with your personality. Make sure the lawyer is a member of AILA. Search for a lawyer on the American Immigration Lawyers Association (AILA) website. AILA is a primary association of immigration lawyers and attorneys, so you can be reasonably sure that you're speaking to someone who understands immigration law and policies. While membership in AILA is not a mandatory to practice immigration law, membership can be a good indication of a lawyer's level of commitment to the practice. You can also go yo AVVO.COM, which rates lawyers in their speciialty. You can read what other lawyers say about him/her and what previous client comments.
- Find articles written by the immigration lawyer or written about him/her. Search the Internet for articles written about this deportation lawyer. Make sure these articles are favorable. Look for articles this immigration lawyer has written and read them. In this way you will find out how the lawyer thinks and the depth of his knowledge.
- Make a Short list of Newark Deportation lawyers Interview the lawyers to find one who matches your needs. Ask about their deporttin court experience. Find out if they are deportation lawyer or not and if they have worked with your type of case before. Immigration law is a complicated specialty, so you'll want a lawyer who is experienced with deportation matters. At the consultation you will be able to determine if the lawyer is understanding, listens to your problems and answer your question clearly. Look for whatever traits you like to see in your lawyer. Make sure that he has many years of experience. Compare fee schedules. Some lawyers bill hourly while others charge a flat fee. Find out if there are additional costs such as postage, mailing fees or long distance charges. In many cases immigration work can be estimated fairly accurately. Others are quite difficult to predict. An immigration lawyer is more likely to charge an hourly rate for a deportation case, and a flat fee for family related matters.
- Verify credentials. When you believe that you've found a lawyer you feel comfortable with, you should find out if the lawyer is licensed and not under disciplinary action. This link will help you do this.
- Get a Retainer. You should always receive a retainer from the lawyer, which will clearly state the legal fees and other charges and the manner of payment.
ABOUT NON-LAWYERS AND IMMIGRATION
When it comes to deportation, it would seem that everyone would hire an experienced deportation lawyer to represent him or her, but that is not what always happens. In many places there is a teeming "quasi" underground business of immigration forms preparation. In may instances, these business call themselves immigration consultants or Notario Publicos, and some even hide under the guise of travel agents and translations services, and other such businesses. They all charge less than license Newark immigration lawyer, but they are unable to provide the service of a true immigration lawyer.
Immigration Consultants
In most cities and states there are many such immigration consultants who offer to help obtain legal residency. Some of them are honest and hardworking and limit their work to forms preparation without to resorting to making believe that they are licensed Immigration Lawyers. Some of the consultants are former employees of the Immigration Service or were U.S. consular employees. As there is NO LICENSE for immigration consultants and NO EXAMINATION needed, you can imagine the inconsistency in the quality of the work. Consultants, unlike a licensed Newark Immigration Lawyer are not subject to discipline by the Bar Association and normally cannot be held for damages for their work product.
One thing for sure, the immigration consultants, are not permitted to appear at an immigration hearing to represent a client. Not only can they not appear in front of an immigration examiner, they are not permitted to represent anyone in immigration court.
And there is no guarantee that when they complete the immigration forms that they know how to conduct a proper review, the way a licensed Immigration Lawyer would do, to prevent needless complications and possible deportation action. To make a complaint against an Immigration Consultant click here .
Notario Publico
In the United States, Notaries are authorized to compare signatures and certify "notarize" that the signature on a form is that of the person who is named on the form, take oaths, or certifying a copy of paper. But that is not so in many foreign countries. In Latin countries, Notarios hold an esteemed position very similar to lawyers. The Notario prepares documents, and reviews their execution and in some countries may have the power of law.
New immigrants get confused and believe that an American Notary has the same power and place in our society as that of a Notario in their country. The immigrant believing that a Notatio is like a licensed lawyer, hires the Notario and in many cases, find themselves in "hot water." In the United States most anyone can become a Notary Public, by filling our an application and taking a very simple test. To make a complaint against a Notario Publico click here.
Travel Agencies and Translation Services
There are some travel agencies and Translation services that go well beyond their corporate charter. They engage in similar activities, that the Notario Publico and the Immigration Consultants are doing by acting like a licensed Immigration lawyer. However, in most every case, these agencies do little more that type up the immigration forms, not knowing what the immigration service in truly asking in each question. In many cases, their clients do not get the "Green Card" they believed was forthcoming, instead they receive a Notice to Appear" for a deportation hearing in Immigration Court.
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Author
Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 35 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..
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