Many people seem to believe that so-called "simple" matters never require the services of an immigration lawyer, that so-called "complicated" matters always require the services of an immigration lawyer, and that everything "in-between" can somehow be weighed on some kind of imaginary scale (which can indicate, perhaps, in shades of gray going from white to black) to determine whether the matter is "simple" or "complicated".

Such persons often think a "simple" matter is something such as an application by a person who is visiting from abroad for an extension of time to remain in the U.S. Accordingly, such persons think that this type of a "simple" matter never requires the services of an immigration lawyer. Such persons also often think a "complicated" matter is something such as a deportation hearing in Immigration Court or an "employer-sponsored" application for permanent residence. Accordingly, such persons think that these types of "complicated" matters always require the services of an immigration lawyer.

It is very important to understand that, unfortunately, there are many separate government agencies and courts involved with Immigration or Nationality Law matters. Such agencies and courts include:

• the Department of State ("D.O.S."), which is in charge of all of the U.S. Embassies and Consulates throughout the world. D.O.S. is also in charge of the Visa Office ("V.O.") and the United States Information Agency ("U.S.I.A.");
• the Department of Labor ("D.O.L."), which is in charge of many regional offices, located throughout the United States, of the Employment and Training Administration ("E.T.A."), which has the power to decide whether or not, in its opinion, a person's employment skills are needed in the United States. D.O.L. is also in charge of the Board of Alien Labor Certification Appeals ("B.A.L.C.A."), which is located in Washington, D.C.;
• the Department of Justice ("D.O.J."), which is in charge of the Federal Bureau of Investigation (the "F.B.I.") and  the Executive Office for Immigration Review ("E.O.I.R."), which includes the Office of the Immigration Judge ("O.I.J."), located throughout the U.S., and the Board of Immigration Appeals ("B.I.A."), located just outside Washington, D.C.;
• the Department of Homeland Security ("D.H.S") and its three separate "bureaus" having jurisdiction over various immigration matters: the Bureau of Citizenship and Immigration Services ("B.C.I.S"); the Bureau of Immigration and Customs Enforcement ("B.I.C.E."); and the Bureau of Customs and Border Protection ("B.C.B.P."); and,
• the many United States District Courts, the United States Circuit Courts of Appeals, and, ultimately, the United States Supreme Court.

There are some intelligent, caring people who work at these government agencies. However, during my many years of experience as an immigration lawyer, I have seen first-hand that some of the government employees who work at these agencies are often uncaring, inefficient and extremely bureaucratic. They sometimes lose people's files and documents, and applications can sit on shelves or in drawers for months and, in some cases, even years. Government employees in these agencies sometimes make decisions that are unfair, unintelligent or even, in some cases, contrary to law. Some government employees are rude or incompetent or both. In addition, each separate agency has its own forms, rules, regulations, policies, and procedures, many of which are extremely difficult to obtain.

I have seen many "simple" matters turn into nightmares of complications with horrible results. I have seen many "complicated" matters end up, amazingly, being quickly and fairly resolved. Predictions as to what will happen regarding any matter can often be incorrect. Accordingly, I truly believe that no matter can ever be labeled as "simple" or "complicated".

Considering all of this, my answer to "When a person has a matter involving U.S. immigration or nationality law, under what circumstances should she or he obtain representation of an immigration lawyer?" is: Always. Obtaining the services of an immigration lawyer always benefits a person in two very important ways:

1. It gives the person more power in dealing with the government than she or he would have without the immigration lawyer; and
2. It increases the probability that the final resolution of the case will be one which is positive rather than negative.

There really is no question as to whether or when a person should obtain the services of an immigration lawyer — an immigration lawyer's services should always be obtained. Back to Top

A competent lawyer can be defined as a lawyer who is effective, knowledgeable, professional, caring, and experienced. Five ways to find out if a particular immigration lawyer has these qualities are:

1. Learn about some of the clients who have hired the lawyer in the past (see a list of many of the employer clients that have hired us in the past);
2. Find out if the lawyer is officially certified as a Specialist Attorney in Immigration and Nationality Law by the state in which she or he is licensed to practice law (I am licensed to practice law by the State of California and by the District of Columbia, and I am certified as a Specialist Attorney in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization, and, in addition, I have served as one of the Commissioners on the Board's Advisory Commission on Immigration and Nationality Law);
3. Determine how long the person has been practicing immigration law (I have practiced immigration law continuously since 1980);
4. Ask the lawyer how much of her or his practice is devoted to immigration law, and how much of her or his practice is involved with matters in other areas of law (100% of my practice is devoted to immigration law -- I do not represent persons who want to sue other people, I do not represent persons accused of criminal acts, I do not represent persons in marital dissolutions, in short, I only represent persons regarding Immigration and Nationality Law matters); and,
5. Find out if the lawyer has ever been disciplined by the state in which she or he is licensed to practice law for incompetent or unethical acts or omissions (I have never been disciplined for any reason).

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