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Selecting a Lawyer

by Lisa Scott

Upon graduation, many international students will seek to work in the United States. Their reasons for seeking U.S. employment are varied: obtaining training or experience which will be advantageous upon return to their home country; possession of knowledge so advanced that they are unable to employ these skills in their home country; after several years of study the U.S. may have become their adopted home; or they may have received a tempting offer of employment.

After completion of practical training in F-1 orJ-1 status, international students typically pursue H-lB visa status. Canadians may be able to utilize other visa options presented under the treaty between the U.S. and Canada. Some foreign nationals who are highly skilled may opt for permanent residence applications through national interest waivers or as outstanding researchers. Although practical training is virtually automatic, the legal procedures involved in obtaining H-lB status often require the graduate to seek legal advice. This brochure is intended to offer practical advice on selecting a lawyer who can best serve the needs of a foreign student.

Finding a Lawyer

Over the years I have noticed that there is a lack of coherent resources available to those seeking qualified immigration expertise. This often leads international students to opt for a lawyer upon the recommendation of friends or simply by looking through the phone book. Although these may not necessarily be bad resources, I believe an individual should proceed cautiously in finding qualified legal assistance.

First, you should be aware that there are several resources available to you, free of charge. Perhaps the best place to start your search is to contact the International Student Office at your university. Usually the university personnel working in that office have had dealings with various immigration problems and, as a result, they are likely to be familiar with lawyers who practice in the field. Although they may give you a name or a list of lawyers, you should realize that this is not necessarily an endorsement, and you must still be prepared to interview the lawyer.

Other acquaintances in the international community may also offer a good source of referrals. You should be cautioned that not every case is identical, so while your friend may endorse a lawyer wholeheartedly, that lawyer may still lack expertise in the specific problem you face. Outside the university community, various professional organizations are good sources of lawyer referrals. Often these referral services are free to clients. Many of these services charge a fee to the lawyer listed, and therefore may he shunned by some lawyers. The Chicago Bar Association, the Women's Bar Association, Asian American Bar Association, and the American Immigration Lawyers Association should all prove useful in obtaining a referral. Several other sources of referral include: other lawyers who do not necessarily practice immigration law, family members, professional publications, foreign consulate offices, community seminars on immigration law, etc.

Initial Contact

Once you have made initial contact with a lawyer you should be prepared to interview her as you would any job applicant. Depending on your priorities, and if money is a source of concern (and for most students it is), you should ask if there is an initial consultation fee. Some lawyers do not charge a consultation fee, others may have a special dispensation for students, and still others may bill you for the time they spend talking to you or charge a set consultation fee. As a lawyer, I can understand the reasoning behind each of these options, but as a potential client you must decide whether the initial consultation fee is a concern to you. I also suggest that you attempt to speak with the lawyer prior to your consultation. This phone contact allows both you and the lawyer to assess the merits of your case and to discuss the general fees involved on a preliminary basis. As a lawyer, I have a general rule to speak briefly with each prospective client prior to setting an appointment. This brief call allows me to make a preliminary assessment: is there something I can do? What is the client's time frame? (is it an emergency that my current schedule cannot accommodate?) What is the probability of a successful outcome? This screening has proven invaluable to prospective clients as well. It allows them to assess the breadth of my knowledge in immigration law, determine whether they can establish an initial rapport with me, have their general questions answered, and learn about my fees. Most lawyers allow for some preliminary discussion but are reluctant to go further due to time constraints and the need to know all the facts before rendering a full legal opinion.

Meeting the Lawyer

At this initial meeting, the lawyer will interview you regarding your various immigration options. You should also take this time to interview the lawyer. The most frequent question an attorney is asked is how long she has been in practice. The answer may not always be indicative of the breadth of knowledge, as those in practice for many years may have become complacent, and those brand new may be very keen to increase their knowledge, and provide you with zealous representation. The more pressing question, I believe, is how committed the lawyer is to the field of immigration law. Try to ascertain what the lawyer does to keep apprised of recent developments, which is crucial in the ever-changing immigration field. Ask your lawyer whether she is active in various organizations concentrating in immigration law, whether she attends immigration conferences, whether she speaks at conferences, whether she has authored articles on immigration. I strongly believe that you may gain an advantage by retaining a lawyer who is active in the field. Such activity is usually a good sign of her dedication to her work.

An initial discourse allows you to discover the lawyer's commitment to the field. When you question a lawyer about her livelihood, note whether she truly enjoys her work. This passion will be replayed in gestures, intonation and ease in discussion of the parameters of immigration law as they relate to you. Obviously, the attorney's work product will reflect such zeal, whereas those whose work is perfunctory may perform adequately, but may not stay abreast of changes that could have an impact on your case.

Another important question that reflects a lawyer's commitment to her field is the percentage of her, or her firm's, work dedicated solely to the practice of immigration law. Although firms with diverse practices can perform satisfactorily, I suggest that specialization has found its place in the legal field. As in medicine, specialization allows a lawyer to keep current, affords her an opportunity to be exposed to many of the same fact patterns on a regular basis, enables her to review the impact of recent developments, etc. Just as I applaud my internist for referring me to a specialist, I commend those lawyers who realize that an immigration case may not be routine and consequently, refer their client to a qualified immigration lawyer.

In addition to the level of dedication to immigration law, try to ascertain whether your lawyer has a particular area of concentration in immigration law. Immigration law can basically be separated into family-based, employment-based and deportation-based practices. While the lawyer may be familiar with all aspects of immigration law, she probably has strengths in some areas. If you are seeking an H-lB visa, you want to know that H-lB petitions are your attorney's strong suit.

Another concern I urge you to raise is internal office protocol. Ask whether the lawyer will do the work herself, or whether your case will be allocated to another attorney or paralegal. If so, you should ask to meet that person. If the work is allocated, with whom will you have contact? Find out general information about that person, too. The answers to these questions should make you feel comfortable. Otherwise your search for a lawyer should continue.