When to Hire an Immigration Lawyer
Short answer
Hire an immigration lawyer before filing a green card, citizenship, asylum or waiver application, when you receive a Notice to Appear or are contacted by immigration enforcement, or when you have any criminal history. USCIS says only attorneys, DOJ-accredited representatives and supervised law students or graduates may represent you. Notarios and consultants outside those groups cannot.
Key takeaways
- Immigration rules, forms and fees change often. Confirm current requirements with USCIS or a lawyer before you file.
- USCIS says only attorneys, DOJ-accredited representatives of recognized organizations, and supervised law students or graduates may represent you. Everyone else cannot represent you or give legal advice.
- A Notice to Appear means removal proceedings may begin. Missing the hearing can lead to an order of removal in your absence.
- Asylum applicants generally must apply within one year of arriving in the United States, with limited exceptions.
- Never sign blank forms, never give away original documents, and never pay anyone who guarantees approval.
When should you hire an immigration lawyer?
Hire an immigration lawyer when a mistake could cost you your status, your case, or your ability to stay in the country. Simple, routine filings can sometimes be done without one, but complications make professional help worth the cost.
| Situation | Why a lawyer helps |
|---|---|
| You received a Notice to Appear or a court hearing date | Removal proceedings are adversarial and deadlines are strict. Missing a hearing can lead to a removal order in your absence. |
| Immigration enforcement contacted or detained you or a family member | You have the right to remain silent and to speak with a lawyer. Prompt advice affects bond and defense options. |
| You have any arrest, charge or conviction | Criminal matters can create immigration consequences. See when to hire a criminal defense lawyer. |
| You plan to apply for asylum | Asylum applicants generally must apply within one year of arrival, with limited exceptions, and the case depends on evidence and testimony. |
| You need a waiver | Waivers require proof of hardship and are hard to correct if filed wrongly. |
| You are applying for a family-based green card with complications | Past overstays, prior denials or inconsistent records can lead to delay or denial. |
| You are applying for citizenship with arrests, long trips abroad or tax issues | These can affect eligibility, and an application cannot easily be taken back. |
| Your application was denied or you received a Request for Evidence | Responses have strict deadlines and the content matters. |
Who can give you immigration legal advice?
USCIS says only a few groups may represent you: attorneys in good standing, DOJ-accredited representatives who work for DOJ-recognized organizations, and law students or graduates supervised by one of them. Foreign attorneys can represent you only in matters outside the United States.
People outside those groups, including notarios, visa consultants and form preparers, cannot represent you or give legal advice. They may be able to give limited help filling out forms.
In the United States, the word "notario" does not mean what it means in many other countries. A "notario público" here is generally not a lawyer. Use the lists linked on the USCIS Legal Services page before you pay anyone.
How do you spot immigration scams?
Be cautious if anyone guarantees approval, claims a special relationship with USCIS, asks you to sign blank forms, keeps your original documents, or asks for payment in cash or gift cards. These are warning signs, not proof, but each is reason to stop and verify.
- Verify the attorney on the state bar lookup.
- Ask for a written fee agreement and a receipt for every payment.
- Keep copies of everything you sign and file.
- Never give up original passports, birth certificates or other originals.
See also red flags when hiring a lawyer.
What should you do if you receive a Notice to Appear?
Do not ignore it. A Notice to Appear starts removal proceedings and tells you to appear before an immigration judge. Missing a hearing can lead to a removal order in your absence.
- Keep the notice and every mailing, envelope and receipt.
- Contact an immigration attorney or a recognized nonprofit right away.
- Keep your address current with the immigration court and with USCIS.
- Do not sign anything you do not understand.
What if you are asked questions by immigration enforcement?
You have the right to remain silent and to speak with a lawyer. Do not sign documents you do not understand, and do not give false documents or false statements. Keep a lawyer's name and number with you if you can.
How much does an immigration lawyer cost?
Many immigration lawyers charge flat fees for defined filings, and hourly or retainer fees for court cases. Government filing fees are separate from attorney fees, so ask for both numbers in writing. Fees change, so confirm the current government fee schedule on the USCIS website.
Some lawyers offer free or low-cost first consultations. See how much does a lawyer cost for how fee structures work.
Where can you find free or low-cost immigration help?
The Department of Justice publishes lists of pro bono legal service providers by state, and USCIS links to lists of accredited representatives and recognized organizations. Nonprofit legal aid groups and law school clinics also help many applicants.
Our guide to finding a lawyer you can afford covers the main options.
How do you find an immigration lawyer near you?
Browse the immigration lawyers in the directory, or search by city or distance. Ask whether the lawyer works in your language, and use these questions at the first meeting.
Frequently asked questions
Do I legally need a lawyer to apply for a green card?
No. You can file on your own. A lawyer is worth considering when your case has complications, such as past immigration violations, criminal history, a denied application, or a waiver request, because errors can cause delays, denials or worse.
Who is allowed to give immigration legal advice?
Attorneys in good standing and DOJ-accredited representatives who work for DOJ-recognized organizations, plus law students or graduates supervised by one of them. Foreign attorneys can represent you only in matters outside the United States. USCIS says notarios, visa consultants and form preparers outside these groups cannot represent you or give legal advice.
Can an attorney licensed in another state help me?
Often yes. Federal immigration practice is open to attorneys in good standing in any state. Confirm the license in the state where the attorney is admitted. See how to check a lawyer's license.
Where can I find free or low-cost immigration help?
The Department of Justice publishes lists of pro bono legal service providers by state, and USCIS links to lists of accredited representatives and recognized organizations. Nonprofit legal aid groups also help many applicants.
What should I do if I get a Notice to Appear?
Do not ignore it. It tells you to appear before an immigration judge. Contact an immigration attorney or a recognized nonprofit as soon as possible, and keep every notice you receive.
Sources
This guide is general information, not legal advice, and it does not create an attorney-client relationship. Laws and deadlines change and differ by state, so confirm the details with a licensed attorney.
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