Immigration Resources

Working with an Immigration Attorney

When to Work with an Immigration Attorney

ISSO advisors can only directly advise on your F-1 or J-1 international student visa status in the United States. Complex immigration situations and questions will likely require the assistance of a professional immigration attorney. Common situations requiring immigration attorney consultation include:

Arrest, citation, or other legal concern in the United States
Changing into or out of F-1/J-1 status from another immigration status in the United States
Planning for or applying for permanent residency ("green card"), including:
- National Interest Waiver (EB-2)
- Marriage to U.S. citizen or permanent resident
Starting own business in United States

What Immigration Attorney Should I Work With?

ISSO does not recommend or endorse a particular immigration attorney. As immigration is governed federally, an immigration attorney can generally be based anywhere in the United States and assist a client.

The American Immigration Lawyers Association (AILA) has created a database where you can search for immigration attorneys based on practice specialty, location in United States, or language spoken.
Student Legal Services, a part of the Dean of Students Office, is a great (FREE!) resource on-campus for enrolled students.

What Should I Consider When Working with an Immigration Attorney?

The information below provides general tips about choosing and working with an attorney to better prepare you for your experience. Carefully select an attorney based on your needs and ask about the fees for legal assistance before arranging a consultation.

Before meeting with an immigration attorney

Gather all your documents related to the issue that you are seeing the attorney about.
There is a lot of false information on the internet. Seek reliable sources such as government webpages and ISSO’s homepage for information about the immigration topic you need to discuss. You can meet with an ISSO advisor to learn about basic immigration regulations.

Choosing your immigration attorney

Remember that many immigration attorneys are good, but some are not.
Seek an attorney that specializes in your area of need, such as E, F, H, J, L or TN.
Do not judge any attorney based on his/her cost.
Although immigration attorneys can be chosen from anywhere in the U.S. If you are going before local judges, it is recommended to choose an attorney close to home.

Meeting with your immigration attorney

Set up an initial consultation and have your attorney give you a preliminary analysis of your case and a plan of action.
If the attorney does not seem to know much about your case, have him/her refer you to another attorney that specializes in your area of need.
Be honest with your attorney, conversations between you and your attorney are confidential.

Costs

Hourly: Attorneys may charge for each hour that he/she and their staff spend working on your case.
Flat fee: For routine cases attorneys may charge a flat fee so that you can agree that this is the exact amount you will pay for their services.
Combination: For more complicated cases, the attorney may not have a flat fee, so they would ask for a fee and then charge by the hour.
If your attorney charged you an initial consultation fee, be sure to ask whether the fee is deducted from the total legal fees if you decide to retain the firm.

Additional Costs

Photocopies: Law firms often charge for copies they have to make of documents relevant to your case.
Filing fees: You may be responsible for paying government filing fees. Be sure to find out how much the filing fees are and when they must be paid.
Translations, evaluations etc.: In certain cases, you may need to pay to have documents translated.

Retainer

After initial consultation, attorneys will send you a retainer agreement to sign.
The retainer formalizes your relationship with your attorney, establishes the case details, determines the cost, and when you are expected to pay.
Read the entire retainer carefully and understand the terms before you sign.

Working with your attorney

You are still responsible for your immigration status, so ask about your case when you have questions.
Make sure the attorney provides you copies of everything.
Never let anyone retain your original passport.
Keep ISSO informed about any contact and progress with immigration attorneys.

Changing Immigration Status in the United States

Applications to change immigration status within the U.S. are adjudicated by U.S. Citizenship and Immigration Services (USCIS). The USCIS website has many resources available to applicants: