How to choose a U.S. immigration lawyer
An immigration application determines whether you and your family can study, work and live in the United States, and some mistakes are hard to undo. When choosing someone to represent you, comparing prices matters less than confirming that they are qualified to provide immigration legal services, understand your type of case, and communicate clearly and charge transparently. This article offers ways to verify things yourself and a list of questions you can use to compare any law firms.
1. Verify the lawyer's license first
Immigration law is federal law. A lawyer licensed and in good standing in any U.S. state can represent clients before USCIS and the Department of State on immigration matters nationwide. How to verify:
- Check the state attorney licensing authority's website. Every state has an attorney lookup system: enter the lawyer's name to see their license number, date of admission, license status (active, inactive, etc.) and any public disciplinary record. For example, in Illinois you can search the ARDC website, and in New York you can use the attorney search page of the New York State court system;
- Confirm the license status is "active." People who are retired, suspended or disbarred cannot represent clients;
- Watch the spelling of the name. Chinese names can be romanized in several ways; if necessary, ask for the license number;
- A foreign legal qualification is not a U.S. law license. A legal qualification obtained in China or another country generally does not allow someone to represent immigration cases in the U.S. (federal regulations allow exceptions only in very limited situations abroad).
2. Lawyers, authorized representatives and "immigration consultants"
Under federal regulations, the people who can represent immigration cases before USCIS and give immigration legal advice are mainly of two types:
- Attorneys: licensed and in good standing in a U.S. state or the District of Columbia;
- Accredited representatives: people who work for a nonprofit recognized by the Department of Justice (a recognized organization) and are accredited by the Department of Justice's Executive Office for Immigration Review (EOIR).
"Immigration consultants," "visa consultants," "immigration agencies," and people in the U.S. who call themselves a "notario" or "notario público" cannot give immigration legal advice or represent you unless they fall into one of the two categories above. In some Latin American countries, a notario is a legally qualified professional; but in the U.S., a notary public can only witness signatures and has no authority to provide legal services. This misunderstanding is often used to defraud people.
USCIS's Find Legal Services page explains the types of legitimate service providers and is a useful reference.
Common scams
- Claiming to be a "former immigration officer" or to have "inside connections," and claiming they can speed up approval or guarantee results;
- Impersonating USCIS or government officials by phone or text and demanding "fees" via gift cards, cryptocurrency or personal accounts;
- Charging high fees just to "fill out forms," taking no responsibility when problems arise, or simply disappearing;
- Filling out forms for you without telling you what's in them, or not signing the forms as the preparer;
- Collecting deposits for "visa slots" or "special programs."
USCIS filing fees can only be paid to the U.S. Department of Homeland Security or USCIS by officially specified methods; USCIS will never call and ask you to transfer money to a personal account.
3. Questions to ask in a consultation
Experience and who does the work
- How many cases like mine have you handled? What are the common difficulties in this type of case?
- Who exactly will handle my case? Will the lawyer personally review the documents and sign the filings? What will assistants handle?
- How do you handle a Request for Evidence (RFE) or a denial? Is there an additional fee?
Fees and a written engagement agreement
- Do you charge a flat fee or by the hour? Which services are included and which aren't?
- Who pays government filing fees and third-party costs such as translation, medical exams, expert opinions and business plans?
- How many installments are there? Under what circumstances are refunds available?
- Will we sign a written engagement agreement setting out the scope of services, fees and each side's responsibilities?
Read the engagement agreement carefully before signing, and ask about anything you don't understand on the spot. A clear written agreement protects both you and the lawyer.
Communication
- Do you usually communicate by phone, email or WeChat? How quickly do you usually reply?
- Can we communicate in Chinese? Will the final English documents be explained to me item by item?
- Can I see and check all application documents before filing? How will I be informed of case progress?
4. Form G-28: confirming who your representative is
When a lawyer or accredited representative represents your case before USCIS, they should file Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative). The G-28 lists the representative's name and license information and is signed by both you and the representative. Once it's filed, USCIS also sends copies of notices to the representative.
- Confirm that your case includes a G-28 and that the representative information matches the lawyer you hired;
- The "preparer" section of the application form should truthfully name the person who actually prepared the form;
- If someone refuses to sign the form, or says "you don't need to put my name down," treat it as a warning sign.
Visa processes with the Department of State and appearances in immigration court use different representation forms, but the principle is the same.
5. Red flags
| Warning sign | Why to be wary |
|---|---|
| Guaranteed approval, "sure to pass," "full refund if denied" offered as a guarantee | The government decides; no one can guarantee the outcome |
| Advising you to lie, conceal facts or use false documents | Fraud or misrepresentation can make you permanently inadmissible, and you bear the consequences |
| Cash only, no receipts, no written agreement | If there's a dispute, you have no records at all |
| Not letting you see the application, or pressing you to sign blank forms | You are responsible for every item on the forms |
| Can't provide license information, or the license status isn't active | Not authorized to represent immigration cases |
| Claims of "inside connections" or "special channels" | There are no legitimate inside channels in U.S. immigration adjudication |
For the serious consequences of misrepresentation, see "What you must never do" in What to do after a U.S. visa refusal under section 214(b).
6. Prepare before the consultation
- Bring your passport, visa, I-94, and receipt notices and approval or denial notices from past applications;
- Put together a timeline of your travel and immigration status;
- Be truthful about past refusals, overstays, legal violations and the like — the lawyer needs complete information to give an accurate assessment;
- Write down your most important questions in advance.
If you come across unfamiliar terms, see the U.S. immigration glossary (English–Chinese).
Common questions
Does the lawyer have to be licensed in the state where I live?
For immigration matters before USCIS and the Department of State, no. A valid license in any one state is enough. But if state-law issues are involved (such as state court matters), a license in that state is needed.
Can I change lawyers partway through?
Yes. The new lawyer will file a new G-28. Before switching, confirm how fees already paid and work already completed will be settled, and ask for your case file back.
Is a more expensive lawyer always better?
Not necessarily. Compare the scope of services, who will handle the case, how communication works and whether fees are transparent, not just the price.
Will what I tell my lawyer be kept confidential?
Lawyers have a duty to keep client information confidential, and communications with a lawyer about legal matters are generally protected by attorney–client privilege. Only if you tell the lawyer the full truth can they accurately assess the risks.
Want to know how your case should be prepared and what it will cost? Book a consultation. Attorney David Wang is licensed in Illinois, New York and Massachusetts, which you can verify on the state attorney licensing authorities' websites; we sign a written engagement agreement with you before any work begins.
This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.