After graduating, international students go in many different directions. Some return home to work; others go to graduate school in the States or abroad; others may end up marrying a U.S. citizen and hope to live permanently in the U.S.
Depending on what you want to do, you may need to seek legal counsel regarding your immigration status. Applying and attending graduate school is easy enough, but what if you take a job and want to change your status?
After you graduate from Roger Williams University, the Intercultural Center can no longer advise you on immigration matters (except for the time when you are on our OPT sponsorship). If you need assistance or have questions about staying in the U.S. legally, it may be helpful to talk to an immigration lawyer.
Locating a good immigration attorney is important. You will likely spend considerable time and money working with your attorney. As with any important decision, do your research and make an educated choice. Immigration law is complex and changes frequently. Attorneys, also called “lawyers,” are trained in graduate school and licensed by states to practice law. Most attorneys select an area of specialization such as immigration, patents, wills and probate, or litigation. An immigration lawyer should have a thorough understanding of laws and procedures that pertain to non-US citizens. A good attorney who specializes in immigration law will present you with the legal options that are available to you and can correctly prepare and file immigration petitions.
There are many situations where a person can successfully file a petition with the US Citizenship and Immigration Services (USCIS) without the help of an immigration attorney. Family-based permanent residency application (i.e. based on marriage to a US citizen) is one such example. If you decide to file a petition on your own, you may want to pay for an initial consultation with a qualified lawyer to get you started. You must become completely informed about the procedures and requirements of your particular petition type and be prepared to begin early to allow ample time for each step of the process. Begin by visiting the USCIS website at http://www.uscis.gov/ for forms and general information.
Finding An Immigration Attorney:
- The Rhode Island Bar Association Lawyer Referral Service and Reduced Fee Program http://www.ribar.com/public/needalawyer.asp.
- American Immigration Lawyer’s Association (AILA) Immigration Lawyer Referral Service http://www.aila.org/. AILA is a national bar association of over 7,500 attorneys who practice immigration law. To access the AILA referral Service, use the web-based search, call (800) 954-0254 or email ilrs@aila.org. Give your name, location and the reason you need an immigration lawyer. You will be given the contact information of a local lawyer who specializes in your area of need. When you contact the lawyer, mention that you used the AILA Immigration Lawyer Referral Service and ask about their “initial consultation fee.”
- American Bar Association (ABA). For general information about the legal system and hiring an attorney, visit the ABA website at www.abanet.org/public.html.
- International Institute of Rhode Island (http://www.iiri.org/). The IIRI primarily works with permanent residency and citizenship cases.
- Friends and Colleagues. As an international student, you may know someone who previously used the services of an immigration attorney. Seek out the informed opinions of friends and colleagues to obtain the attorney’s name and contact information, the type of petition filed and your friend’s level of satisfaction.
- Yellow Pages. Check the Yellow Pages of the phone book or http://www.yellowpages.com/ and type “attorneys.”
Be careful! Make sure you choose a reputable lawyer and make sure you ask about fees before you seek any counsel. Attorney fees can be very expensive, but in many cases, a lawyer might give you an initial counsel at a reduced cost.
Questions to Ask
Below is a list of questions that may be helpful to you when contacting a lawyer.
How long has the attorney been practicing immigration law; how much work is immigration related?
Find an attorney who does all or most of his/her work in immigration law.
How much experience does the attorney have in your particular type of immigration case?
Will the attorney offer an initial consultation before you hire her to take your case?
If so, be sure to find out how much the consultation will cost and how long will it be.
How will you contact the attorney?
Is she accessible via cell phone, email, office phone?
Who will be handling the details of your case?
Will you contact the attorney or a paralegal with questions? What is training, experience of the paralegal?
Who will choose the attorney and pay the legal fees for an employment-based petition?
In employment-based cases, the employer may make the choice about which attorney will be used. The employer may designate either an “in house” attorney or immigration specialist who works for the company or an outside attorney who will be paid a fee by the employer. In some cases, the employer pays and in some cases the fee is split between employee and employer. An employment-based petition will involve you, the employer, and the attorney. Even if the employer pays the fees, you are also the attorney’s client. Do not be bashful about asking questions and talking to the attorney about the progress and details of your petition.
How much will it cost to hire the attorney for your case?
Rates vary significantly based on geographic location, your specific situation and other factors. Be sure to ask before the work begins what the costs will be.
Will you be charged a flat rate, or an hourly rate? If it is a flat rate, what services does the flat rate include?
For example, if an initial petition is denied, will an appeal be included in the flat rate?
Will you pay before (“up front”) or after services have been rendered?
If you pay before services are provided, how will you be assured that you case will remain a priority?