A thorough consultation is the first step of any immigration case. A consultation is a collaborative process. The lawyer may have the expertise, but they need to know more about the client’s background and goals before they can find the right solution. A successful consultation happens when the lawyer asks the right questions, and the client answers thoroughly and honestly.
If you are thinking about hiring an immigration lawyer and are wondering how the consultation will go, here are a few big questions that any competent lawyer should ask.
What does the client want to accomplish in life?
This seems like such an pointless question, but everyone has different reasons for going to the United States. Sure, the end goal for many may be as simple as becoming a U.S. citizen. However, just as many people only wish to be in the U.S. for a few years to accomplish a specific goal. Those who are already in the U.S. may change their mind about their stay, or they may be at risk of losing status due to any number of immigration violations.
Sometimes, a client’s specific background makes the ideal immigration benefit either impossible or cost prohibitive. In these situations, an alternative may nevertheless help client accomplish their goals with compromises.
Asking the client what they want to accomplish in life is a broad, but often helpful, starting point for a consultation. We sometimes have clients starting consultations already determined to pursue a specific visa, but changed their mind after sharing their goals and hearing our advice.
As a side note, we think this is the sensible way to practice. Understanding clients’ goals on a more personal level helps us approach cases with more intelligence and flexibility. We can set better expectations and anticipate challenges.
What are the clients’ strengths and pain points?
After learning the client’s goal, the lawyer will want to know more about the client’s backgrounds to gauge their chance of obtaining appropriate immigration benefits or reliefs.
Questions will vary depending on the relevant benefits or reliefs. What are the client’s educational background and professional experience? What are their accomplishments? Who are their family members? What were the circumstances of previous visits to the United States, if any? If they were persecuted, what were the circumstances?
At the same time, the lawyer will also want to learn about every infraction that might become obstacles in the client’s immigration process. Previous visa violations, misrepresentations, criminal charges or convictions can all slow down the case or even remove entire options.
If the lawyer is thorough, this topic could take up the bulk of the consultation. Depending on the immigration benefits sought and complexity of the client’s background, the lawyer would ask many detailed questions to narrow in on the best options.
How easily can the client obtain supporting documents?
Being eligible for an immigration benefit is one thing. Providing supporting documents to prove eligibility is quite another. Immigration lawyers want thorough documentation, because they understand that any missed document could slow down or even ruin the case.
Our firm follows every consultation by sending clients with a standard list of supporting documents based on case type, but we discuss supporting documents in detail during consultation anyway. Every client’s situation is different. While immigration agencies try to standardize documents they like to review, almost no one fits those standards perfectly. Discussing supporting documents early helps us identify deviations from those standards and find alternatives early.
The Rest of the Consultation
If the lawyer exhausts their questions, they should be ready to provide some answers. They should be able to identify solutions, if any. They should be able to provide a rough estimate on chance of success, though many are understandably reluctant to give specific figures. They should be able to discuss steps to take from beginning to end, possible challenges, documents to collect, cost, and consequences of case denial.
Again, a consultation is both a conversation and a collaborative process. Each party has something to offer. If your lawyer doesn’t ask you a whole lot of questions, seemed dead set on the solution without really understanding who you are and what you want, be very careful with their advice. Conversely, be ready to share relevant information about yourself. The more you can provide, the you can help your lawyer help you.
Shiao PLLC is an immigration law firm based in Washington, D.C. We emphasize honesty and thoroughness to deliver the best results for our clients. If you need immigration help, contact us.