Questions to Ask Your Immigration Lawyer
Questions for a first consultation with an immigration lawyer, covering how they are licensed, what options exist in your situation, what the work costs, how long it takes, and what happens if the case is denied. Written for someone hiring their own lawyer or a lawyer for a family member.
The questions
Open any question for the note
Are you a licensed attorney, and which state bars are you admitted to?
Why ask it
A licensed attorney answers with the state and a bar number you can check yourself. Watch for answers that substitute a different title, such as consultant, notario, or accredited representative, since those roles cannot represent you in every forum and some cannot represent you at all.
How many cases like mine have you handled in the last two years?
Why ask it
Recent volume matters more than years in practice, because policy and processing shift. A lawyer whose work is mostly family petitions may have filed very few asylum claims, and the honest ones say so and tell you who they refer to.
Who in your office will actually do the work, and can I meet them?
Why ask it
Much of the drafting and evidence gathering is often done by paralegals or junior associates, which is normal. What you want to know is whose name goes on the filing, who reads your documents, and who picks up the phone when something changes.
Based on what I have told you, what options do I actually have?
Why ask it
A careful answer names more than one route, says which is strongest, and points to the facts that would change the ranking. Someone who names a single path without asking follow-up questions about your entries, dates, and family has not listened to your history yet.
What in my history could hurt my case?
Why ask it
This is the answer to listen to hardest. An old overstay, an arrest, a prior denial, a misstatement on an earlier form, or a period of unauthorized work can each reshape the strategy. A lawyer who says there is nothing to worry about before reviewing your paperwork is guessing.
What is your fee, exactly what does it cover, and what would trigger an additional charge?
Why ask it
Ask for the boundary, not the number. Flat fees often cover one filing and stop at a request for evidence, an interview, an appeal, or a second attempt, and finding that out later is where clients feel misled.
What government filing fees and other costs should I budget beyond your fee?
Why ask it
Filing fees, biometrics, medical exams, certified translations, civil documents from abroad, and courier costs can add up to a sizeable second bill. A lawyer who handles your case type routinely can list these from memory.
How and when do I pay, and what happens to the money if the case ends early?
Why ask it
You are looking for a payment schedule tied to stages of work and a written answer about refunds if you withdraw or the case closes. Pressure to pay everything up front, in cash, before any document is drafted, is worth pausing on.
What is a realistic timeline from signing to a decision, and where does the waiting usually happen?
Why ask it
Most of the wait is at the agency, not at the lawyer's desk, and a useful answer separates the two: weeks to prepare, then months or years in a queue they do not control. Precise promises about government timing are a warning sign.
What documents do you need from me, and which ones are usually hardest to get?
Why ask it
The answer tells you what to start on this week. Birth records, police certificates, and documents from a home country can take months, and knowing that early prevents a finished file sitting idle waiting on one certificate.
Which steps require me to appear in person, and where?
Why ask it
Interviews, biometrics appointments, and hearings often mean travel and time off work, sometimes to a different city or a consulate abroad. Knowing the list up front lets you plan leave and childcare instead of scrambling on two weeks' notice.
How will we communicate, who do I contact between updates, and how long do replies usually take?
Why ask it
Set this expectation while you are still choosing. A named contact and a stated response window, even a slow one, is better than an open promise to be available, which is the most common complaint clients have about immigration counsel.
Can I travel while my case is pending, and what should I do before booking anything?
Why ask it
For some filings, leaving the country abandons the application or triggers a bar on return. You want a clear rule for your specific case and an instruction to check with them before buying a ticket, not a general reassurance.
What do I need to tell you if I move, change jobs, marry, divorce, or am arrested?
Why ask it
Several of these carry reporting deadlines, and an address change alone can decide whether you receive a notice that a missed response would cost you the case. A good answer includes the deadline and how to send the update.
What should I avoid doing while the case is open?
Why ask it
Specific guidance here is more useful than anything on a website: unauthorized work, filing a second petition yourself, signing something at a consulate you have not read, posting details publicly. Vague caution suggests they have not thought about your facts.
If the decision is a denial, what are the next steps, and what do they cost?
Why ask it
Appeals, motions to reopen, and refiling all have deadlines measured in days or weeks and are usually billed separately. Asking now means you learn the plan and the price before you are reading a denial notice with a clock running.
Is there any part of this that would be better handled by a different lawyer?
Why ask it
The most useful answer is a candid one: cases that touch criminal history, deportation proceedings, or employment sponsorship often need a different specialty. A lawyer willing to name the limits of their practice is telling you something reliable about the rest of their answers.
How do you store my documents and personal information?
Why ask it
You are handing over passports, medical records, and sometimes an account of persecution or abuse. Ask where files live, who in the office can see them, and how they send documents to you, since email attachments of full case files are still common.
If you become unavailable, who takes over my file, and how would I get my documents back?
Why ask it
Solo practices and small firms carry real risk of illness, retirement, or closure mid case. A firm answer names a covering attorney or a plan; a shrug means you should keep your own copies of everything you hand over.
What do clients in my situation usually not think to ask?
Why ask it
This invites the practical knowledge that does not fit on an intake form, such as which document to request early, which appointment cannot be rescheduled, or which common step people get wrong. A blank answer late in a good consultation is itself informative.
Using an immigration consultation well
Practical guidance for the conversation itself
Before the consultation
Write your dates down first
Immigration advice depends almost entirely on dates: every entry and exit, every status held and when it expired, every application filed and its outcome. Bring a single page listing them. An hour spent on this makes the consultation about strategy instead of reconstruction.
Bring the paperwork, not a summary
Passports with stamps, prior receipt notices, denial letters, court documents, and any form you signed. Clients frequently misremember which form was filed, and the receipt number settles it.
Check the licence yourself
State bar sites let you confirm admission and see public discipline records in a few minutes. Do it before you pay a retainer rather than after.
What belongs in the written agreement
- The scope: which filing or filings the fee covers, stated as specific forms or stages.
- What falls outside the scope, with the price for each add-on, especially responses to requests for evidence, interviews, appeals, and refiling.
- The payment schedule and what happens to unearned fees if you withdraw or the case ends early.
- Who your primary contact is and how you will be told about receipts, notices, and appointments.
- Whether government filing fees, translations, and medical exams are billed separately, which they usually are.
Signals worth slowing down for
Anyone guaranteeing an outcome
No lawyer controls the adjudicator, the queue, or a policy change. A promised approval is a sales claim, not a legal opinion.
Unlicensed help
Notarios, immigration consultants, and travel agencies offering to prepare filings are not lawyers, and in many countries the word notario implies a legal role it does not carry in the United States. Errors on a form filed this way still belong to you.
Advice to leave anything off a form
A suggestion to omit an arrest, a prior marriage, an earlier application, or a period of work is advice to misrepresent, which carries consequences far worse than the fact being hidden.
No written agreement
If nobody will put the scope and fee in writing, you have no way to hold anyone to either.
After you hire someone
- Keep your own copy of every document you hand over and every filing sent on your behalf.
- Save the receipt number for each filing and note where you can check status yourself.
- Report an address change promptly, since notices go to the address on file and a missed response can close a case.
- Ask for a copy of the complete filing before it is sent, and read the answers written in your name.
- Ask before booking any travel while a case is pending.