E1AR0002@SMUVM1.BITNET (10/20/86)
Does one really need an immigration lawyer?
In most cases, no.
The immigration code is comparable to the tax code. Like the
tax code, there is an organization to administer it, the
Immigration and Naturalization Service. They have a set of forms
which get filled out to get things like permanent residence
status, etc. just like the IRS has forms for its operations.
The immigration and naturalization service regulations specify
that not only can lawyers represent those appearing before it in hearings
including deportation and exclusion hearings,
but various approved charitable organizations and others who are
friends, employers, relatives, etc. These cannot charge for
their services.
Sadly, there are no books written for the general population
as there are on taxes. This might be because only 500,000 people
get permanent residence while something on the order of a hundred
million file taxes. However, there is one book that is VERY
helpful. Even though it is written for lawyers, it is no harder
to read than an IRS instruction manual for tax forms such as
Publication 17. That is Bill Ong Hing's Handling Immigration
Cases which is put out by John Wiley. Even those planning to
get a lawyer anyway, should read this to help them understand what is
going on and make appropriate decisions.
You also might want to get copies of
Code of Federal Regulations, Section 8 (INS internal regulations) $7.00
The Immigration and Naturalization Act $6.00
Code of Federal Regulations, Section 20 (Labor Department Regulations)
(the volume containing the 600 number)
Code of Federal Regulations, Section 22 (State Department Regulations)
They are available from Superintendent of Documents, United States
Government Printing Office, Washington, D. C. 20402 as
well as government bookstores which are located in most big cities.
(If you happen to be interested in law the government bookstore are
great places to brouse and pick up all sorts of interesting and
inexpensive materials.)
Section 20 will be useful if you are getting permanent residence
based on technical qualifications.
The Immigration and Naturalization Service itself is
also a good source of information. If they are give wrong advice
they are estopped from acting it. For example, an INS office told one
student that he could work 20 hours a week off campus without
permission from the INS (not true, students off campus must get permission
on the basis of "economic necessity"). Later, they tried to claim
he was out of status. Their earlier statement was estopped and
he was allowed to remain in status. Some local offices have
long lines or have their phones continuously busy. They do answer
questions by mail quite quickly and this is a good alternative.
(It also provides written proof of the incorrect statement if one is
made inadvertantly by their office.) Getting forms by mail is also
convenient as well.
Having a lawyer do immigration matters is in most like getting
a doctor to treat sunburn, not necessary in most cases.
For exmple, it is policy in the "Foreign Affiars Manual of the State Department"
to advise people getting visas through consulates outside the
U. S. to tell them a "lawyer is not generally necessary."
For those of you interested in law and who would like to help a friend,
going through the above written material and saving him the hundreds or
thousands of dollars that immigration lawyers charge for what is essentially
filing a simple form is a legal opportunity to "practice law" without going to
law school.