Legal Question in Immigration Law in Maryland
How do we pay for a good immigration lawyer? My husband filed for AOS through me as a USC. I believed I properly filled out the paperwork. Our interview is July 13th and we need an attorney to accompany us to the interview. There is a strong likelihood that we will have to file an appeal.
He was convicted on two separate occasions for assault causing bodily harm in a different country. We disclosed this in the I-485 and included the record of conviction. He was convicted of the misdemeanor offenses (no jail time just fines) after receiving his visa, and therefore he didn't lie on the visa application. He entered the US lawfully on a visitor�s visa several times before overstaying because of a traffic ticket he had to go to court for which he resolved.
From extensive research, I believe his case is winnable because under the statue for which he was convicted does not state intent as one of the elements and therefore he could have negligently injured the other parties which he did. Without intent it, could be argued that his offense is not a crime involving moral turpitude.I have been advised from other lawyers that this is a valid and defendable argument and have been told to contact a good local attorney.
Well, we have meek means and believed that when we filed for adjustment he would be working and saving for attorney fees at least 3 months before our interview date However, the interview date came up in 3.2 months after filing ( we assumed it would be at least 6) and he will receive his Work Authorization probably close to the time of the interview without the necessary attorney fees we think we need to hire counsel.
Do attorneys have payment plans? How should we proceed? Catholic Services and other free or discounted legal programs aren't equipped to handle inadmissibility cases. Are there any suggestions for good attorneys that will work with our case and have experience with such situations. Through internet searches I have found good reputable firms but from cursory review they seem expensive and may not have flexible financing arrangements. We are on an extremely tight budget but are willing to finance legal services however creatively it can be done? By the way, we don't have assets to sell.
1 Answer from Attorneys
Hi.
I'll answer as many of the actual questions posed and then if you'd like to discuss the merits of the matter, feel free to contact me.
"How do we pay for a good immigration lawyer?" You need to define what type of lawyer you want to represent you in this matter. Immigration cases are of critical concern as they deal with the underlying ability of families to remain together. You should consider the attorney's level of experience, their level of aggressiveness and their overall professionalism in representing clients in these types of cases. The answer to your question therefore is how much money you feel your case is worth to have that type of representation.
"Do attorneys have payment plans?" It's up to the individual attorney and their firm how payments are handled. Many firms do offer payment plans. In this matter and primarily due to the time sensitive nature and the level of representation, most attorneys will likely require a substantial sum of money up front in the form of a retainer. There is research to be done and preparation for the interview to be completed.
"How should we proceed?" Only you can make this determination. You must choose the appropriate lawyer for your case based on the above. Of most importance, it's your husband's choice as he is the applicant and the person under the scrutiny.
"We are on an extremely tight budget but are willing to finance legal services however creatively it can be done?" You may need to consider legal aid or other low cost legal services. Don't base your choice merely on cost. Many times agencies will send an representative or a non-lawyer to the interview. You need a litigator and one who won't bow to CIS. Don't settle for a non-attorney. As well, diligently review your attorney's record. The should be licensed (in any State as immigration law is federal law and therefore does not require a local state license) and not subject to discipline. Your attorney should be a member in good standing of at least a couple of bar associations and for immigration cases your attorney probably should be a member of AILA.
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