Immigration Attorneys Share Tips for Seeking Legal Assistance During Uncertain Times

The rapid changes in immigration policies under the Trump administration have left many immigrants feeling uncertain and fearful about their futures. Attorneys can help you navigate the immigration system and explain your options, especially if you lack legal status.

There are free and low-cost legal services available. However, without knowing how to find a qualified attorney or accredited representative, immigrants are often left vulnerable to predatory scams.

Borderless Magazine spoke with immigration attorneys and compiled legal aid resources and tips to answer your questions about seeking legal assistance. Katherine Del Rosario, a family-based and employment-based immigration attorney at McEntee Law Group and co-founder of Alliance for Immigrant Neighbors (AIN), and Enrique Espinoza, a staff attorney at Illinois Tech Chicago-Kent College of Law, share their expertise to help you make informed decisions during periods of uncertainty.

This article is for educational and informational purposes only and should not be construed as legal advice.

When do I need an immigration lawyer? 

Contacting an immigration attorney should happen as soon as the individual immigration status is at risk or becomes an issue—whether because they entered undocumented, overstayed their visa, or if their case is taking longer than expected, said Espinoza.

The most obvious time to seek an immigration attorney is when ICE “picks you up,” but ideally, it should happen earlier, Del Rosario said. With the rapid pace of immigration policy changes, she suggests seeking legal advice as soon as possible. Whether you’ve been in the U.S. for decades or just arrived, an attorney can help you understand what options are currently available to you.

Although having an attorney is not a requirement for undocumented individuals, Del Rosario recommends reaching out to one for legal advice to learn your options on how to protect yourself at work, in public or at home from the threat of deportation.

“You’re already in a precarious position where you don’t have legal status,” said del Rosario. On top of that, the immigration system is already super complicated and changing daily under this administration. The forms change. The fees change. In general, it’s a lot for anyone to navigate.”

In general, it is a good idea to seek out an immigration attorney when dealing with:

• Family separation
• Family reunification
• Visas (such as EB-5 investment-based visa, H-1B work visas, F-1 student visas or K-1 fiancé visas)
• Permanent residency
• Employment issues
• Deportation
• Detention
• Application denial
• Naturalization
• Discretionary relief
• Asylum application

Attorneys can review an individual’s case and discuss potential legal relief, if any, based on their current situation and the current law.

Even if you’re legally in the U.S., an immigration lawyer can provide advice to help protect your status or answer questions about potential threats to your status and deportation.

Am I going to expose myself by consulting an attorney?

The short answer is no. Espinoza says qualified attorneys should be able to keep immigration status and other information private. 

A contract between a client and the attorney is a confidential agreement, so clients wouldn’t be exposing themselves by seeking legal advice, he said. 

However, Espinoza cautioned that submitting documents to a government agency could sometimes carry some risk as it would inform the government of an immigrant’s presence in the U.S. With their attorney, clients need to carefully consider whether submitting an application could place them at risk based on current enforcement trends and should make the final decision about whether to proceed with an application after understanding the potential risks.  

What kinds of scams and red flags should I look out for when seeking immigration legal help?

Only two types of professionals are legally able to provide legal advice in immigration law: a licensed immigration attorney or an accredited representative, who are practitioners authorized by the Department of Justice (DOJ) to represent individuals in immigration legal matters. 

Espinoza and Del Rosario emphasized the importance of avoiding “notarios,” or notary publics, which cannot legally represent clients in court or give legal advice.  

One clear sign of a potential scam is if the legal service provider fails to provide a written contract to their clients that clearly outlines terms of service and pricing. 

“A contract should be very clear where they’re telling you what scope of services they’re providing you, whether it’s only the filing of this application or the extent of whatever might come after that,” said Espinoza.

Another red flag is if the legal services provider guarantees a specific outcome. Immigration attorneys prepare the strongest application possible, but ultimately, the decision comes down to the officers of the agency tasked with reviewing the application, said Espinoza.

Individuals who suspect fraud and/or other possible illegal practices related to immigration services can report them to Chicago’s 311 system. 

For more information on how to protect yourself when seeking legal immigration help, review the recommended best practices of the Chicago Department of Business Affairs and Consumer Protection (BACP). 

What should I do once I find an immigration lawyer? How do I know if a lawyer is a good fit?

It is advisable to seek someone who can communicate clearly in your preferred language or offers translation services, Espinoza said. 

It’s important to ensure that the attorney you choose is experienced in the specific area of law relevant to your situation, he said. 

For example, if you are concerned about protecting your assets in the event of deportation, an attorney with expertise in real estate law would be ideal. If custody of your children is a concern in the case of deportation, a family law attorney would be the most appropriate choice rather than an immigration attorney

What rights do I have when working with an immigration lawyer?

You have the right to shop around for an attorney based on your budget and other factors, Del Rosario said. You also have the right to switch attorneys if they do not meet your needs. That might look like failing to respond to your messages or calls promptly or if they are just not a good fit for your case.

“Just because you started with an attorney doesn’t mean that you have to finish with them,” Del Rosario said.

Clients also have the right to:

• Request proof of an attorney’s and accredited representative’s qualifications, such as their city license or accreditation.
• A full explanation of the services to be performed that includes an identification of all costs. 
• A statement assuring you that all your documents will be returned to you upon completion. 
• A statement that you may rescind the contract within 72 hours. 
• A formal contract that includes all services to be performed and all costs. 
• request documentation in your preferred language, especially contracts
• Clarification on any terms or provisions you do not understand

Where can I find free or affordable immigration lawyers? 

Fees for legal services should be clearly outlined in a contract between the attorney and client and should specify what those fees cover, Del Rosario said. 

In many cases, a flat fee will cover the entire services involved in filing a case, but may not include any additional work that might arise, such as responding to the government’s request for further information. 

Espinoza recommends seeking referrals from people in your community who have successfully worked with an immigration attorney. However, he cautioned that every case is unique, so you still need to assess whether the attorney is the right fit for your situation. There is no guarantee that you will achieve the same outcome as a friend or relative who worked with the same attorney.

To find an immigration lawyer, people can visit the American Immigration Lawyers Association (AILA) website, where they can search for attorneys based on location, area of expertise, and language spoken. 

The Illinois Coalition for Immigration and Refugee Rights offers various resources, including the Illinois Immigration Services Directory, which they last updated Sept. 2024.

Del Rosario’s all-woman non-profit, AIN, offers low-cost, fixed-rate immigration legal services.

Local neighborhood organizations might offer low-cost or free immigration legal assistance. For example, Brighton Park Neighborhood Council offers free legal services through Beyond Legal Aid to individuals in the 60629 and 60632 ZIP codes.

Here are some other places you can find free or low-cost immigration legal assistance/;

• National Immigrant Justice Center 
• The Executive Office of Immigration Review’s list of pro bono legal service providers
• Illinois Access to Justice
• Erie Neighborhood House
• The Resurrection Project
• Illinois Tech Chicago-Kent College of Law
• Catholic Charities of Chicago (offices in Chicago, Waukegan, Des Plaines and more)
• Chinese American Service League 
• Council on American-Islamic Relations (Chicago Office) 
• Syrian Community Network

This article is for educational and informational purposes only and should not be construed as legal advice.

Aydali Campa is a Report for America corps member and covers environmental justice and immigrant communities for Borderless Magazine. Send her an email at [email protected].