Ilustración de Jen Chavez para Borderless Magazine With rapidly shifting immigration policies under Trump, Borderless Magazine spoke with immigration lawyers in Chicago to outline tips for finding free, affordable legal aid.
Este artículo es solo para fines educativos e informativos y no debe interpretarse como asesoramiento legal.
With heightened immigration enforcement and rapidly changing immigration policies under the Trump administration, immigration experts say some immigrants face a larger risk of being detained by federal immigration agents.
We spoke with Lisa Koop, director of legal services at the National Immigrant Justice Center, and Kiki Mosley, an immigration attorney based in Chicago, to explain how to find affordable legal assistance, to make the most of working with an attorney and avoid scams.
“It’s of increased importance now [to consult an attorney] that we’re seeing the breadth and nature of [U.S. Immigration and Customs Enforcement] (ICE) enforcement, where people that maybe were low risk before are now facing possible immigration detention,” said Koop.
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Should I look for an attorney?
Mosley recommended that people who are undocumented seek a consultation to learn about their rights and the paths available to them for deportation relief.
“Anybody that does not have permanent immigration status that hasn’t done a one-on-one consultation should try it, so they’re aware of their options,” said Koop.
In general, it is a good idea to seek out an immigration attorney when dealing with:
- Separación de familia
- Reencuentro familiar
- Visas (como la visa de inversión EB-5, visas de trabajo H-1B, visa de estudiante F-1 o visa K-1)
- Residencia permanente
- Empleo
- Deportación
- Detención
- Rechazo de solicitud
- Naturalización
- Medidas discrecionales
- Solicitud de asilo
Attorneys can assess your situation and help develop a plan in case you or a family member is detained, including who will have legal authority over children if they are left behind.
Once somebody is detained, finding free legal help on short notice may be difficult, especially with kids, said Koop.
Where can immigrants find free or affordable immigration lawyers?
The Chicago Legal Protection Fund provides funding to legal service providers to provide free legal referrals and representation to Chicago immigrants. NIJC, one of these providers, offers free legal services and also has a en su línea directa for unrepresented people in the Chicago and Indianapolis Immigration Courts. The Illinois Coalition for Immigration and Refugee Rights, another provider, offers free resources — including a en su línea directa for deportation defense — to connect people to services such as free or affordable legal help.
Some neighborhood groups also offer free immigration legal help, including:
- Casa de Vecinos de Erie
- The Resurrection Project in Pilsen
- Brighton Park Neighborhood Council
- Enlace in Little Village
- Onward Neighborhood House in Belmont Cragin
Below are a few other places offering free or low-cost immigration legal assistance:
- Alliance for Immigrant Neighbors
- Arab American Family Services
- Caridades Católicas de Chicago
- Liga de Servicio Chino Americana
- Illinois Access to Justice
- Facultad de Derecho Illinois Tech Chicago-Kent
- Syrian Community Network
The Department of Justice has a list of pro bono legal service providers en cada estado.
Mosley warned that even if you find a free attorney, you are still likely responsible for the fees required by the federal government for filing certain paperwork or for court proceedings. Attorneys can apply for fee waivers for clients, but that doesn’t necessarily mean they will be granted.
Mosley warned that court and filing fees have increased, and that it has been more difficult to obtain fee waivers.
“It’s going to depend on the process, but [I recommend] having a couple thousand dollars set aside for filing fees,” said Mosley.
Attorneys can help clients outline current fees, assess fee-waiver eligibility, and plan for costs if they qualify for benefits.
What are my rights when hiring an immigration lawyer?
According to immigration legal experts and Chicago’s Department of Business Affairs and Consumer Protection (BACP), when working with an attorney, you have the right to:
- Switch attorneys if the one you are working with turns out not to be a good fit
- 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
- Aclaración de cualquier término o disposición que no entienda
¿Cómo sé si un abogado me conviene?
Attorneys recommend speaking to several attorneys to find the right fit and asking how their experience aligns with your case, whether it’s deportation proceedings or a student visa.
Consider the law firm’s language abilities. If your lawyer doesn’t speak your preferred language, ask whether multilingual staff is available to support you.
To make the most of your consultation, Mosley advises compiling all relevant information about your immigration case and experience to share with your attorney. Talk to family members to create a clear timeline of events and gather substantive, truthful information for your case, to make your consultation more effective, Mosley said.
“Small details can make a case much more straightforward or much more difficult and sometimes impossible,” Mosley said.
How can I avoid scams when searching for free legal help?
Attorneys say to avoid notaries for legal advice. They also say a red flag that a service might be a scam is when it fails to provide a written contract to its clients that clearly outlines the terms of service and pricing.
Only a licensed immigration attorney or an accredited representative — both of whom are practitioners authorized by the Department of Justice to represent individuals in immigration matters — may legally provide advice in immigration law.
To review an attorney’s credibility and reputation, you can check to see if they are listed on the state’s bar website and check to see if there are any disciplinary actions against the lawyer. You can also look up reviews from previous clients.
Los American Immigration Lawyers Association website has a tool that lets you search for licensed attorneys by location, expertise, and language spoken.
Aydali Campa es miembro de 'Report for America Corps' y cubre temas de justicia medioambiental y comunidades inmigrantes para Borderless Magazine. Envíale un correo electrónico a [email protected].
