Office of the Provost
Q&A on the Use of Outside Attorneys
When asking about or beginning immigration work related to employment at UNCG or related to personal or family-based issues, people often wonder whether a lawyer needs to be or will be involved in the process and what form that involvement might take. The following frequently asked questions should help the UNCG department and the current or prospective employee understand the process at UNCG and the options for personal/private immigration services.
Do I need a lawyer if UNCG is sponsoring me for a work visa or lawful permanent residence?
Do I need a lawyer to prepare my immigration paperwork?
How can I find a good immigration lawyer?
How much will it cost to hire an immigration lawyer?
What information should I give to my attorney? Does my lawyer work for the Immigration Service?
Do I need a lawyer if UNCG is sponsoring me for a work visa or lawful permanent residence?
You do not need a lawyer for petitions and applications filed by UNCG. UNCG does all of its own employment-based immigration work "in-house" when UNCG is the petitioner. Any employee may hire an attorney to represent them in immigration matters, but UNCG files its own petitions and works directly with the USCIS and other government offices. No outside attorneys are authorized to represent UNCG in immigration matters. An authorized person from the Office of the Provost must prepare and submit any labor certification application, preference petition, or other immigration document for which UNCG is the employer or sponsor. We do NOT authorize outside attorneys to file petitions and applications on behalf of UNCG. If any attorney claims to represent UNCG in any immigration capacity, please notify the Office of the Provost immediately. Such attorneys may be confused about their authority to act or speak for UNCG, and that confusion could cost you money and time in a UNCG visa process.
Your personal immigration attorney can represent your interests in immigration matters relating to forms and proceedings that apply only to you, rather than to UNCG. Following are a few examples of the kinds of forms UNCG files and the kinds of forms you or your attorney might file.
Examples of UNCG sponsored documents that UNCG will file and that your immigration attorney cannot file:
- Form I-129 for H-1B, H-3, O-1, TN, or similar employment-based status.
- Form I-140 for employment-based Lawful Permanent Resident (LPR) status. [Note exceptions below.]
- Form I-907 for expedited processing of a UNCG petition or application.
- Form I-824 for reissuance or consular notification of a UNCG petition or application.
- DOL Form 9089 for alien labor certification.
Examples of personal filings that belong to you, and that you or your attorney may file:
- Form I-129F for the fiancé, fiancée, or spouse of a U.S. citizen.
- Form I-130 for family-based LPR.
- Form I-131 for Advance Parole to allow you to travel while certain immigration processes are pending.
- Form I-140 for self-petitioned employment based LPR in the "Extraordinary Ability" or "National Interest Waiver" categories. Note that these petitions can be filed in two ways. If UNCG is the "petitioner" in item 1 of the form, then UNCG must file the form. If you are the "petitioner" in item 1, then you or your attorney may file the form.
- Form I-765 for work permission. Note that UNCG’s Office of International Programs helps you file this application if you are a UNCG student in F-1 status requesting Optional Practical Training.
- "212(e)" waiver of the J-1 2-year home country physical presence requirement if you are filing based on "no objection" from your home government, persecution, hardship, and similar grounds that relate only to you. Examples: 1) you must request the "no objection" statement from your government; 2) you must prove persecution or hardship.
- Form I-485
for adjustment of status to Permanent Resident
There are many other forms that you may file for yourself or your family.
Do I need a lawyer to prepare my immigration paperwork?
We cannot answer that question, but we can give you some items to consider.
- You are not required under immigration law or regulations to have an attorney prepare your paperwork. You have the right to do it yourself in the same way that you have the right to file your own tax returns.
- The USCIS web site provides a great deal of information and copies of USCIS forms and instructions.
- All of the information and forms can be confusing and ever-changing, the titles of the forms can be misleading, and the immigration laws and regulations are complex. It is not as easy as it seems to select the right form, fill it out correctly, and file it with all the accompanying documents at the proper USCIS office.
- You have the right to hire an attorney to help you with your immigration work and to be present with you at most USCIS interviews.
What can a lawyer do for me?
While only attorneys employed by UNCG may represent the University, you may wish to employ your own personal attorney to represent your interests in immigration matters relating to the sections of the forms and proceedings which apply only to you. The American Immigration Lawyers Association (AILA) provides information on local immigration attorneys who can help you. This information can be found on the AILA web site at http://www.aila.org/.
- A good immigration lawyer can and should be willing and able to advise you on the immigration options available to you; and
- can help you make decisions about what is best for you in your circumstances;.
- A lawyer can make sure that the correct forms are filled out in the proper way and are submitted in a timely manner to the appropriate government offices;.
- A lawyer should serve as your advocate and be willing and able to appeal an unfavorable decision by the USCIS or to go to court, if necessary, to argue in your favor; or
- An immigration lawyer should be willing and able to refer you to other qualified lawyers in immigration law or in other specialized fields such as family law, criminal law, tax law, and business law, when necessary.
There are certain things that a lawyer cannot do for you. A lawyer cannot:
- file papers for you that are not true; or
- legally get you an immigration status for which you do not qualify; or
- change your "priority date," or put you ahead of someone else in the waiting line for an immigrant visa or similar immigration benefit.
Will UNCG pay attorney fees?
UNCG is not responsible for your attorney fees. As mentioned above, UNCG files its own nonimmigrant petitions, immigrant petitions in cases qualifying as Outstanding Professor of Researcher, or immigrant petitions supported by alien labor certifications that qualify for special handling provisions. We do this as a service and benefit at no cost to the employee. In most cases, if UNCG is filing for an immigration benefit for you, your costs will be minimal. You will not need to pay an outside attorney to prepare or submit UNCG-sponsored nonimmigrant petitions, the immigrant petitions identified above, or Department of Labor applications.
If you choose to hire an outside attorney to prepare your personal immigration paperwork, you must cover all of those costs. That attorney works for you, not for UNCG, in the same way that attorneys that handle your estate planning or your traffic tickets work for you.
How can I find a good immigration lawyer?
In North Carolina we are lucky to have a very active and informed American Immigration Lawyers Association (AILA) chapter. AILA provides a referral service on its web site.
Be a careful consumer. We recommend that you consult the AILA list before choosing an attorney and that you ask your attorney for references from colleagues at UNCG or other academic institutions before signing a contract for services. If an attorney "guarantees" you a visa or a green card, get a second opinion from another attorney. Only the U.S. government can grant immigration benefits. Attorneys do not have the power to grant immigration benefits, so they cannot guarantee you a specific result. An immigration attorney can help you request benefits to which you are entitled in a way that is likely to be successful.
How much will it cost to hire an immigration lawyer?
Ask about costs and fees. Most reputable attorneys will be willing to discuss costs and give you a rate schedule in advance of your signing a contract. Here are some issues to consider and items to look for in comparing costs:
- Some attorneys bill by the hour. Others bill by the kind of work done, such as a set rate to file an application for adjustment to lawful permanent resident status with accompanying documents and forms. Others bill by the kind of form filed, such as charging one fee for filing the form for adjustment of status and different fees for filing the accompanying requests for work and travel permission.
- Some attorneys include filing fees in their own fee structures. Others add the cost of filing fees to your bill. USCIS generally charges filing fees for all petitions and applications.
- Some attorneys include express mail and other mail costs in their own fee structures. Others may add the cost of express mail to your bill.
- Some attorneys include the costs of ongoing consultation in a set fee. Others will bill for each time they talk with you on the telephone, make a telephone call in your behalf, or take any other action on your case.
- If USCIS asks for additional information or if the petition or application is denied, the attorney may charge an additional fee to prepare and submit that information or to file an appeal to a denial.
- Most attorneys want to succeed in getting you the immigration benefits you want, and will work with you to set up payment schedules and agreements. If you are in the middle of an immigration process and you fail to pay the attorney per your agreement, the attorney has the right to stop work on your case, even if that would have a negative effect on your immigration process.
- Be sure you and your attorney understand clearly what you want the attorney to do, what your obligations are regarding providing necessary documents, exactly how the fees are structured, and how and when you are expected to pay for services.
Lawyers are expensive. I am not sure I want to spend that much money. Couldn’t I just do most of the work myself and hire a lawyer if things get complicated or I get into trouble?
You must make decisions based on your circumstances, but remember that your immigration status affects your whole future. In the same way that you made careful choices about how to use your resources to go to school, or to undertake your post-doc, or to settle down and build your career, so, too, should you make a careful decision about the use of your resources for immigration work. Your ability to live and work in the U.S. when you need to affects all of those other choices.
If you are a professor or researcher, think about your area of specialized knowledge and research. Think about how complicated your job is, and how much more you know about your job than someone who has not had your experience and training. That is how much more an immigration lawyer knows about immigration law. And that same comparison applies to the related training of immigration lawyers. Some are new to the field and just learning themselves. Others have many years of relevant experience in specialized areas.
Of course you can probably do some things yourself. Hundreds of thousands of people do their own address reports to USCIS when they move, but filling out that one-page form is very different from putting together petitions or applications for lawful permanent residence with their multiple forms with multiple pages and their reams of supporting documents.
As with all other legal matters in your life, you must make reasoned decisions about the level of help you need and the cost/benefit issues involved.
Should I look for an attorney who is in my state or area of residence or in the area where I intend to live or work in the future? Does it matter?
Immigration law is a "federal" practice and it is primarily "administrative" law. That means that the laws and regulations are the same across the nation, and that most of the work is managed by civil servants, not by judges. For example, an attorney in North Carolina can help you file an H-1B petition in Maine, Florida, Alaska, or Hawaii. Most immigration work is handled at one of five USCIS "Service Centers" spread across the U.S. Each service center may have its own preferred ways of preparing and submitting cases, but this information is public. Immigration attorneys are aware of these differences and of the need to do proper filings. In very complex cases that go beyond the administrative level into federal court, there are some variations of interpretation of the law in the different federal court districts. Immigration attorneys who take cases to the federal courts should be well aware of these variations and how they might affect your case. They should be admitted to the bar, licensed, or otherwise authorized to bring your case to court in a particular area if necessary.
Some people choose to work with a local attorney so that they can easily have face-to-face meetings. Others choose to work with an attorney in an area to which they plan to move. Still others select an attorney based on area of expertise.
What information should I give to my attorney? Does my lawyer work for the Immigration Service?
Your immigration lawyer works for you. The relationship among the client, the attorney, and the government differs in different countries. In the U.S., immigration lawyers must work with the USCIS to accomplish your goals, but they do not work for the USCIS. Immigration lawyers are required to keep confidential the information you share and to provide you with the best possible service. For example, if you have violated your visa status, it is the attorney's job to help you return to lawful status if that is possible and if that is what you want. It is not the job of the attorney to report you to USCIS, regardless of whether or not you decide to hire that attorney to represent you.
Give accurate and complete information. Most attorneys use an "intake" or "data collection" form to collect the information they will need to represent your interests. Answer those questions truthfully and completely. Tell the immigration lawyer what your real immigration goals are. Discuss short-term and long-term goals. Sometimes a short-term solution can destroy your long-term options. Your lawyer needs to know "the whole story" in order to do a good job for you.
Tell your lawyer the truth, even if you think it might hurt your case. Remember that the U.S. legal system expects people to tell the truth and punishes people who make false statements or provide false documents to obtain benefits. In some countries the problems created by making a false statement or presenting false documents can be solved by giving up the benefit or paying a fine or fee or having someone important "make the problem go away." U.S. law considers using false statements and false documents a serious offense that cannot be "fixed." In immigration law, the punishment can include imprisonment and deportation from the U.S. USCIS can put your name on a list that notifies every port-of-entry to turn you away if you try to enter the U.S. This kind of exclusion can last for years or forever. Your attorney needs to have all the facts to help you reach your goal.
If UNCG is handling its part of the immigration process and my attorney is handling my part, how can I be sure everything gets done properly and on time?
When appropriate, we are pleased to work with your attorney, and we encourage you to have him or her contact us so that we can coordinate our efforts. Before we can release any information to your attorney or to anyone else, we first need your written permission to do so.