US & Canada Immigration News

Toll-Free: 1-866-929-0991

Outside of North America: +1-416-410-7484

Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and immigration options.

But do I really need an Immigration Lawyer? A Dialogue

How an Immigration Lawyer can help

Often we are asked this question.

The typical scenario runs like this:  Someone comes into our office or calls us and describes their situation. It could be a Visa refusal or they want to sponsor their mother from overseas, or apply for a work permit. After listening to their story, we will then  try to spot any legal issues that may be relevant to their case and provide some general guidance as to what may be involved in resolving their problem. These consultations are not designed to provide specific legal advice but rather to give people an idea about what is involved in their situation.

After listening to my general overview, the person will usually the ask two follow up questions: 1. How long will it take? and 2. How much will it cost? Both perfectly reasonable questions. The answer to the first, will of course depend on the nature of the case. Some Visa applications take a number of months and  some number of days. The answer to the second will of course vary depending on the nature and complexity of the case.

At this point, the person hopefully has a solid understanding of their situation and what is involved in resolving it. And now for the “biggy” . The question that often is asked with some fear and trepidation: “But Sir do I really need an immigration lawyer”?, they say.

The answer to this question is tricker than you would think and you may be surprised what I always say in response.

My reply is a flat…… “No”.

“No, you do not need a lawyer for your immigration matter”, I say.  I love watching their shocked faces. I let a few second pass to absorb the news. The person, looking like a deer in headlights, will then often and sheepishly ask “Well, why not?. I don’t need a lawyer?” To which my reply is always: “Sir or Madam, your case can be filed, argued and processed without a lawyer or representative and therefore you don’t need an immigration lawyer”. There are no rules or regulations requiring people to have representatives handle their Immigration and Visa applications. Any application can be filed or a hearing can he conducted without legal counsel.

I then go on to tell them the following, often to their relief: “Athough you don’t need a lawyer, you definitely should have one. Immigration law is very complex and there are many aspects to a case that require professional assistance despite what you may read or see online. I then add that “many cases we handle are refused applications or failed hearings and appeals from people without lawyers. Such cases are much harder to resolve and more costly. It is always better to get it right the first time.  Therefore there is a big difference between needing a lawyer and should you have one.”

The person is back to looking shocked again. Trying to explain the proper role of a lawyer in immigration matters is not easy. For some reason I can’t figure out, people have this perception that immigration applications are just about filling out some forms, paying a fee and sending them in. If it were only that simple!

The meeting is now coming to a close and I am prepared for the final and, in the minds of many, the most important inquiry: “But if I hire an immigration lawyer, are there guarantees that my case will be successful?” And once again, my answer is, you guessed it, a flat……”No”.

“No, there are no guarantees when it comes to immigration and visa matters”, I reply.  Like in life, any request you make for any benefit whether it’s a loan from a bank or a raise at work, can be denied. Immigration law is no exception. Most people are receptive  to this explanation as they can see how life and immigration law have something in common.

But some dig in their heels,  look at me with suspicion and contempt and ask: “If there are no guarantees, then why hire an immigration lawyer?” Prepared for this one, I simply say “Because we can help you. We can vastly improve the chances that your case will succeed. We can make sure that your file is treated properly by the authorities and if it isn’t we will litigate if need be. Our role is to be your representative for your case. You pay us to do just that: help you with your case.  And remember, it is the government who pays an immigration officer to decide the outcome of your case, not you,  not me”

A bond of understanding slowly forms between us. Sometimes it’s acknowledged by a smile. I’m feeling good that I have shed some light on the world of immigration law for this person. And I hope that the person I have enlightened regardless of whether we will be retained, feels good too.

Have a question for an Immigration Lawyer? Contact Niren and Associates immigration law firm today.

 

It's only fair to share...Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedIn

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

Vote for Our Blog! Our blog has been nominated for Best Legal Blog of 2017 by The Expert Institute.

12 thoughts on “But do I really need an Immigration Lawyer? A Dialogue

  1. med ichou

    HI ALL
    I M MOROCCAN AND LIVING IN UNITED ARAB EMIRATE SAND I DID APPLY FOR A TOURIST VISA TO VISIT MY GIRLFRIEND LAST YEAR AND ITS GOT REFUSED SO BECAUSE OF THE BAD DECISION I DIDN’T APPEAL , THIS YEAR WE DECIDED TO APPLY FOR A student visa to study ana english course for 8 months but when i apply i ot refusal again and this is the document i handed with application :
    -online application form signed and dated
    – letter
    – 2 recent passport pictures signed
    – passport and copies of old passport
    – letter from the college, proof of payment of fees to the college and medical insurance covered by the college. These were scanned and sent to me by the college.
    – test results from the English test i completed for the college.
    – letter of refusal from previous tourist visa application.
    – my CV, showing my past few years of work and showing any gaps in my education.
    – Certificates of work from all the previous employers as proof of these jobs.
    – Letter from my employer now stating that English would benefit him in future positions with the company and that i would be able to apply for positions in international sales.
    – my high school certificate, translated and attested
    – samples of jobs in UAE to show that English was a requirement in some sales positions.
    – 6 months bank statements and attached was details of all the money that came into his account, showing a receipt from when my brother gave me money as a gift.

    Sponsor documents
    – letter from my brother
    – brothers bank statements
    – evidence to show he is my brothers: Moroccan national ID translated and attested. This is like a birth certificate in card form.

    Accommodation
    – letter from my girlfriend( this was very factual and just stating that i have accommodation with my girlfriend and that she have permission from her landlord)
    – letter from the landlord
    – pay slips to show that she can afford the rent;
    – Facebook friendship to show our relationship
    and this is what they said in the refusal reason:
    CP:- Need to undertake the course in this State not demonstrated or warranted
    ID:- Insufficient documentation submitted in support of the application:- please
    see link to “Documents Required” as displayed on our website – http://www.inis.gov.ie
    OB:- Obligations to return to home country have not been deemed sufficient
    OC:- Condition – The applicant may overstay following proposed visit.
    OC:- Observe the conditions of the visa – the visa sought is for a specific
    purpose and duration:- the applicant has not satisfied the visa officer that such
    conditions would be observed.

    i would like to have an advice cause i put all what i have in this visa application ?
    thank you

    Reply
    1. Muga Rajbhandari

      Hello. We will need to know more about the details of your situation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-416-410-7484 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  2. Bhuwan Adhikari

    I am eligible for quebec Immigration, but my question is, it is necessary to hire a lawyer for immigration process and what is the role of lawyer in this process.

    Reply
    1. Muga Rajbhandari

      Hello Bhuwan. It is not necessary to hire an immigration lawyer, however the experience that a legal professional gives can save you a lot of time.
      Regards, Muga

      Reply
  3. ilene jones

    My boyfriend from Algeria was denied twice for visitors visa for US. The reason being, no ties to his country. We were wondering how do you show ties, except through family, job, friends, Born and raised there, no other way to show ties. How can a lawyer help with this problem?

    Reply
  4. Maria

    What happens if I don’t take a lawyer on the second immigration hearing? On my first hearing I did took a lawyer. But I just didn’t like the way he represented me. He was charging me too much. Now I don’t have a lawyer . Or the money to hired one. What are the consequences ??? Please I need a respond. I’m really scared.

    Reply
    1. Michael Niren

      Hello
      I am sorry that you did not have a good experience with your lawyer but that does not mean you should go it alone. Rather you seek out another lawyer who can really assist you. Representing yourself usually does not get results.

      Reply
  5. Philip A

    Dear Mr Michael Niren, thank you very much for your reply. The application forms was completely and correctly filled. But my concern is that this applicant in question has been given visa twice, the first was a single entry and second visa was a multiple entry valid for one year. The multiple visa was used once before it was expired in September. So the fear of someone traveling to Canada and not coming back is out of the question. Please could you advice us on what to do. Regards philip

    Reply
    1. Michael Niren

      Hello Philp
      If the applicant has had a track record of compliance with his previous visas, then that is a positive aspect to his case. However, this being his third application, he would have to make a strong case showing his ties to him home country.

      Reply
  6. Philip Aigbe

    Thanks for the explanation. If the visa officer is not satisfied with one or two questions, should he now refuse the applicant a renewal for a visitor visa, suggesting that the applicant should try other countries first and later send his application?

    Reply
    1. Michael Niren

      Yes I have seen this scenario play out many times before. It is essential that all questions on tempoary resident visa and other application forms be completed correctly otherwise you run the risk of a refusal.

      Reply

Leave a Comment:

Your email address will not be published.

 

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Associations