Before You Hire an Immigration Lawyer: 6 Questions

Hiring an immigration attorney can be one of the most important decisions you make for yourself or your family. Immigration cases often involve strict deadlines, complicated evidence, and consequences that can last for years. The person you hire will shape how your case is prepared, how it’s argued, and what happens if the government asks for more.

That’s why it’s worth slowing down before you sign a contract or pay a fee. Make sure you understand exactly who will handle your case, what services are included, and what happens if the case becomes more complicated than expected. A good attorney will welcome these questions and answer them directly. Someone who won’t is telling you something.

Start with these six. They apply whether you’re researching an immigration attorney for yourself or on behalf of a relative, and they’re built to help you tell a real, accountable attorney from someone who will take your money and put your family’s status at risk.

1. Will the Attorney Represent You Through the Completion of Your Case?

“Full representation” can mean different things at different law firms. Ask the attorney to define exactly when the representation begins and ends — and get that answer in the written agreement, not just the conversation.

Questions to ask include:

• Does the fee cover preparing and filing the application or petition?
• Will the attorney respond to a Request for Evidence if the government issues one?
• Will the attorney prepare you for, and attend, an interview?
• If your case is denied, will the attorney review the decision and advise you about your options?
• Are motions, appeals, or additional filings included — or will they require a new agreement and a new fee?

One useful thing to understand: when an attorney formally enters an appearance on your case before an immigration agency, they do so for a specific matter using a Notice of Entry of Appearance (Form G-28). That’s the government-side marker of who is representing you — but it is not the same as the private scope of work you’re paying for. The G-28 says an attorney has appeared before an agency; your written fee agreement is what actually defines how far their work goes.

No ethical attorney can guarantee a particular result. They should, however, clearly explain whether they will stay with you through the agreed stage of the case — whether that stage ends in an approval, a denial, or a request for more evidence.

Key takeaway: Don’t rely on the phrase “we handle everything.” Make sure the scope of representation is clearly stated in writing.

2. Is the Fee Refundable, Nonrefundable, or “Earned Upon Receipt”?

Before you pay, ask how the attorney’s fee is treated and when it becomes earned. These terms sound similar and mean very different things for your money.

A clear written fee agreement should explain:

• The total fee and the payment schedule
• Which services the fee covers
• Whether government filing fees and other expenses are separate
• Whether any portion is refundable
• How the firm calculates a refund if the representation ends early
• Whether the fee is described as “nonrefundable” or “earned upon receipt”

The rules governing advance fees vary by jurisdiction, so the exact language in the agreement matters. Some states treat “nonrefundable” and “earned upon receipt” fees differently, and the protections you’re entitled to can depend on where the attorney is licensed. Don’t sign until you understand what happens to your money if you change attorneys, the firm withdraws, or the case ends earlier than expected. If you want a clearer picture of what to budget, our overview of what an immigration lawyer typically costs walks through hourly, flat-fee, and retainer arrangements in plain language.

Key takeaway: Ask the attorney to explain the refund policy in plain language — and make sure the written agreement matches that explanation.

3. Who Will Actually Perform the Work on Your Case?

The attorney you meet during the consultation may not be the person handling the day-to-day work. That isn’t automatically a problem — good firms rely on teams — but you deserve to know who is responsible for your case and who to call when you have a question.

Ask:

• Will the legal work be performed in-house?
• Which attorney will supervise the case?
• Will paralegals or legal assistants prepare forms and collect documents?
• Does the firm outsource any part of the work?
• Who will review the filing before it is submitted?
• Who should you contact when you have questions?

Support staff play an important role in a well-run practice. But an attorney — not an unlicensed document preparer — should be the one giving legal advice and supervising the work that goes out under their name.

Key takeaway: Know who is preparing your case, who is reviewing it, and who is ultimately responsible for it.

4. Is the Attorney Properly Licensed — and Does the Case Involve State-Law Issues?

Because immigration law is federal, an attorney can often represent clients in immigration matters even if they are licensed in another state. Federal regulations set out who is authorized to represent a person before immigration authorities, and a licensed attorney in good standing generally qualifies regardless of which state issued the license.

But some immigration cases also depend on state-law proceedings or state-law questions. Examples may include:

• Special Immigrant Juvenile Status proceedings, which run through state court
• Post-conviction relief
• Family-court orders
• Guardianship or custody matters
• Questions about the validity of a marriage, including common-law marriage

These are examples of why licensing can matter beyond the immigration filing itself — not a menu of services. If your case has a state-law piece to it, ask where the attorney is licensed, whether that license is active and in good standing, and whether the attorney can handle the state-law issues connected to your case. If they can’t, ask whether they work with qualified local counsel who can.

Key takeaway: Confirm both the attorney’s license and their ability to address every legal issue your case may involve — not only the immigration filing.

5. Can the Attorney Communicate Clearly in Your Language?

Immigration cases turn on precise facts. A small misunderstanding about an arrest, a prior entry, a marriage, an address, a date, or a family relationship can change the advice you receive and the information submitted to the government on your behalf.

If you are not fully comfortable communicating in English, ask:

• Does the attorney speak your preferred language?
• Will a qualified interpreter be available?
• Who will translate your documents?
• Will important instructions and questions be given to you in a language you understand?
• How will the firm confirm that translations are accurate?

Language access isn’t a customer-service nicety. It can directly affect whether the attorney fully understands your history and whether you understand the risks, responsibilities, and strategy in your case. If Spanish is your stronger language, our companion piece on questions to ask a Spanish-speaking immigration lawyer goes deeper on what real bilingual representation should look like.

Key takeaway: You should be crystal clear about what the attorney is asking, what the firm will file, and what you are signing.

6. Is the Person Offering Immigration Services Really an Attorney?

In many Latin American countries, a notario público is a highly trained legal professional with real authority. In the United States, a notary public is not an attorney and generally is not authorized to give immigration legal advice. The words look alike; the roles are not. That false cognate is exactly what fraudulent operators count on.

A notary, consultant, document preparer, or “immigration specialist” should not:

• Tell you which immigration benefit to pursue
• Analyze whether you qualify
• Advise you about risks or legal strategy
• Represent themselves as an attorney
• Promise special access to immigration officials
• Guarantee an approval

Before you hire anyone, verify their identity and professional credentials through the licensing authority in the state where they claim to be admitted. Federal regulations set out who may represent you before immigration authorities — generally licensed attorneys and representatives accredited by the Department of Justice’s recognition and accreditation program. If the person is an accredited representative rather than an attorney, you can confirm that accreditation through the appropriate federal directory.

Notario fraud can lead to lost money, missed deadlines, false information in government filings, and serious immigration consequences that are hard to undo. The cost of verifying a credential up front is nothing next to the cost of trusting the wrong person.

Key takeaway: Never assume someone is authorized to practice law because they use an official-sounding title or work in an immigration-services office.

Conclusion: Clarity Before Commitment

The right immigration attorney will answer these questions directly and put the important terms in writing. Before you hire anyone, make sure you understand:

• How long the representation will last
• Whether and when the fee is refundable
• Who will perform and supervise the work
• Where the attorney is licensed, and whether state-law issues are involved
• How the firm will communicate with you clearly
• Whether the person giving you legal advice is genuinely authorized to do so

Immigration cases are too important for assumptions. Ask the questions, verify the credentials, read the agreement, and don’t sign anything you don’t fully understand.

Novo Legal Group is a Spanish-first immigration practice — every attorney and staff member is bilingual in English and Spanish. If you’re weighing a decision like the ones in this article, we’re ready to answer your questions directly and put the terms in writing before you commit to anything.

Schedule a consultation: call (888) 746-5245.

Talk to a bilingual immigration attorney: learn more about our immigration practice.

Aaron Elinoff · Managing Partner, Novo Legal Group · Colorado Bar #46468 · Immigration & Civil Rights