Explaining what each of these terms means and why it is important to understand the differences.
The immigration services market is currently experiencing an unprecedented boom. A simple Google search now yields dozens of "experts," "specialists," "agents," and many other titles used by individuals offering assistance with relocating to the United States.
In reality, there are three main categories of professionals behind these titles. Understanding their differences is crucial for making an informed choice, as this can be a decisive factor in the outcome of your immigration process.
Let's start by briefly explaining each category.
Attorney
It’s quite simple: licensed attorney - is someone who:
Has completed higher legal education in the United States (typically taking around 7 years);
Passed the Bar Exam;
Obtained an attorney license.
An attorney is knowledgeable not only in the field of immigration but also in the entire U.S. legal system. Only an attorney has the right to represent your interests at all stages of the process, including appearing in immigration court and filing appeals if necessary.
All information about an attorney should be publicly accessible. For example, websites like Avvo (https://www.avvo.com/) or the American Immigration Lawyers Association (AILA) can provide details about a lawyer's education and experience. It is essential to verify the lawyer's license on the official website of the bar association of the state that issued it.
Paralegal
A paralegal is an assistant to an attorney who can perform tasks assigned by the lawyer but is not authorized to provide legal services or practice law. They are also not permitted to answer legal questions.
A paralegal can:
Prepare your document package under the attorney's instructions, with the attorney required to review and approve the documents.
Important: A paralegal cannot provide services independently or in their own name. By law, they must always act under the supervision of an attorney. The attorney is your primary defender, reviewing and signing documents, while the paralegal serves as their assistant.
If a paralegal offers you individual services without a lawyer's supervision, they are violating the law. There are no unified national standards for paralegal education and certification; each state has its own criteria. Depending on their educational background, a paralegal's education may include:
Specialized courses (varying from 60 academic hours to one year);
A bachelor's degree (4 years).
An immigration consultant
Registered immigration consultants, unlike paralegals, can perform some services under their own name:
Prepare translations (if the consultant knows the foreign language);
Fill out forms and applications based on your information.
However, immigration consultants are legally prohibited from providing legal advice or representing you in legal proceedings. They also cannot answer your questions regarding the immigration process or advise on what actions to take in specific scenarios, as doing so would be considered unauthorized practice of law.
It's also important to emphasize that even the limited set of services mentioned above applies only to consultants who have passed an exam and have been registered with the U.S. Department of Labor.
Not all individuals calling themselves "consultants" meet this requirement. Therefore, when consulting an immigration consultant, it's crucial to verify their registration first.
Whom to choose?
When choosing whom to approach, it's important to consider your specific case and assess all risks involved.
The services of a licensed attorney are more expensive. Often, the difference is significant and may lead you to consider a cheaper option.
However, it's crucial to understand that the cost difference reflects substantial reasons.
Only an attorney can provide you with qualified legal representation at all stages of the process. You do not risk being left alone with the system during the most complex and critical moments, such as in court.
An attorney has received full legal education, often extending 5-6 years longer than that of a paralegal or consultant, and understands the intricacies and formalities of the system. This knowledge can be crucial, whether in completing forms or effectively drafting an appeal..
Cases where people receive rejections due to inaccuracies in forms or incomplete document packages are quite common.
An attorney risks their license and reputation with incompetent actions. Their activities are overseen by the state bar association, and any disciplinary actions are publicly available. Serious violations can lead to license revocation.
If you receive a rejection due to incompetence from an attorney, you can file a complaint against them and challenge the decision. However, it's crucial to consult another attorney before taking such steps.
This right is not available when working with paralegals and consultants. Even though their fees may be lower than those of lawyers, if they mishandle your case, you may end up wasting your money, needing to restart the process with a licensed lawyer. Moreover, there might not even be a chance for a second attempt (for instance, in deportation cases).
Evaluate your case.
Even if it seems like your case should go smoothly and you might not need legal representation, I recommend consulting with a lawyer at least for an initial consultation.
They can assess your situation and inform you whether your case is straightforward and just requires document preparation assistance, or if there are any pitfalls you may not be aware of.
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