Wisconsin Investment Fraud Lawyers

Immigration Lawyers/Legal Assistance

Wisconsin state law prohibits the use of private attorneys to represent the interests of state government agencies.   It is therefore not possible to use immigration attorneys for filing UW-Madison sponsored employment-based petitions.

1. Do I need a lawyer to assist me with my immigration questions?

This handout is designed to assist individuals in locating and evaluating an attorney to represent their own interests that are unrelated to their UW- Madison activities. International Student Services, Red Gym (262-2044) can assist with questions on UW-Madison  F-1 and J-1 student questions.  International Faculty and Staff Services, 174 Bascom Hall (265-4000) can assist with all UW-Madison sponsored temporary and permanent employment-based petitions, as well as J-1 scholars.  For information on immigration classifications that are not related to study or employment at UW-Madison, or for assistance with a complex legal problem, it is wise to consult with a qualified immigration attorney.  Immigration law is very complex and it is very important to consult with attorneys who are experienced in immigration law. 

2. What can a lawyer do for me?

A lawyer can analyze the facts of your case, assess eligibility for benefits under the law and recommend the best procedure to follow, assist in the preparation and filing of forms for the principal applicant and/or family members, and provide counsel in immigration proceedings.  A good lawyer should keep up with new laws and regulations that may affect you and be readily available to discuss your case with you.

Lawyers should tell you up front what to expect, advising you of the possibilities and risks you reasonably can expect. A lawyer should never guarantee success, as nothing in immigration is guaranteed. A lawyer should not encourage you to misrepresent facts to the government or file papers that are not true and accurate. Also, a lawyer should not promise benefits for which one is not qualified, nor claim special connections to get special treatment.  Any such promises should be carefully investigated.

3. How do I find an attorney?

The yellow pages in the phone book list attorneys.  In the Madison phone directory/yellow pages, see "Attorneys - Immigration & Naturalization Law".  However, it is not necessary to engage an attorney in the Madison area.  Most of the major immigration law firms have offices in large cities throughout the country. 

The leading professional association of immigration lawyers is the American Immigration Lawyers Association (AILA), headquartered in Washington, DC (202-216-2400).  A list of all AILA members nationwide can be obtained from the national office.  AILA membership is an indication of the attorney’s interest in immigration law, but AILA does not certify the credentials of any particular attorney.  However, AILA holds a national conference annually, and the attorneys who speak at these conferences have been carefully selected by the association for their expertise in the field of immigration law.  An attorney who speaks at a conference session is generally highly qualified. 

Many local bar associations have referral panels that can provide information on an attorney’s indicated area of expertise.  The Attorney Information and Referral Service of the State Bar of Wisconsin (under “Attorneys Referral Service” in the yellow pages) will provide information on the length of time the lawyer has been a member of the State Bar and if he or she is in good standing.  In Madison, you may contact the Board of Attorneys Professional Responsibility (267-7274) to find out if there have been public complaints filed against the attorney by the Board, and whether he or she has been publicly disciplined or if the attorney’s license has been revoked.

When choosing an immigration lawyer, it is very important to be a good consumer.  Ask questions that will reveal his/her experience and familiarity with cases such as yours.  Some questions to ask include: how long has the attorney been practicing immigration law; what percentage of the practice is devoted to immigration; has the attorney published in respected journals and/or presented at immigration conferences? Also, check on the attorney’s reputation in the legal community.

Always ask for references, particularly of individuals whose petitions are similar to yours, and follow up on them.  Ask how satisfied they were with the attorney’s handling of their case, how easy it was to contact the attorney directly and how responsive the attorney was to questions and concerns, how long the whole process took, and any other questions that can help you assess the attorney’s expertise and accessibility.  Consult, too, with friends who have used an attorney for the same type of petition to see how satisfied they were.

Be sure that you understand your options and the consequences as well as deadlines that you will need to follow.  This is an important decision, so ask questions, get references and follow up on them. 

4. How much should I expect to pay a lawyer?

Some attorneys charge a fixed fee for a particular process, while other attorneys charge on an hourly basis. It is important to understand and feel comfortable with the fee agreement before leaving the attorney's office.  The attorney should always put the fee arrangements in writing. It is important to understand that attorneys charge for their expertise and the time that they and their staff spend working on a case. There may be additional fees for more complex cases.  Everyone's case is different.  In most cases, attorney's fees do not include costs such as filing fees to the INS, which may amount to an additional several hundred dollars per person. 
 
5. Are there other sources of information on immigration issues other than attorneys?
 
The UW-Madison Law Library has a variety of publications dealing with immigration laws and regulations.  Forms and instructions can be obtained from the INS forms number 1-800-870-3676,

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