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These procedures can be extraordinarily complex and confusing, but an experienced asylum attorney can help. Given the issues at stake, the process of finding an asylum attorney is not one that should be taken lightly.[2]
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Searching for Candidates
Talk to family and friends. People you know and trust can often be your best sources for attorney recommendations. Particularly if you know someone who has already been granted asylum in the U.S., he or she may be able to recommend an attorney. This sort of recommendation can be beneficial, particularly if the person is from the same country or experienced similar persecution for reasons similar to yours. Recommendations from friends or family members are a good place to start, but keep in mind that different individuals have different legal needs, no matter how similar your cases may be. An attorney who worked well for your aunt may not be the best choice for you.
Check with nonprofit organizations. Many nonprofit organizations dedicated to assisting refugees and immigrants provide legal assistance. Some organizations have attorneys who will assist you free of charge if you meet the agency's criteria. In addition to immigration-related organizations, you might also contact other nonprofits that are dedicated to protected the rights or beliefs for which you are seeking asylum. For example, if you are being persecuted in your home country because of your sexual orientation, you might reach out to gay rights organizations in the U.S. for help and support.
Search on bar association and legal referral sites. Both government and private referral websites can be beneficial in your search for an asylum attorney. Most city and state bar association websites have directories you can search online free of charge. Typically you can search by areas of practice. If asylum isn't listed specifically, search for immigration attorneys. Bar associations and other professional referral services will provide you with the objective information you need to evaluate the relative skill and qualifications of attorneys you find. You might also run a search on the American Immigration Lawyers Association website. Attorneys who are members of this group are committed immigration attorneys dedicated to fairness and justice in the immigration process.
Visit attorneys' websites. Attorneys typically have biographical information on their websites, as well as information about the types of cases they take. Pay attention to the attorney's background. If you speak a language other than English, for example, you may want to find an attorney who is fluent in your language rather than having to go through interpreters. If the attorney has a blog or other information related to asylum law, read it to gain an understanding of the attorney's approach as well as his or her knowledge and experience in the area. Look for testimonials or reviews from past clients, as these can give you an idea of what to expect if you decide to hire the attorney. However, keep in mind that many client statements on attorneys' websites are reviewed by the attorneys themselves, and they may not approve negative reviews on their site.
Verify the attorneys are licensed and insured. Before you talk to an attorney, make sure his or her license to practice law is in good standing. Although attorneys aren't required to carry malpractice insurance, it's a good idea to hire an attorney who does. If the attorney makes a mistake on your case, malpractice insurance will cover the damages. Don't hire a notary, or "notario," to help you in your case. Although they may charge less than an attorney, they are not licensed to practice law, may give you incorrect information, and cannot represent you in court.
Conducting Interviews
Schedule an initial consultation. You should aim to interview at least three attorneys before you decide who to hire. Many attorneys offer free initial consultations, but don't be surprised if you're charged a fee for this first sit-down meeting. Pay attention to how quickly the attorneys get back to you, and how soon they are available to meet. If you call someone's office and don't hear back for several days, or the attorney can't meet with you until weeks or even months from now, he or she is probably too busy to give your case the time and attention it deserves. Attorneys may have a list of documents he or she wants you to bring to the appointment, or an intake form for you to fill out. Make sure you have everything the attorney needs ready to ensure a productive consultation.
Explain your situation. Give the attorney details about your case and why you are seeking asylum. Be honest and answer the attorney's questions completely. Anything you say during the course of the initial consultation is protected by attorney-client privilege, even if you ultimately decide not to hire that attorney. Evaluate whether the attorney is listening to you, and how attentive and engaged he or she is. If the attorney is distracted or allows frequent interruptions while you are talking, this could be an indication that he or she won't be focused on your case. If the attorney explains something or asks you questions, pay attention to what he or she says. Ideally, you want an attorney who can tell you about the procedures involved in requesting asylum in a way you can understand.
Ask the attorney lots of questions. You need to make sure you have enough information to evaluate the attorney's experience and qualifications, and understand what the attorney can do for you. Make sure you find out how long the attorney has been practicing immigration law, and specifically how long he or she has been handling asylum cases. Find out what percentage of the attorney's work consists of asylum cases, and what his or her rate of success is. You should expect the attorney to delegate some of the work of your case to staff in his or her office. However, you can ask how much of the work he or she plans to delegate to others. If another associate will be doing the bulk of the work on your case, ask if you can meet with them as well. You also need to know the best way to contact the attorney, and how quickly you can expect him or her to respond. Don't be afraid to talk money with the attorneys you interview. As an asylum-seeking immigrant, experienced attorneys understand that you may not have significant resources. If you're worried about your ability to pay any fees at all, consider using free services from a nonprofit organization. Keep in mind that if you go that route you may not talk to your attorney as much, and your case may not progress as quickly.
Observe your surroundings. The attorney's behavior and the way he or she treats others in the office can tell you a lot about the relationship you can expect. Take note of the way the attorney interacts with staff in the office, as well as how staff members treat you. If you don't feel comfortable in an attorney's presence, or if you find his or her personality abrasive or off-putting, you will have difficulty developing an effective working relationship. The office location may be important as well. You want to feel comfortable in and around the office, and it should be convenient for you to visit.
Choosing the Right Attorney
Assess each attorney's ability to assist you. Compare your goals to the experience and skills each attorney has, as well as his or her track record with clients like you. Attorneys with more experience will be familiar with the immigration process and working with government agents. You should avoid an attorney who has no experience dealing with cases similar to yours. He or she may have difficulty arguing your case to immigration officers and may not be able to represent you as effectively as someone who's handled situations similar to yours. Be wary of any attorney who made big promises, or guaranteed he or she would get you asylum. Competent attorneys know there are no guarantees, and that it's very difficult to be granted asylum in the U.S. even with the strongest case.
Consider overall cost. Although cost shouldn't be the most important factor for you in choosing your asylum attorney, you need to make sure the attorney's services will fit into your budget. Don't assume an attorney is better simply because he or she charges higher rates. Nor should you think an attorney won't help you any because he or she has extremely low rates or is willing to work on your case for free. Keep in mind that many attorneys will be willing to work with you if you ask. You have to be upfront about your financial issues to learn what options may be available.
Create a list of pros and cons for each attorney. Evaluating factors for and against each potential attorney allows you to make an objective choice. Looking at each candidate side by side may make the best choice for you obvious, or it may require a little more effort. Depending on your situation, some factors may be more important than others. For example, if you don't have a driver's license and rely on public transportation, you may have to eliminate attorneys whose offices are far away, or not on the bus line. Don't be afraid to go with your gut. You'll have to share a lot of highly sensitive facts, and talk to your attorney about private matters, so you want to make sure you choose someone you feel comfortable talking to and who you believe will listen to what you have to say.
Make your final selection. Once you've decided which attorney you want to hire, call the others and let them know you've decided to go with someone else. Meet with the attorney you've chosen and get the details of the representation in writing. Make sure you understand exactly what the attorney will do for you, and what his or her fees will be, before you sign the retainer agreement or pay any money.
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