During your stay in the United States, you may find yourself in a situation where hiring expert legal help is important. Consulting with an immigration attorney may be helpful in situations related to violating status, applications to the U.S. government, difficulties entering the U.S., or interactions with law enforcement or legal issues.
Whether the issue is directly related to your immigration status or not, consulting with an immigration attorney can be critical—especially if you become involved in legal trouble related to criminal activity, drugs, or alcohol. Actions that may resolve a criminal court case in a way that seems reasonable for a U.S. citizen could have serious immigration consequences. If you have any concerns related to your international status or legal issues, be sure to also check in with the Berkeley International Office for support and connection to resources.
Finding an Immigration Attorney
Finding the right attorney can be essential when dealing with serious immigration or legal issues. The Berkeley International Office has the following advice when seeking out an immigration attorney:
- It is strongly recommended that you find an attorney that is a member of the American Immigration Lawyer's Association (AILA). AILA membership indicates a focus on immigration law and a commitment to professional standards. You can use AILA’s online directory to search for attorneys by both area of legal expertise and geographic location, helping you find someone who is not only qualified to handle your specific situation but also conveniently located. You can also reach out to your local bar association lawyer referral service. In Alameda County, this is the Alameda County Lawyer Referral Service.
- Request a consultation. Most attorneys will offer a free or reduced-cost consultation. Use this consultation to answer the following questions:
- Is the attorney's experience relevant to your specific situation? Have they handled cases similar to yours previously?
- Is the attorney clear and easy to understand? Do they have a good grasp of your situation and a plan to move forward?
- What is their fee structure? Do they charge hourly or a flat fee? Do they have an estimate of the total cost? Do they have an estimate of how much time it will take?
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Read client reviews on platforms like Avvo, Google, or Yelp to get an idea of the attorney's reputation.
- Always ensure you have a written contract in place, and take the time to review it carefully. Make sure you fully understand all terms and conditions before signing, and don’t hesitate to ask questions about anything that seems unclear.
- If you are dealing with an immigration issue that may involve deportation, you will want to find an attorney that specializes in that area. Here is a link to the AILA website to a list of deportation specialists in California, as well as a link to a shorter (more local) list who are within 100 miles of Berkeley.
- If they are helping you with a criminal matter, they need to understand both criminal and immigration law, and the intersection of the two. You may wish to engage two attorneys: one criminal attorney and one immigration attorney.
If you are not satisfied with an attorney, don't be afraid to look elsewhere to find someone else that is a better fit for you. It's important to feel comfortable with the attorney that you hire.
Campus Resources
BIO Know Your Rights Web Page: Understand your rights and responsiblities as an international student or scholar in the U.S.
UC Berkeley Student Legal Services: The Attorney for Students advises currently registered Cal students regarding their legal questions, rights, and obligations. Student Legal Services cannot advise on matters related to immigration, but may be able to give some basic legal guidance on other matters, including landlord-tenant disputes, criminal infraction or misdemeanor citations, actions in California Small Claims Court, credit card debt and/or collection actions, auto accidents and insurance, personal injury, and family law. For more information on their scope and services, visit their website(link is external).
Off-Campus Resources
American Immigration Lawyer's Association (AILA): AILA is the professional organization for immigration lawyers.
Immigration Advocates Network National Immigration Legal Services Directory: Provides a list of immigration legal service providers by state, county, or detention facility. Includes only nonprofit organizations that provide free or low-cost immigration legal services.
Department of Justice Executive Office for Immigration Review list of probono legal service providers in California: A list of pro bono (free) legal service providers for immigration courts in California.
American Civil Liberties Union: Organization that advocates for immigration and immigrant's rights.