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Self-Representation in Immigration Cases

For most people not in the business of immigration law practice, the New York Immigrant Representation report, which was published in the Cardozo Law Review, is an eye-opener into the world of deportation proceedings. A few of the issues the report addresses are the impact of the transfer of detained immigrants to distant jurisdictions on the immigrants' ability to hire immigration counsel, inadequate legal representation, high bond amounts, plus a high number of self-represented non-citizens.

The amount of foreign nationals representing themselves in immigration courts is appalling. (Unlike in criminal proceedings, non-citizens are not entitled to an appointed attorney in deportation proceedings.) Based on the report, in New york, 60 percent of detained immigrants and 27 percent of non-detained immigrants don't have the benefit of an immigration attorney's expertise during the removal process.

The study only looks at removal, or deportation, cases which come before immigration judges. It doesn't address the number of individuals who seek immigration benefits from the U.S. Citizenship and Immigration Services or Consular Offices abroad where an unsuccessful outcome can damage the person's life as seriously being a removal from the country. Is lack of ability to unite with one's spouse in america less hurtful than separation with one's spouse as a result of a deportation order? Nevertheless, a growing number of applicants handle immigration petitions by themselves. The above study finds that, between 2000 and 2010, the number of unrepresented individuals has doubled.

Some foreign nationals dive into the maze of immigration law and procedure by themselves because they cannot afford hiring immigration lawyers; others chose to represent themselves because they believe they can handle it. The deceitfully simple immigration forms lure many pro se applicants into trouble. Some mistakes, including those involving strategy and presentation of evidence, is probably not corrected.

We all know in regards to the benefits of hiring professionals to deal with our problems, whether it is an electrician to repair a shorted wire, a medical doctor to treat a health issue, or an attorney to resolve a legal trouble. The New York study confirms value of professional services: immigrants who had been placed in deportation and who hired an deportation attorney had successful outcome in 67 percent of cases; those that represented themselves were successful in just eight percent of cases. This data shows the significance of informing non-citizen applicants about the benefits of employing licensed professionals to enable them to with immigration petitions.

immigration cases