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Self-Representation in Immigration Cases

For many individuals not in the business of immigration law practice, the New York Immigrant Representation report, that has been published in the Cardozo Law Review, is definitely an eye-opener into the world of deportation proceedings. Some of the issues the report addresses will be the impact of the transfer of detained immigrants to distant jurisdictions on the immigrants' capability 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. (As opposed to criminal proceedings, non-citizens are not entitled to an appointed attorney in deportation proceedings.) Based on the report, in Nyc, 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 analysis only looks at removal, or deportation, cases that come before immigration judges. This doesn't address the number of those who seek immigration benefits from the U.S. Citizenship and Immigration Services or Consular Offices abroad where an unsuccessful outcome can break the person's life as seriously being a removal from the country. Is inability to unite with one's spouse in the United States less hurtful than separation with one's spouse because of a deportation order? Nevertheless, more and more applicants handle immigration petitions on their own. 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 made a decision to represent themselves simply 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, might not be corrected.

We all know concerning the benefits of hiring professionals to deal with our problems, whether it be an electrician to repair a shorted wire, a clinical doctor to treat any adverse health issue, or an attorney to solve a legal trouble. The brand new York study confirms value of professional services: immigrants who were placed in deportation and who hired an immigration attorney had successful outcome in 67 percent of cases; people who represented themselves were successful in just eight percent of cases. This data shows the value of informing non-citizen applicants concerning the benefits of employing licensed professionals to help them with immigration petitions.

immigration cases