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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, which was published in the Cardozo Law Review, is an eye-opener into the world of deportation proceedings. Some of the issues the report addresses will be the impact of the change in detained immigrants to far off jurisdictions on the immigrants' capacity to hire immigration counsel, inadequate a lawyer, high bond amounts, and a high number of self-represented non-citizens.

The number 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.) According to the report, in Nyc, 60 percent of detained immigrants and 27 percent of non-detained immigrants do not have the benefit of an immigration attorney's expertise during the removal process.

The analysis 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 wherewithal to unite with one's spouse in america less hurtful than separation with one's spouse due to a deportation order? Nevertheless, more and more applicants handle immigration petitions on their own. The above study finds that, between 2000 and 2010, the amount 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 decided 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 concerning the benefits of hiring professionals to cope with our problems, be it an electrician to repair a shorted wire, a clinical doctor to treat a health issue, or an attorney to solve a legal trouble. The brand new York study confirms the value of professional services: immigrants who were placed in deportation and who hired an deportation attorney had successful outcome in 67 percent of cases; those who represented themselves were successful in only eight percent of cases. This data shows the value of informing non-citizen applicants about the benefits of employing licensed professionals to help them with immigration petitions.

immigration representation