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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 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 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. (As opposed to criminal proceedings, non-citizens are not entitled to an appointed attorney in deportation proceedings.) In line with 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 through the removal process.

The study only looks at removal, or deportation, cases that can come before immigration judges. It doesn't address the number of those who seek immigration advantages of the U.S. Citizenship and Immigration Services or Consular Offices abroad where an unsuccessful outcome can harm the person's life as seriously as 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 because of a deportation order? Nevertheless, a growing number of applicants handle immigration petitions on their own. The above study finds that, between 2000 and 2010, the amount of unrepresented individuals has doubled.

Some foreigners dive into the maze of immigration law and procedure on their own because they cannot afford hiring immigration lawyers; others chose to represent themselves since 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 in regards to the benefits of hiring professionals to cope 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 eliminate a legal trouble. The brand new York study confirms the need for professional services: immigrants who have been placed in deportation and who hired an immigration attorney had successful outcome in 67 percent of cases; people who represented themselves were successful in mere eight percent of cases. This data shows the value of informing non-citizen applicants about the benefits of employing licensed professionals to assist them with immigration petitions.

immigration matters