Do Dream Act Applicants Really Need an Attorney?

Given the apparently simple nature of the I-821 D form, many Dreamers may be tempted to attempt a filing on their own. Aside from the old saying that a person who represents himself has a fool for a client, there are many potential problems in filing without professional help, a few of which are identified below:

Prior Contact or Filing: Anyone who has ever filed anything or had any contact with immigration authorities would be smart to have a lawyer review his or her immigration file and history. Perhaps a prior application has gone missing—or gone south. Cases filed by a notario—even something filed on your behalf by a family member—may contain inaccurate or even fraudulent information that could knock you out of consideration. Sometimes, an out-of-date address means notices didn’t reach you and your case was referred for a deportation hearing—one that you never knew about and never attended.

Previous Departure: If you have ever left the United States, you will want to ask a lawyer whether that departure interrupted your continuous presence (especially if you left because you were granted voluntary departure or ordered removed). And if there were any issues on your return—such as being refused entry, caught at the border, or using a fake document—there will be immigration consequences to consider.

Continuous Residence: What about someone who isn’t sure how to prove that he or she was here on June 15, 2012, or isn’t sure how to show that he or she has been continuously residing in the United States for five years? A competent immigration lawyer can help, especially if you think you don’t have access to reliable evidence (or maybe don’t have all the evidence in your own name).

Falsified Documents: Did you ever use a false identity, make up a Social Security number or claim to be a U.S. citizen? Did you use your cousin’s U.S. birth certificate to get an I.D., or a job, or a driver’s license? See a lawyer to understand the immigration consequences.

OK, so people who have had run-ins with law enforcement or who have a tricky immigration history already may know they need a lawyer, but what about the so-called “easy” cases? You may be able to navigate the application procedures by yourself, but even for the cleanest cases, the real question is not whether it’s safe to apply, but smart. Every applicant is coming out of the shadows and providing detailed information to the government. If you’re wrong about your case or how to handle your application, then maybe you only wasted time waiting for a decision and wasted money on government fees. But what if you find yourself in custody or facing removal?

At the Outset … In an initial consultation, an immigration attorney should not only review DACA eligibility, but also take your complete immigration history (and even your family members’ history, in some cases) to see if there are other options or particular risks to applying. You should have a chance to ask the lawyer questions and leave with a clear understanding about your immigration case. If that can’t be handled in the short time and with the limited information available during your consultation, you should at least know what needs to be done to figure things out. Even though it’s often better to have a lawyer handling your case, not every case will need a lawyer to be successful. But if things aren’t going smoothly—for example, if you receive a notice that says your evidence isn’t good enough or a letter you don’t understand—consult an attorney immediately to understand your rights. If your application is denied, or you wind up being issued a Notice to Appear and referred to immigration court, it’s time to run to a lawyer’s office! Only a competent immigration attorney can evaluate your case, identify the risks, and even explore other legal avenues for gaining status (which might even be better than deferred action). Finally, if you think you’ve been scammed—by an attorney, or just someone posing as an attorney—report it to the local bar association before that person takes advantage of someone else! Be smart, be safe, and protect yourself and your family—get the right information .

The preceding information is excerpted in part from the September/October 2012 editon of Voice, a publication of the American Immigration Lawyers Association, from an article by Laura Lichter, the current president of that organization.

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