Before You File: What to Know Before Handling Your Immigration Case Yourself

Maybe you’ve decided to handle your immigration case yourself.

Maybe you’re still deciding whether you need an attorney.

Either way, start here.

Many people navigate parts of the U.S. immigration system without private legal counsel. Depending on your circumstances, that may be a reasonable choice.

But before you submit an application, petition, response, or other immigration filing, there are some important questions worth asking.

Not just:

Did I complete the forms correctly?

But:

Do I understand what I’m filing, what I’m telling the government, what I need to establish, and whether something in my history could affect this case?

Those are very different questions.

This is #BeforeYouFile, an educational series from Cambridge Immigration Law designed to help people understand what to consider before submitting an immigration matter on their own.

We’ll tell you what deserves your attention, what questions you should be asking, and when it may make sense to get legal advice.

Let’s start with the big ones.

1. Know Exactly What You’re Applying For

This sounds obvious.

It isn’t always.

Before submitting anything, make sure you understand the immigration benefit or status you are seeking and the requirements associated with it.

Immigration forms can create the impression that the process is primarily about completing questions, attaching documents, paying a fee, and waiting for a decision.

The legal analysis comes first.

A completed form doesn’t necessarily mean that someone qualifies for what they’re requesting.

Before you file, you should understand:

• What you are applying for
• Why you believe you qualify
• What requirements you need to satisfy
• What facts could affect your eligibility
• What evidence will be important
• What happens after you submit the filing

If you’re confident about those answers, great.

If you’re unsure about one of them, resolve that uncertainty before you file.

2. Look Back Before You Look Forward

Your current immigration application doesn’t necessarily exist in isolation.

Before filing, think carefully about your immigration history.

That may include previous visas, entries and exits, applications, petitions, interactions with immigration authorities, periods of status, prior immigration decisions, and information you’ve previously provided to the U.S. government.

Why does this matter?

Because today’s filing becomes another part of that history.

Something that seems unrelated or insignificant to you may be something an immigration attorney would want to understand before advising you about a new matter.

That’s one reason immigration lawyers spend time asking questions that may initially seem unrelated to the application sitting in front of them.

They’re not only looking at the form.

They’re looking at the person behind it and the history surrounding it.

Before you file:

Ask yourself whether there is anything in your immigration history that you don’t fully understand or aren’t sure could matter now.

If the answer is yes, that’s worth resolving before you submit something new.

3. Consistency Matters

An immigration application isn’t the first time many applicants have provided information to the U.S. government.

Dates, addresses, employment, relationships, travel, previous applications, immigration history and other information may have appeared somewhere before.

That makes consistency important.

A difference between two records doesn’t automatically mean you’ve done something wrong. People make mistakes. Circumstances change. Memories aren’t perfect.

But a discrepancy may create a question that needs to be understood or explained.

Before filing something new, consider whether the information you’re providing is consistent with information you’ve provided previously.

And here’s the harder question:

If it isn’t consistent, do you understand why and whether that difference matters?

Knowing that something doesn’t match is one thing.

Understanding its legal significance can be another.

4. Know What Your Evidence Needs to Establish

Having documents isn’t necessarily the same as having the right evidence.

A stack of records may contain a lot of information without establishing the things that matter most to the immigration benefit being requested.

Before you file, understand what you’re being asked to establish and whether your evidence actually supports it.

Ask yourself:

What does this document prove?

Then ask:

What am I required to prove?

Those aren’t always the same thing.

This is an area where DIY applicants can become understandably frustrated. They may have gathered substantial documentation and still be unsure whether they’ve demonstrated what the government needs to evaluate.

Don’t wait until after submission to start thinking about that question.

5. Don’t Assume a Question Is Unimportant Because It Looks Routine

Immigration forms can be long.

Some questions appear straightforward. Others may seem repetitive or unrelated to what you believe your case is about.

Resist the temptation to treat a question as unimportant simply because you don’t immediately understand why it’s being asked.

Sometimes a seemingly ordinary answer can raise another legal question.

That’s one of the differences between completing a form and analyzing an immigration matter.

A form asks:

What is your answer?

Legal analysis also asks:

Why does that answer matter?

If you encounter a question that you’re unsure how to interpret or whose significance you don’t understand, don’t guess.

Find out what you’re being asked before answering it.

6. Think About the Difficult Facts, Not Just the Strong Ones

When people prepare their own cases, it’s natural to focus on the facts supporting the outcome they want.

Take some time to do the opposite.

Ask:

What fact in my history concerns me most?

Perhaps there’s nothing.

But think about previous immigration problems, prior applications, denials, unusual travel or status history, criminal matters, inconsistent information, complicated family circumstances, or other facts that make you uncomfortable.

The point isn’t to assume that every complication destroys a case.

It doesn’t.

The point is to identify potential issues before the government identifies them for you.

If there’s something you’re deliberately hoping “won’t matter,” that’s usually a sign that it’s worth understanding whether it does.

7. Understand What Happens After You Press Submit

Submitting an immigration application can feel like the finish line.

Usually, it’s a milestone.

Before filing, understand what may happen next.

Depending on the type of matter, there may be additional evidence requests, appointments, interviews, deadlines, notices, questions, or other steps.

You should also know how you’ll receive communications about your case and what you’ll do if something unexpected arrives.

One of the benefits of thinking through the process before filing is that you aren’t making important decisions for the first time under the pressure of a deadline or government notice.

8. Keep Everything

If you’re handling your immigration matter yourself, organization matters.

Keep copies of what you submit.

Keep supporting documentation.

Keep notices you receive.

Keep important correspondence and records associated with the matter.

And know what was actually sent.

If you later decide to consult an attorney, one of the first things that attorney will want to understand is what has already happened.

“I think this is what I submitted” is a much harder starting point than having the actual record available.

9. Be Careful About Where You Get Immigration Advice

There is an enormous amount of immigration information online.

Some of it is excellent.

Some is outdated.

Some applies to circumstances different from yours.

And some comes from people who aren’t qualified or authorized to provide immigration legal advice.

A video about someone else’s successful immigration experience can be useful context.

It isn’t necessarily a legal analysis of yours.

A friend who went through a similar process may genuinely want to help.

Their situation still isn’t yours.

An online tool can help organize information.

That doesn’t necessarily mean it has evaluated the legal significance of your particular circumstances.

Use resources.

Educate yourself.

But always understand the difference between general immigration information and legal advice about your situation.

10. Know When the Question Has Changed

This may be the most important part of this guide.

DIY often begins with questions like:

Where do I find this form?

What documents are required?

Where do I submit this?

Those are information questions.

But at some point, you may find yourself asking:

Does this apply to me?

Does something in my history create a problem?

Am I actually eligible?

Why doesn’t my previous filing match this one?

How should this fact affect my strategy?

What should I do about this issue?

The nature of the question has changed.

You’re no longer simply looking for information.

You’re trying to understand how immigration law applies to your particular circumstances.

That’s an important moment to recognize.

So, Do You Need an Immigration Lawyer?

Not everyone who files an immigration application will hire private counsel.

And hiring the most expensive attorney you can find isn’t automatically the right answer either.

The question is whether you understand your situation well enough to make an informed decision.

Before proceeding on your own, ask yourself:

Do I understand what I’m applying for?

Do I understand why I qualify?

Do I know what my evidence needs to establish?

Have I considered my complete immigration history?

Is the information I’m providing consistent with previous information?

Are there facts in my history that I’m unsure about?

Do I understand the questions I’m answering?

Do I know what happens after I file?

And finally:

Is there anything here where I’m relying on a guess?

If there is, stop there.

Don’t panic.

Don’t assume it means your case has a problem.

But don’t guess your way through it either.

Get the question answered before you file.

What Are You Actually Paying an Immigration Attorney For?

If you decide you want legal representation, there’s another important decision ahead: choosing the attorney or firm.

Immigration legal fees can vary substantially.

That doesn’t mean the cheapest attorney is automatically providing inferior representation.

It also doesn’t mean the most expensive attorney is automatically the best.

Instead of comparing price alone, compare what you’re actually receiving.

Ask:

• Who will actually handle my case?
• How much attorney involvement will I have?
• Who analyzes my immigration history?
• Who develops the legal strategy?
• Who evaluates my evidence?
• How will I be prepared for important steps?
• How does the firm communicate with clients?
• What happens if an unexpected issue arises?
• What is included in the quoted fee?
• What isn’t?

You’re not simply buying completed forms.

You’re deciding what level of legal analysis, strategy, preparation, communication, and representation you want surrounding your immigration matter.

Understand that before you compare prices.

Already Filed on Your Own?

This series is still for you.

If you’ve already submitted an immigration matter yourself, keep your complete filing and every communication you receive.

If you encounter something you don’t understand, receive an unexpected notice, discover information you’re concerned about, or begin questioning something you previously submitted, don’t assume you need to solve the problem yourself simply because you started the process yourself.

Consider getting legal advice before taking the next step.

Before You File, Know What You’re Filing

The purpose of #BeforeYouFile isn’t to convince everyone reading this that they need an immigration attorney.

It’s to help you recognize the questions that deserve answers before you make important immigration decisions.

Over the coming weeks, Cambridge Immigration Law’s attorneys will break down many of these issues individually:

What should you know about your immigration history?

Why does consistency matter?

What should evidence actually accomplish?

What questions should you ask before hiring an immigration attorney?

Why can attorney fees vary so dramatically?

When might DIY be reasonable?

When should you consider getting help?

And what should you do if you’ve already filed and something doesn’t seem right?

We’ll tell you what to think about, what questions to ask, and when it may be time to seek individualized legal advice.

Because before you file, you shouldn’t have to guess.

BEFORE YOU FILE

Know what to check. Know what questions to ask. Know when to get help.

If you’re preparing an immigration matter yourself and something in this guide made you stop and think, that’s useful information.

You don’t need to assume there’s a problem.

But if you’ve reached a question about how immigration law applies to your particular history or circumstances, consider getting that question answered before you submit your filing.

#BeforeYouFile