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It is best said by a former client of our firm: “Dear Mr. Wilner. I just wanted to follow up and thank you again for obtaining the Permanent Residency Card for my wife. When we had all but given up, you persevered and did not give up. It was by your continuing to believe in us and never quitting that my wife is now approved. Our case was very difficult yet you were able to accomplish our goals, and this was by your direct effort and hard work. Thank you again for all that you have done for us.”
Not a day goes by where you don’t hear about immigration on the news. Be it talk radio, television or print, immigration is a hot topic. Most recently, you would have heard that the Dream Act—proposed legislation to grant benefits to the illegally present children of parents who entered the United States illegally—was shot down. While pundits suggest that this is a bell-weather for no legislative immigration “relief” in the near future, keep the following in mind: there is no substitute for hard-work and credibility; there is no substitute for knowing the law. This goes for you and your lawyer.
As I read the bulletin in Immigration and Customs Enforcement’s website yesterday about several infamous local immigration lawyers pleading guilty to immigration fraud (congratulations to the Department of Homeland Security and the U.S. Attorney’s Officer regarding the same!), I thought to myself, how is it possible that lawyers could and would engage in such conduct. I asked myself, was it greed that caused them to travel down the fraud path? Was it that they didn’t care about the law that they were practicing? Could it have been that these persons who called themselves “immigration lawyers” didn’t know immigration law?
While I believe that the guilty lawyers knew exactly what they were doing, soon after concluding my thoughts, a potential client came to my office, asking if her present lawyer was telling her the right thing. Actually, she inquired if the lawyer’s secretary/wife, who was demanding more money to complete the case knew what she was talking about? After my astonishment settled, I informed my potential client that no, she wasn’t given the right information. Specifically, I informed her employer’s filing of a PERM application on her behalf does not automatically put her in status, that even if the PERM application is approved a priority date would need to be current in order for her to file for permanent residence and that she would be unable to do so for a matter of years. Simply, she would not be able to file for permanent residence absent a change in the law.
Point is this. If you hire a lawyer, make sure you talk to your lawyer. If your lawyer is telling you things that appear to be too good to be true, you may wish to get a second opinion. A lawyer that has a lot of clients doesn’t make him a good lawyer. It just makes him busy. Perhaps too busy to tend to your needs. Perhaps too busy to know the law? Perhaps too busy to care? There is no substitute for hard work and preparation. Doing it the right way is the only way.
©Richard M. Wilner
Wilner & O'Reilly, APLC - Immigration and Nationality Law
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