Selecting the right attorney or law firm to work with is very difficult and requires careful consideration of several factors. The first mistake clients make in choosing an attorney because of their title is a big mistake because not all lawyers are born equal. So, please don’t do that. Clients need to understand that the legal profession is like any other, and a careful interview with the lawyer is necessary before deciding to go with them. There are good and evil in our profession, like any other. Here are some essential factors to consider:
- SIZE OF FIRM: The firm’s size will be important if the case is complex. A complex case has many moving parts and demands more resources, however, bigness does not equate to excellence, so it is essential to have the right balance.
- EXPERIENCE AND COMPETENCE: This is a significant factor in choosing an attorney or firm. A competent attorney can be the key to winning your case, but a skilled attorney working alone and stretched out may not be a match for the prosecutor and an overzealous judge. So, choose carefully.
- RECOMMENDATION FROM A TRUSTED SOURCE: This can be useful, but remember that every case is different, and your friend’s case might be very different from yours and requires different skills to take it to the finish line successfully. Recommendation from a trusted friend or family member is fine but verify the lawyer’s or firm’s credentials.
- STAY OF REMOVAL OR DEPORTATION
We recently used this tool for a client with a previous deportation who was arrested by ICE. Depending on your particular situation, this can be the last tool to be used in your fight to remain in the U.S., especially if you have no other options. The form used for this tool is Form I-246 and is filed with the ICE office with jurisdiction over your case. This is usually how things go. You had a case before the court that was unsuccessful and ended up with a final removal order. But in many cases, ICE will not execute the final order of deportation until you commit a crime or a series of crimes. Recently, a client of ours with a removal order was charged with a series of crimes and was arrested by ICE. When this happens, you or your attorney can file this form and a filing fee of $155.00. ICE will consider the following factors when adjudicating your request: (1) serious medical conditions where continued detention would not be appropriate; (2) pregnant women; (3) certain juveniles; (4) applicants who will be witnesses in court in the U.S.; and (5) applicants whose continued detention is not in the public interest.
As you can see, meeting the above factors can be challenging. Sometimes, your application can still be denied if you meet one or more of the above factors where an applicant has been convicted of serious crimes or serious charges against them.