IMMLAC Written Consultation Services for Attorneys
Written consultations address complex questions about your case and assist in developing case strategy and management. A consultation might be requested to:
- Review a foreign national’s immigration history to determine if he or she is subject to inadmissibility charges, such as the unlawful presence bar, or removability charges, such as fraud at the time of adjustment, and if so, what relief might be available, if any;
- Review the charges alleged in a Notice to Appear to determine if said charges are sustainable (keeping in mind the different burdens of proof for admissibility and removability) or if there are any other bases upon which to challenge the NTA;
- Determine the immigration consequences of a criminal conviction and what relief might be available in light of said conviction, if any (this could include a suggestion to seek post-conviction relief). It is obviously best to have this analysis done before a conviction results to avoid any immigration consequences, if possible. Unfortunately, this question seems to arise more often after the conviction results. For instance, this question might arise in the context of applications for certain relief; upon deferred inspections; in an effort to seek bond; and removal proceedings;
- Review of Freedom of Information Act documents to determine the posture of the case and the options for moving forward; or
- Review of a decision by the U.S. Department of Homeland Security, an Immigration Judge or the Board of Immigration Appeals to determine what options are available to move forward, i.e., reconsideration, refiling or appeal. For instance, a motion to reconsider might be the better course of action in the context of a motion to reopen and rescind an in absentia The requirements for being able to enter an in absentia order are regularly confused with the requirements for proving lack of notice to rescind an in absentia order. In the context of a visa petition, however, refiling might be the best choice.
A consultation is a written product that sets forth the reason(s) for the consultation, a short answer, statement of facts and procedural history, and in depth analysis of the case. The consultation is, in essence, a mini brief that can be adopted into a formal letter to a branch of DHS, a motion or full brief. The consultation is based on comprehensive review of the facts and documents you provide as well as exhaustive legal research.
The summary of facts you provide should include name, A-number, country of origin, and any other facts that may be helpful in answering your questions for purposes of the consultation. If most of the facts can be gathered from the documents provided, then you do not have to provide a lengthy recitation of facts. If there is very little documentation, however, you should provide as much background as you can.
The documents submitted for review should include anything you believe relevant to the basis of the consultation. For instance, this might include Freedom of Information Act documents; criminal records; medical records; financial records; affidavits; the Notice to Appear; a decision of the Immigration Judge, Board of Immigration Appeals, or U.S. Citizenship and Immigration Services; credible fear interview notes (the formal notes from the Asylum Office as well as your notes, if any); or background country condition reports.
Providing sufficient facts and documents for IMMLAC to review is critical to ensure a thorough and accurate analysis.
If, as a result of your consultation, you would like IMMLAC to draft a letter, motion, or brief, your consultation fee will be credited toward the fee for the letter, motion or brief. Consultations typically take 3-5 days. If you need a response sooner, an additional fee may apply. Redacted samples of consultations are available upon request.
Contact us today to start planning your strategy.
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Consultation Services for Non-Attorneys
IMMLAC does not typically offer consultations to non-attorneys. IMMLAC can refer you to an immigration attorney in your area who may be willing to take your case.
Please contact us to request a referral.