Ask HN: Experience with immigration lawyers

2 points by anemecek 15 years ago | 3 comments

Greetings. Since there are many non-Americans living and working in the US on this site, I was wondering if some of you would be willing to share your experience with immigration lawyers. I was considering getting one approximately a year ago to help me make a plan how to obtain a green card and eventually a citizenship, but then, after doing some research on the Internet about the US immigration laws, it did not seems to me as if a lawyer could really bring anything new to the table as the laws are fairly straightforward. Nevertheless, today I had a discussion with someone who, despite not having personal experience with immigration lawyers, claimed that a lawyer's expertise can help a lot in the whole process. This made me reconsider my opinion so I would be interested hearing about your experience.

I'm not sure if this is relevant but I'm a rising college junior originally from the Czech Republic attending a college in Massachusetts who wishes to stay in the US after graduation. I have seen the similar old threads about immigration issues on HN but this thread is more about experience with immigration lawyers rather than the process itself.

Recommendations for immigration lawyers in Massachusetts are also very welcome.

Thanks to all in advance.

plnewman 15 years ago |

I'm not a lawyer, but I have a little experience.

After completing college you should be eligible for an OPT (optional practical training) visa, which will let you work in the US for a year. You can use that time to catch on with a company who will sponsor you for an H1B.

Speaking more personally, I've dealt with a family-based immigration case but not employment based. I filed my family-based petition mostly on my own, and took it upon myself to learn all the applicable laws and forms and stuff. I say "mostly" because I had a lawyer act as a consultant, and he gave me reviewed my forms, gave me some tips about how to package the filing, and set expectations. It was a lot less expensive than hiring a lawyer to file the application, and it was a big help.

anemecek 15 years ago | |

Thank you for your response. I'm aware of OPT and H1B but from what I have heard, H1B is nicknamed indentured servitude for a reason. The employer is often aware of the fact that the employee has to comply with any of his requirements as if the employee gets fired, and he is unable to find another job soon enough, he'd have to leave the country. Furthermore, I'm not exactly fond of the idea of being an employee, I'm leaning more towards self-employment or founding a startup. But I guess beggars can't be choosers.

plnewman 15 years ago | | |

Yeah, the H1B definitely has a bunch of issues and there is that lock-in affect which is... unfortunate. I would say the employers are always aware of H1B requirements, just some choose to abuse them. You can transfer an H1B visa, but it is a bit of a time-consuming process. H1B's are also only issued in October, which is another limitation.

How long have you been in the States? Would citizenship be an option? In any event, in your case it would be appropriate to have a consultation with an immigration lawyer who can walk you through the various visas that are available and help you figure out which one best matches your situation. There are other employment visas but I am not particularly well-versed in what they are.