What are the Risks of Filing For Immigration Benefits Without an Attorney?

Our immigration laws are incredibly complex and often convoluted, so if you've decided to file for immigration benefits for yourself or on behalf of a family member, there are inherent risks involved that should be taken into consideration. An honest mistake or misunderstanding of an application question can be the difference between having your benefit request denied or being placed into removal proceedings. This is not to strike fear into those who wish to handle these applications on their own, but to simply recommend taking extreme caution, especially if you are unsure how to answer certain questions or feel that you might not have the exact evidence the government is requesting.

For some people, hiring an immigration attorney to assist with the petition/application process may not even be financially feasible and since our immigration laws do not provide a right to an attorney, these individuals are left with little to no choice but to handle matters on their own. Whether you've consciously chosen to file the petition yourself or just cannot afford an attorney, the risks involved with this process differ greatly depending on the facts and circumstances of your situation. Something that you may think isn't a big deal or shouldn't have an effect on your petition could be a major issue for the U.S. government and become a factor in why your petition/application was denied.

So, what are the risks of filing for immigration benefits on your own? The biggest and most consequential risk, of course, is causing yourself or your family member for whom you're petitioning to be placed into removal proceedings and be formally removed from the United States. Fortunately, under the Biden administration, an application/petition denial does not result in an immediate referral to immigration court; however, if you've answered questions on the petition or at an interview that suggest you or your family member are inadmissible to the United States, you could be placed into removal proceedings. Potential grounds of inadmissibility that can be uncovered in the application process are past criminal history, past/current immigration violations and admissions of fraud/misrepresentation.

There is no bigger more obvious threat than the risk of being forced to leave the U.S. and be separated from your friends, family and the life that you have built here. For this reason, it is urged that you take extreme caution when submitting petitions on your own, especially if there are any complications like past criminal history or immigration violations. Another risk of filing on your own is having your application denied for an error on your part, which can and may result in wasted time and money. If an application/petition is denied, you will have to go through the appeals process, which comes with its own filing fees and complications. For other types of petitions, you may be required to start the process over from the beginning, whereby you must resubmit everything and pay the filing fees again. This could result in unnecessarily spending thousands of dollars to repeat the process you just went through.

Finally, depending on the nature of your application, a more or less serious risk involved with filing on your own is triggering a Request for Further Evidence ("RFE"). An RFE can be a request from the government asking for additional evidence to support your application. For example, additional proofs that you're in a bona fide marital relationship. In the alternative, it can be a question raised about your application that would require a legal brief in response to the issues. I say that RFEs are a more or less serious risk because if you are just asked to provide additional evidence, and you have it, then you just slightly delayed your application; however, if a legal brief is required, your case just got that much more complicated.

In summary, the risks involved with filing on your own are as follows:

Risk of you or family member being placed into removal proceedings;
Risk of application denial based on your own errors or misunderstanding of questions;
Risk of spending additional time and money on appeals and reapplying for benefits; and
Risk of triggering a Request for Further Evidence, which comes with its own potential complications

Although filing for immigration benefits on your own is certainly possible, it should be done with extreme care, caution and reservation. It is up to you to weigh the risks involved with handling matters on your own. Do not hesitate to speak with an experienced immigration attorney to help advise on what may be right for you and the circumstances of your matter.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.