How to Find a Free Asylum Attorney

by Jason Dzubow

If you want to hire a lawyer to help you with your asylum case, you’ll find that attorney fees are all over the map. Some lawyers charge tens of thousands of dollars for a case. The larger immigration firms typically charge in the five to ten thousand dollar range. “Low bono” lawyers–and I include myself in this group–charge a few thousand dollars for an asylum case.

Remember, when you use a pro bono attorney instead of hiring me, you are taking food from the mouths of my children.
Remember, when you use a pro bono attorney instead of hiring me, you are taking food from the mouths of my children.

But what if you do not have any money for a lawyer, and even a “low bono” fee is too much? The options then are to do the case yourself (usually not a great idea) or to find a pro bono attorney.

Pro bono (short for “pro bono publico”) is a Latin phrase meaning “for the public good.” In the legal context, it basically means that the lawyer does the work without charging the client any money.

There are different types of pro bono attorneys. The major categories are lawyers who work for charities, attorneys who work for law school clinics, and private attorneys who volunteer their time. There are advantages and disadvantages to each type of pro bono attorney, and strategies for finding an attorney in each category are a bit different.

I suspect that most asylum seekers who find a pro bono attorney do so through a charitable organization. You can find a fairly comprehensive list of such organizations on the Executive Office for Immigration Review website (EOIR is the government agency that administers the nation’s Immigration Courts). The list is organized by state, which is helpful. If you do not see your location, click on a nearby state and you should find charities that serve your area. The American Immigration Lawyer’s Association (an association of private and non-profit attorneys) maintains a similar, and probably more comprehensive, list. Many of the organizations on these lists are free. Some charge a nominal fee (though in certain instances, I have heard about “nominal fees” ranging into the thousands of dollars, but this is the exception, not the norm). Also, most such organizations will not take a case where they believe the asylum seeker has the ability to pay for a lawyer.

The main disadvantage of using a charitable organization is that they are very busy, and they may not have the capacity to take your case. Also, if you need your case done in a hurry, they may not be able to accommodate you. Indeed, the reason lawyers like me exist is because the charitable organizations do not have the resources to help everyone. If you are able to obtain representation from a charity, they will either do the case in-house, or they will find you a volunteer attorney who will work under their supervision. Many of these volunteer attorneys do not specialize in asylum. However, the non-profits are adept at training and supervising their volunteer lawyers, and in most cases, you will get excellent representation.

So how do you get one of these charities to take your case? It often is not easy, and you may need to call/email/visit a number of organizations before you find one that can help you. But if you are persistent, you may be able to obtain representation. If one organization cannot help you, ask whether they can recommend another to try. It can feel like a full-time job to find a pro bono lawyer, but those applicants who make the effort are often able to obtain representation.

Another type of pro bono representation is the legal clinic. Many law schools have clinical programs where a law professor supervises law students in real-life cases. The students do the actual work on the case. I do not know of a comprehensive, updated list of law school immigration clinics, but this list (in Excel) from the Law Professors Blog Network should get you started. Also, you might try Googling “Law School Immigration Clinic” + the name of your city. Again, these clinics receive many requests for assistance and they have limited capacity, so it is often difficult to get one to represent you.

If you are represented by a law school clinic, you will work mostly with the students–after all, the primary purpose of the clinic is to provide a learning experience for the students. The obvious question is whether law students have the ability to adequately represent asylum applicants in court or in the asylum office. My observation is that, what the students lack in experience, they make up for in enthusiasm and energy. Also, the supervision at clinics (at least the ones I have seen) tends to be excellent. I do not know of any studies on this, but I expect that the success rate of clinical students is comparable to the success rate of practicing attorneys. One issue for clinics is that their cases must be scheduled according to the academic calendar, which can sometimes cause additional delays (though sometimes, it can make things faster instead).

Finally, many law firms have pro bono programs where the firm will represent individuals free of charge. Most firms get their pro bono clients from charitable organizations, but they can take on individual cases directly. If you know someone at a law firm (or if you know someone who knows someone), you might want to ask about this. If the attorney is not familiar with asylum law, she can likely partner with a non-profit organization, which will supervise her (the non-profits usually love to get new volunteer attorneys and are happy to help).

In truth, it is often difficult to find pro bono representation. Resources are stretched thin. But if you persevere, it is possible to find a free attorney. And having an attorney can make a big difference in the outcome of your case.

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Lessons Learned from Cases Lost

by Jason Dzubow

They say that those who do not learn from history are doomed to repeat it. In that spirit, I’d like to discuss some asylum cases that I’ve lost (or at least that were referred by the Asylum Office to the Immigration Court) and why the cases were not successful.

Remember: You can't spell "client" without "lie."
Remember: You can’t spell “client” without “lie.”

I am prompted to write about this topic by a recent, unpleasant experience at the Asylum Office. My client was an Iraqi man who claimed to have been kidnapped by a militia, which targeted him due to his religion. Unfortunately–and despite us directly asking him about his travels–the man failed to tell us that he had been to Jordan and applied for refugee status there through the UN. At the interview, the client again denied that he had ever been to Jordan, but then the Asylum Officer told him, “Service records indicate that you applied for refugee status in Jordan in 2011” (whenever an Asylum Officer begins a sentence with “Service records indicate…”, you know you are in trouble). The client then admitted that he had been in Jordan for a year. At this point, it was obvious to me that things were only going to get worse from there, and so I recommended that the client end the interview immediately, which he did. That is the first time I ever had to end an interview in this way, and, frankly, it is pretty upsetting. The case has now been referred to court, where–if I continue as the attorney–we will have a mess on our hands. So what are the lessons?

First, and most obvious: Don’t lie to your lawyer. In the above example, if the man had told me about his time in Jordan, we could have dealt with it. He didn’t and so we couldn’t. Unfortunately, many immigrants take the advice of their “community” over that of their lawyer. Asylum seekers need to understand the role of the attorney–it is our job to represent you in a process that can be confrontational, and so the government can use information from your past against you. If you don’t tell your lawyer about past problems (especially when he specifically asks you), we cannot help you avoid those problems.

Another lesson is that the U.S. government often knows more than you think they know. If you have crossed a border, it’s likely that the government knows about it. The Asylum Officer will have access to anything that you said during any previous contacts with the U.S. government (including during visa interviews). The Asylum Officer also probably has access to anything you said in interviews with other governments or the United Nations. So if you lied in a prior encounter with the U.S. government or any other government, you’d be well advised to inform your attorney. That way, he can try to mitigate the damage. Also, in asylum cases, where a person lies to obtain a visa in order to escape persecution, the lie is not necessarily fatal to the asylum claim. See Matter of Pula.

A different area where we see clients get into trouble is with family relationships. Sometimes, a client will say he is single when he’s married, or that he has five children when he has two. Of course, if the client listed different relatives on a visa application, the U.S. government will know about it, and the lie will damage the client’s credibility. Why would a client lie about this? The most generous explanation, which has the virtue of being true in some cases, is that the client considers the listed relative to be his child, but there is no formal adoption and the client does not understand the legal niceties of the question. In many societies, people who raise a relative’s child consider that child their own. As long as the client explains the situation and the Asylum Officer doesn’t think the client is trying to hide something, she should be fine, but again, if the client doesn’t tell the lawyer, the lawyer cannot properly prepare the case.

Speaking of family cases and cases where the government knows more than you’d think, I had one case where the woman got married, but did not list the marriage on her asylum form (and did not tell me). In fact, she really did not consider herself married–she signed a marriage contract, but never consummated the marriage, and she seemed to have put it behind her. Unfortunately for her, the Asylum Officer somehow knew that she was married. The result: Her case was denied and referred to court. Had she informed me (and the Asylum Office) that she was married, she likely would have been approved–her brother’s case was approved under the same circumstances. So again, the lesson is that the government may know more than you think they know. 

The bottom line here is that when preparing an asylum application, it is a bad idea to lie. The U.S. government knows a lot. How do they know so much? I don’t know. Maybe ask Edward Snowden. But the point is, if you are filing an asylum application and you are not forthcoming with your responses, you risk losing your case.

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The Perils and Promise of Low Bono

by Jason Dzubow

“Low Bono” refers to providing legal representation for less than market value. The idea is that for certain clients who cannot afford an attorney, the attorney will reduce her price so that the client can hire her.

Lobo, No!
Lobo, No!

When lawyers represent asylum applicants (or anyone else) on a low bono basis, there is an obvious benefit to the applicant and to “the system,” but what’s in it for us? Why would an attorney do this? The most obvious reason is because the attorney wants to take the case—either to help the client or because it is an interesting or important matter. Another reason is that “market value” for an attorney’s time is simply too high for most potential clients. Both reasons apply to my decision about setting my fee for an asylum case: I am interested in asylum cases and that is the type of work I choose to do, and the market for asylum seekers won’t support high attorneys’ fees, at least not for most applicants.

For asylum cases in the DC-area, fees vary widely. I have heard about attorney’s fees as low as $900.00 for an affirmative case, and as high as $7,500.00 (and I even once heard about a case where the lawyer charged $80,000.00—dare to dream!). Most attorneys who primarily represent asylum seekers (such as myself) charge between $2,000.00 and $3,000.00 for a case. My fee for most cases is $2,800.00, which is a flat fee, meaning it includes photocopying and mailing, as well as attending the asylum interview. I have never calculated how this translates into an hourly fee (it would be too depressing), but I have no doubt that it is well below “market value,” whatever that means.

There is a great benefit to charging an affordable fee: You can get the types of clients and cases you want to do. And in this sense, I have been very lucky. I’ve represented journalists, human rights workers, women’s rights advocates, diplomats, and politicians, among many others. Given the good luck I’ve had with my clientele, I really shouldn’t complain, but since this is my blog, I will anyway. After all, wasn’t it Descartes who once said: “I complain, therefore I am.”

My main complaint is related to the backlog, and to delays with asylum cases in general. Before the backlog, most asylum cases would take maybe six or eight months from the time of hiring to the time of decision. Assuming a successful outcome, that was the end of the matter for me. Now, cases may take years. This means that the client contacts me for all sorts of things, from work permits to travel documents to requests to expedite to changes of address. All this extra work takes time; time for which I do not charge my clients.

But since we lawyers make a living by charging for our time, it’s only fair that we get paid for the additional work. As a practical matter, though, seeking fees for this work can be difficult. Clients are already stressed due to the backlog and charging for dribs and drabs of additional work seems a bit petty. Also, raising the fees for a case makes it more difficult for clients to hire lawyers, so charging for the additional time can create an access-to-justice issue: Higher fees = fewer represented asylum applicants.

But there is a cost to the attorney for not charging. Extra work for one case means less time for another. It also means more stress in general. Maybe there is some sort of balance that can be achieved here, but I have yet to find it.

Another problem of low bono is that with less money coming in, the attorney must spend less time on each case. This is not necessarily a problem that results in less successful outcomes for the clients (because although we spend less time on each case, we do a lot of asylum cases, so we become proficient at it). However, it does take some of the pleasure out of doing this type of work. Much of the attraction of an asylum case is the human interaction. But when there is less time for each case, there is less time to spend with the client. It’s common, for instance, for a client to offer to take me to lunch or dinner after a case is granted, but I almost never go—there simply isn’t time.

In the end, of course, I am my own boss, and I set my fees in a way that (theoretically) maximizes my own happiness with my practice. I want the interesting cases and the cool clients. That is what makes the job worthwhile. The extra work caused by the backlog has made this more difficult; it has upset the equilibrium. For now, I will keep on keeping on, but if the backlog persists, I don’t know whether the “low bono” model is sustainable. I hope that it is, but with each passing day in Backlogistan, I feel less optimistic.

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How to Hire an Immigration Lawyer Who Won’t Rip You Off

by Jason Dzubow

I’ve written previously about the poor state of the immigration bar.  And while there are–unfortunately–too many bad lawyers, there are many excellent ones.  The question is, for an immigrant unfamiliar with the American legal system, how can you distinguish between the good and bad?  In other words, how do you find a lawyer who will assist you, and not just take your money?  Below are some hints that might be helpful:

If your lawyer wears a cape, that is probably a good sign.

– Bar complaints: Complaints against lawyers are often a matter of public record.  So you can contact the local bar association (a mandatory organization for all lawyers) to ask whether a potential attorney is a member of the bar and whether she has any disciplinary actions.  You can also look on the list of disciplined attorneys provided by the Executive Office for Immigration Review (“EOIR”).  Sometimes, good attorneys are disciplined, but if an attorney has gotten into trouble withe the Bar, it would be helpful to know why.

– Referral from non-profits: Most areas of the country have non-profit organizations that help immigrants (EOIR provides lists of such organizations here).  While these organizations are often unable to take cases (due to limited capacity), they usually have referral lists of attorneys.  I would generally trust the local non-profits for recommendations, as they know the lawyers and know their reputations. 

– Referrals from friends: Most people who hire me were referred by an existing or former client.  However, from the immigrant’s point of view, I do not think that this is the best way to find a lawyer.  They say that a million monkeys with a million typewriters, typing for a million years will eventually write a novel.  It is the same with bad immigration lawyers.  Once in a while, they actually win a case (usually through no fault of their own).  The lucky client then refers other people.  I suppose a recommendation from a friend is better than nothing, but it would not be my preferred way to find a lawyer.

– Instinct: If you think your attorney is not doing a good job, he probably isn’t.  Attorneys are busy people, and they may not be as responsive as you might like, but if your attorney never returns calls and is never available to meet with you, that is a problem.  Also, if your attorney seems unprepared in court, that is obviously a bad sign.  If you are having doubts about your attorney, nothing prevents you from consulting with a different lawyer for a second opinion.

Hiring a lawyer can be tricky, especially for someone who is unfamiliar with the American legal system.  Given that the quality of lawyers varies so much, it is worth while to spend some time investigating a lawyer before you hire him.  That is the best way to protect yourself and (hopefully) ensure that you receive the legal assistance that you need.

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Full Disclosure: What Your Lawyer Doesn’t Know Can Hurt You

by Jason Dzubow

My friend, who is a keen observer of the Immigration Court and USCIS (and who wishes to remain anonymous), has noticed that clients often hide or forget information that effects their cases:

There are surprises in life we all wish we could avoid. Finding a hair in your meal at your favorite restaurant comes to mind, but for lawyers there is an even worse scenario: Showing up to court (or an immigration interview) only to find out that YOU (the client) have failed to tell the lawyer the most important information about your case. Imagine being “surprised” by the government’s trial attorney or an immigration officer with (for example) the revelation that his/her clients has an aggravated felony conviction and is not eligible for the relief sought.

Tell your lawyer everything and you will increase your chances of success.

Though the above example above might seem extreme, it never ceases to amaze me the information that clients seem to “forget” to share with their lawyer: from the fact that they are awaiting trial for two or three misdemeanors (which occurred within three months of the client’s immigration hearing) to changes in domicile that can cause the case to change venue (move to
another location) at the last minute.

The failure to share crucial information with your lawyer is akin to not telling your doctor you have clotting problems as he prepares to do surgery on you. Imagine the complications that would arise in the operating room!

Not having all the facts of the case could be worse than being lied to, (which most seasoned professionals can spot a mile away) since it makes the lawyer look unprepared and negates all the work and effort he/she might have put into the case! As the saying goes, “Forewarned is forearmed”: If a lawyer knows what the issues are, he/she can prepare accordingly and present the best possible case.

Perhaps what’s even more shocking is the fact that clients often “forget” to mention facts that can help their attorney build a stronger case and present a more convincing argument. There are even times when information not shared might have opened the door to more options when it comes to relief before the court or CIS. When presented too late, this information is of no help to the applicant.

Some information you should always share with your attorney (but that routinely seems to be overlooked) is:

– Arrest: No matter when or where they took place. Whether you live on the East or West Coast. Arrest that happened ANYWHERE in or outside the country do count!!! DUI and DWI should always be mentioned! Even if you were not convicted and someone told you the case would be purged.

– Convictions: Once again, no matter when or where these happened. All of the above information regarding arrests applies here.

– Stays in a third country (a country that is not your home country and that is not the United States) no matter what the length.

– Previous applications that you might have filed before USCIS (including INS), the Asylum Office or the Immigration Court.

– Witnesses: The availability or absence of witnesses might be crucial to a case.

– Medical Conditions: Whether they are yours, a family member’s or a witness’s.

– The number of ALL people living in your house and their relationship to you.

– The immigration status of all your relatives living in the United States. If you have relatives who previously lived here and left, you should tell your attorney about them as well.

In short, the more you tell your lawyer, the more he/she can help you with your case. Finally, remember that everything you tell your attorney is confidential—the attorney is not allowed to reveal this information to anyone.  By giving your attorney all the information, you increase your chance for a successful outcome in your case.

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