It is a well known adage, “you get what you pay for”. Yet, many wonder if this applies to Do It Yourself (DIY) immigration applications. After all, there are tons of resources out there and it may be possible to save on those attorney’s fees.

It is a possibility. There are some who have successfully completed their own immigrant applications, but it requires much time, effort, and research. DIY applications are especially viable in certain circumstances. Some immigration-related petitions are relatively simple. Most F-1 students apply for their OPTs by themselves. Visiting relatives with a B-2 visa extending their stay may also simply file an application by themselves.

For those who have the time to intensively research immigration issues, DIY is also a viable option. Many people can grasp the principles of immigration law after substantial research. In this case, DIY could successfully complete the application and save money.

DIY is also a possibility if one is restrained by financial resources and cannot afford professional services. In this situation, we suggest that the applicant seek reliable immigration information. We are empathetic towards these applicants and encourage them to explore the current news, specific case analyses, definitions, and other immigration reference material on our website.

However, if the applicant does not conduct extensive research, he or she may eventually fall into a variety of traps. Some hire cheaper “representatives” for their case, only to find that these representatives have no accountability. Others fall prey to books, websites, and kits that contain outdated information. The wrong forms are filed and cases are delayed. The truth of the matter is, immigration law is very specific and very time sensitive. Requirements are always changing and every case necessitates a different approach. What has worked for a friend or neighbor in a similar situation might not work on yours. Immigration law has many subtle gray areas for which there is no simple “yes” or “no” answer. In the end, many people still end up hiring an attorney to fix the problems created by a DIY application.

If you are filing a DIY petition, there are a few things to beware of:

Make sure you get all instructions and filing forms directly from the USCIS. Many third parties post forms on their sites, but these can be outdated. A wrong or expired form could delay your application for years. As the USCIS warns, “Many non-USCIS websites offer immigration forms. Some will sell you a downloadable form for a fee. These sites are not affiliated with USCIS, and these sites may not have the latest versions of forms. In some circumstances, use of older forms may result in your application or petition being denied or delayed. The latest version of these forms is always available on http://www.USCIS.gov”.

Always use recent and professional resources. Many books and websites do not account for the most recent changes in immigration law. What may have been true when the book was published, a few months later, may no longer hold. There are also many immigration websites published by every Tom, Dick, and Harry. Some contain personal experiences, and while your case may be similar, you should never base your application off this information. Other websites that offer kits and insider information are simply fraudulent. Never trust information unless it comes from an official, well-known source such as the American Civil Liberties Union (ACLU) or the American Immigration Lawyer Association (AILA), or established immigration law firms.

Keep track of your case status periodically. The USCIS is run by human beings and swamped by hundreds of thousands of cases. If there is a mistake or mishap with your case, it is important to notify the correct authorities as soon as possible.

DIY is a tradeoff between bearing attorney fees but increasing your chances on one hand or spending time and bearing emotional costs on the other hand. DIY can save attorney fees, however, it may increase the opportunity and emotional costs. The immigration process can be very long and complicated. It can sometimes be even further delayed by a misinformed attorney or the USCIS. Many times, setbacks such as quota limitations or RFEs can be taxing both emotionally and psychologically.

Hiring an attorney can reduce this emotional cost by offer you peace of mind. You know your case is filed correctly, that someone is closely watching its status, and that you have someone experienced on your side if anything unusual happens. When you hire a good attorney to handle your case, you know your case is in good hands. This knowledge may help you release emotional stress during the application process.

An experienced immigration lawyer can also increase your chances by making your application process smoother and faster, and possibly, even helping you get a green card sooner. In addition, a skilled lawyer can help adapt your case to any curveballs thrown your way. Many cases are issued a Request for Evidence notice (RFE). Recently, the USCIS has issued RFEs on many NIW and EB-1 cases. Some RFEs are confusing and very tough to address. Since RFEs are unique to each case and have no general rules, an attorney can help tailor a response and make sure the USCIS questions are clearly addressed.

In the end, you do get what you pay for. There are pros and cons for either DIY or retaining an attorney. The decision is one that should be weighed carefully. After all, an immigration petition is something that will affect the rest of your life.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, PC.
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*This article is based on the state of the law as of the posting date. It is the responsibility of the reader to verify that the law has not changed by consulting an attorney, although Zhang and Associates will make every effort to ensure that our articles are updated periodically.