What Immigration Lawyers Do

As an immigration lawyer I often find myself having to explain what I do. My mother even once asked me, don’t you just help other people fill out forms? Well, this post is about what immigration lawyers should do and oh, I’d like to dedicate this post to my mother.

What Immigration Lawyers are Supposed to Do

1. Planning

It has often been said that the Immigration and Refugee Act and Regulations are the most complex pieces of legislation next to the Tax Act. To determine what these written laws mean, the Federal Court decides thousands of cases each year as lawyers argue different interpretations of the law. On top of this, Citizenship and Immigration Canada (CIC) has hundreds of written policy manuals and bulletins issued to its officers as to how to apply the law. There are also numerous internal policies that are not publicized and unwritten cultures in each visa post that govern how the officers are supposed to make decisions.

A good lawyer should help you navigate through the multitude of legislation, court cases, policies, and unwritten cultures to make a plan to reach your goals. Your lawyer can help you determine the categories that you qualify for permanent or temporary residence or how you might go about qualifying for a particular category. Your lawyer should also advise you on how and where to apply in order to maximize your time and ability to obtain a positive determination.

When you try to go through the immigration jungle, it becomes immeasurably easier and safer if you have a map with you.

2. Preparation

Ah the inevitable forms! 90% of the time when I ask my clients to complete an immigration form I will have to amend the forms to correct mistakes, explain what the situation actually is, and cut out details that are extraneous. All of these errors can lead to unnecessary delay and possible refusals if they were submitted uncorrected.

In addition to the forms, most applicants will have to obtain documents that are particular to their own unique situation that may not be listed on the document checklists issued by CIC. The burden of knowing what documents to submit lies with the applicant. In the past visa officers have often been willing to give the applicants a second chance and will send them a letter to request for more documents. However, in June of 2009 CIC has issued a formal policy which states that officers no longer have an obligation to do so. Most applications which do not have the necessary documents will be refused without further notice.

Finally, think of applying for an immigration status as going to court. Under Canadian immigration law, the officer who is making the decision is a tribunal (a miniature court). Instead of arguing your case orally, however, everything is usually submitted by writing. You can go before the officer with a lawyer representing you who will argue your case in the lawyer’s legal submissions or you can go by yourself without saying anything on your behalf. If you wouldn’t represent yourself in court, you should think twice about representing yourself in an immigration application.

3. Monitoring

People make mistakes and officers are certainly human. Immigration officers leave some applications to the bottom, they make unreasonable decisions, and sometimes even lose applications. A good lawyer will be able to contact persons at the offices, make complaints to supervisors, and argue with unreasonable decisions. These crucial actions remain unavailable to most lay persons who can experience unfair hardships as a result of the office’s mistakes.

4. Rectifying Mistakes

Finally, if you have made a mistake in the past or have hired a bad consultant or lawyer, you will need a good lawyer to try to help you rectify your situation. Good lawyers can help you reapply, appeal your case, or suggest alternative routes.

However, beware that the immigration system is extremely unforgiving. Once you have a black mark against you in your file, your case usually becomes exponentially more difficult. Hindsight is 20/20 and speaking on behalf of the many clients who have come to us after they made mistakes by themselves, it is worth it to do it right the first time.