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Stage 3: Preparing For Your Trial/Asylum Interview

Finding Legal Representation

What can I expect from my immigration lawyer?

To begin, it is important to remember that you do not need an immigration lawyer in order to go through the immigration process. In the United States, you are able to represent yourself in court, which is called pro se. While finding a high quality immigration lawyer is certainly the best possible outcome, there are instances in which being represented by an immigration lawyer who has not adequately prepared your case will add less value to your case than equipping yourself with self-help information and representing yourself.

 

Below are the basic steps that any competent immigration lawyer will take when they agree to take on your case:

 

  • Your lawyer should first provide you with a retainer agreement, which is a document that outlines the services being provided, your rights and responsibilities as a client, and your lawyer’s rights and responsibilities.

  • Your lawyer will help you navigate the immigration process by providing competent legal representation, advice and guidance. They will represent you before the judge or the asylum office, advise you on your legal rights and obligations; analyze your situation and explain your options. 

  • Your lawyer will have the knowledge to prepare applications for you, advise you on the necessary documents to collect, such as birth or marriage certificates, evidence to present before your hearing, for example. They will also help you prepare your statement and testimony before a hearing, and ensure that all the information they provide to the government on your behalf is accurate and clear. 

  • Your lawyer will respond to your questions within a reasonable time, and will not make any decisions on your case without first consulting you and obtaining your agreement. 

 

As the client of the lawyer, you are responsible for providing consistent, credible information to your lawyer. It is very important that all information provided is consistent, because credibility is crucial and if the information you or your lawyer provides is not consistent, this can create significant problems in your immigration case.

How can I find a lawyer?

Finding an immigration lawyer can be challenging. If you are looking for a free lawyer, you can start by looking up the state you live in and searching on the EOIR full list of pro bono legal services providers found here.

 

You can also search for additional pro bono legal services providers by searching the Immigration Advocates Network’s National Immigration Legal Services Directory by state. This link will take you to the directory for New York State.

 

If you reside in New York City, you can access free, safe immigration legal help in a network of trusted community-based organizations at community sites, public health facilities, public schools, and libraries. Services are provided in your language. Your immigration status does not matter.

 

You can call the City-funded, free and safe MOIA Immigration Legal Support Hotline at 800-354-0365, or call 311 and say "ActionNYC," between 9AM to 6PM, Monday to Friday, to get:

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  • Answers to immigration-related questions Information on immigration policy 

  • Connections to City-funded, free and safe immigration legal help including comprehensive immigration legal screenings and legal representation 

  • Referrals to other community-based resources and support services.

 

If you are looking for a private immigration lawyer, you have a number of options: 

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  • The New York City Bar Association has a lawyer referral service hotline you can call at 917-832-1927 or contact online.

  • The New York State Bar Association's Lawyer Referral and Information Service can also help you find a private lawyer, you can contact their help line by calling 1-800-342-3661 from anywhere in New York State. That number will place you in direct contact with the Lawyer Referral and Information Service, maintained as a public service by the New York State Bar Association. You can also access their website here.

  • You can also search for a lawyer in the American Immigration Lawyer Association’s website at: https://www.ailalawyer.com/

How can I avoid fraudulent lawyers?

The master calendar here, which is described in greater detail in this section, is a more administrative meeting where the immigration judge checks in to see if you are ready to defend your case. The moment where you defend your case is called the individual/merits hearing. It is during this trial that you will present your story and submit evidence. Your immigration judge will then make a decision about your asylum case. 

What will happen at the individual/merits hearing?

If you need immigration legal advice, only go to a lawyer or someone who is accredited by the U.S. Department of Justice (DOJ) or an organization recognized by the DOJ. 

 

If someone says they are a lawyer, ask which state they have a license in. Then, contact the state bar association to make sure they are allowed to work in that state. If someone claims to be an accredited representative, check the EOIR website , or call (703) 305-0470 to see if they are allowed to help. You can also search the EOIR’s roster of recognized organizations and accredited representatives by state and city at this link.

 

If a person says they are a lawyer in NY, you can look up and verify their information by searching their name in the New York State Unified Court System’s website using the following link.

 

Immigration law is federal law, which means that an attorney may be licensed in another state and practicing immigration law while employed in a New York State-based legal services organization, or a private firm in the state. For example, an immigration lawyer might have their license in a state like California and practice immigration law in New York State.

 

MOIA has great tips on how to avoid Immigration Fraud, which you can read about here. 


If you have been the victim of immigration fraud, you should file a complaint with the New York State Attorney General’s Office by going to this page.

What happens if I can’t find a lawyer?

If you cannot find a lawyer or accredited representative, you still have the option to represent yourself. Again, it is important that you retain a lawyer only when you believe that this lawyer would add value to your case. 

 

To represent yourself effectively, we encourage you to start by looking at the Immigration Court Self-Help Legal Resource Center to familiarize yourself with the immigration system and understand your rights in immigration court. These materials are available in every immigration court and online at www.justice.gov/eoir/self-help-materials.  Additional information is available at the Immigration Court Online Resource, which can be accessed at https://icor.eoir.justice.gov. 

 

The resources posted on this website are also intended to empower community members to represent themselves in court effectively.

Stage 3 Questions

Stage 3: Preparing For Your Trial/Asylum Interview

  • What is a trial? Why do some people have trials and other people have interviews?

  • What’s the difference between an asylum interview and a merits hearing?

  • What is the difference between the master hearing and the individual/merits hearing?

  • What will happen at the individual/merits hearing?
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Finding Legal Representation

  • What can I expect from my immigration lawyer?

  • How can I find a lawyer?

  • How can I avoid fraudulent lawyers?

  • What happens if I can’t find a lawyer​​

Pulling Together Your Evidence

  • How do I determine what evidence to prepare for my individual hearing?

  • What is a country conditions packet and how can it help me?

  • Is there anything I should not submit as part of my evidence?

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Submitting Your Evidence

  • How do I submit my evidence?

  • What happens if I don’t have a printer?

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Preparing to Present Yourself

  • I’ve prepared all of my evidence. What else can I do to get ready for my individual hearing?

  • What are some things I should avoid doing during the trial?
     

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