Do I need an immigration lawyer? When forms alone may be fine

Not always. USCIS says you do not need a representative to file forms with it, and you may file by yourself and represent yourself; it also says it does not provide or fund representation.⁠^[1] Many people handle straightforward filings on their own. The risk is not in the form itself but in your history: an immigration court case, a past removal order, time spent without status, a false claim to citizenship, an arrest, or an earlier denial can turn a simple-looking filing into one that needs advice first.

When filing on your own may be fine

Filing alone is most realistic when all of these are true:

• You are filing with USCIS, not responding to an immigration court case.
• You clearly meet the requirements in the form instructions, and you can document each one.
• You have never been arrested, charged or convicted anywhere, never been ordered removed, and never been out of status in the United States.
• You have never been denied a visa, a green card or another immigration benefit.
• You have time: no hearing, no response date and no filing time limit is close.

If that describes you, the official materials are free. USCIS forms are available on its website at no charge, and USCIS warns against paying anyone for blank forms.⁠^[7] Check the fee on the USCIS fee schedule, Form G-1055, on the day you file, because an application sent with the wrong fee is rejected.⁠^[8]

When advice matters most

Each of the situations below is tied to a specific rule that can change the outcome of a case, sometimes for years.

You have an immigration court case

An immigration court case is the clearest example. You have the privilege of being represented by counsel of your choice, but at no expense to the government.⁠^[2][9] If you have received a Notice to Appear, what a Notice to Appear means explains the next steps.

You were ordered removed before, or left while an order was outstanding

A person who has been ordered removed, or who departed while a removal order was outstanding, is inadmissible if seeking admission within 10 years of the departure or removal, and longer in some cases.⁠^[5] Whether any exception or waiver applies to you is a legal question.

You spent time in the United States without status

Unlawful presence of more than 180 days but less than 1 year, followed by a voluntary departure before proceedings begin, makes a person inadmissible for 3 years after leaving. Unlawful presence of one year or more makes a person inadmissible for 10 years after departure or removal.⁠^[3] Because the bars are triggered by leaving, get advice before you travel, including for a visa interview abroad.⁠^[3]

You ever claimed to be a U.S. citizen

A person who falsely represents, or has falsely represented, themselves as a U.S. citizen for any purpose or benefit under immigration law or any other federal or state law is inadmissible, with a narrow exception.⁠^[4] This can come up in unexpected places, such as a form you filled out years ago.

You have been arrested or convicted

A conviction for, or an admission of, a crime involving moral turpitude or a controlled-substance violation is a ground of inadmissibility, with limited exceptions.⁠^[6] Bring the court records, even for a dismissed or sealed case, so a lawyer can read what the record actually says.

You may apply for asylum

An asylum application generally has to be filed within 1 year after arrival in the United States, proven by clear and convincing evidence, unless an exception applies.⁠^[10] The one-year asylum filing deadline explains the exceptions.

You were denied before, or your case is stuck

An earlier denial usually has a stated reason, and the next filing has to deal with it. For a case that is taking too long, the options for a delayed case compares inquiries, the Ombudsman and a lawsuit.

A two-minute self-check

1. Is there an immigration court case, a hearing notice or a Notice to Appear?
2. Have you ever been ordered removed or deported, or left under an order?
3. Have you ever been in the United States without status, or overstayed an I-94 date?
4. Have you ever said, written or checked a box saying you were a U.S. citizen when you were not?
5. Have you ever been arrested, cited or charged, anywhere in the world?
6. Have you been denied an immigration benefit or a visa before?
7. Is there a date coming up: a hearing, a response date, or the end of your first year in the United States if you fear returning home?

If every answer is no, filing on your own may be reasonable. If any answer is yes or "I'm not sure," get advice before you file.

Who can give you that advice

Only certain people may represent you before USCIS: a lawyer in good standing with a U.S. state, territory or D.C. bar, an accredited representative working for a Justice Department recognized organization, or a supervised law student or graduate.⁠^[1] Anyone else may give only limited help filling out forms, may not give legal advice, and may charge only a nominal fee.⁠^[1] How to check an immigration lawyer shows how to verify anyone you consider, and notarios and immigration consultants explains why they are not an alternative.

If cost is the obstacle, free and low-cost immigration legal help lists non-profit and pro bono options. A single consultation can also be enough to confirm that your case is as simple as it looks.