Question: I have been in the United States for many years. I think there were several things I could have done in the past to help my situation, but did not know exactly what to do. Unfortunately, I let the opportunities pass because I was afraid to see a lawyer. To be honest, I was afraid they would turn me in to INS. Can you tell me what I can do?
Answer: First, you should not be afraid to see a lawyer. Lawyer’s have what is known as the Attorney-Client Privilege. This means that whatever you say to a lawyer cannot be discussed with anyone. If it is, then there is a very serious violation of the Professional Ethics of Responsibility.
Question: What is the reason for the Attorney-Client Privilege?
Answer: Actually, it is meant to protect people in your exact situation. People must not be afraid to see a lawyer to help them. If they thought that the lawyer would either tell someone, or turn them into INS, people would either not come for help, or would not tell the whole story. Naturally, if they did not tell the whole story, the lawyer could not fully represent them.
I have had clients in the past who did not tell me they had prior deportation orders. When the time came to submit everything, these people could have easily been detained and deported. Luckily, I found out the truth. However, had I not found out the truth, there cases would have been severely compromised.
Question: What happens if I get laid off or have a disagreement with my attorney? Can he or she then turn me in to INS?
Answer: No, the attorney-client privilege stays in tact forever. This means that years after the case is over, the attorney can still not disclose the facts of the case. Immigration is a very unique area of law. This is because many times people are afraid of being deported and assume that an attorney is an American who would either be working on behalf of the government or under an obligation to inform the government. While in some countries that may be true, it is not true in the U.S. An attorney is a person who wants to represent you to help you with your immigration problem. You need not be afraid to go into the office of an attorney. There are many constraints on what an attorney can and cannot do. All of these restraints are made to protect the public. Many times you are afraid and alone. Do not let another opportunity pass to obtain legal status because you think the attorney will call INS. You will only be hurting yourself in the future. In most cases, by helping yourself, you will also help your family. If you want to make absolutely certain that it will not be disclosed, make certain the attorney you are seeing is a licensed attorney. Only after you see an attorney and fully discuss every detail of your case can you get full and complete representation.
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Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 