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Will my attorney tell INS about me?

Posted on January 7, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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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Title: Will my attorney tell INS about me?

Posted on October 14, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 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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Will my attorney tell INS about me?

Posted on August 4, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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.

https://cbocalbos.wordpress.com/tag/ins/

https://cbocalbos.wordpress.com/tag/ins-deportation-2/

https://cbocalbos.wordpress.com/tag/ins-attorney/

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PERM: 245(i): Am I or am I not under it?

Posted on May 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard a great deal of 245(i) and how people who are here illegally can still adjust status in order to obtain Lawful Permanent Residency. I can’t figure out who is under 245(i) and who is not. Can you explain?

Answer: In general, 245(i) allows someone who filed either a Labor Certification or a family based petition prior to April 30, 2001. They would pay $1,000 fine and then they can apply for adjustment of status.

Question: What if my sister applied for me and it will take another 12 years for the visa number to become current? Can I fall under 245(i) with another application?

Answer: Yes, 245(i) is ‘grandfathered’ and can be transferred to another quicker application (like PERM) and still be eligible under 245(i).

Question: What if the adjustment application is denied? Can I file another application and still be under 245(i)?

Answer: Yes. Regardless of how many applications you have, you can keep paying the $1,000 penalty fee along with the normal application fees until an adjustment application is approved.

Question: How about dependants of the person who qualifies for adjustment of status? Who exactly qualifies?

Answer: If the relationship existed at the time the application was filed, the spouse and children are grandfathered. This means that even if there is a divorce or the child becomes older than 21 years of age, they are still grandfathered.

However, if the relationship with the principal did not exist until after April 30, 2001, then the dependants do not independently qualify under 245(i), but rather, must apply with the principal alien. In other words, they are under 245(i) as long as the relationship still exists with the principal person.

If the principal person applied for adjustment of status and then gets married or has another dependant, that person cannot then apply for adjustment of status under 245(i).

Thus, whether you are grandfathered under 245(i) is of critical importance as to whether you can eventually apply for lawful permanent residency. Therefore, you need to be very careful in determining whether you qualify under the above referenced rules.

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H-1B’s and a Holiday Greeting!

Posted on May 14, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that there are some new H-1B laws that have come out. Can you discuss what these changes are?

Answer: Changes in Certain USCIS Fees as a result of the approval of the FY05 Omnibus Appropriations Act The H-1B and L non-immigrant provisions of the Omnibus appropriations Act reinstate the American Competitiveness and Workforce Improvement Act (ACWIA) fees first put in place after the approval of the ACWIA in 1998. The requirements under the original ACWIA sunset on October 1, 2003. This was where the employer had to pay $1,000 fee for every H-1B petition filed.

For H-1B petitioners, the new fee for petitioners who employ 25 or more Full Time Equivalent employees is $1,500. Petitioners who employ no more than 25 Full Time Equivalent employees (including any affiliate or subsidiary) may submit a reduced fee of $750. The new $1,500 and $750 fees apply to any non-exempt petitions filed with USCIS after December 8, 2004. Certain types of petitions that were previously exempt from the fees remain exempt from the new $1,500 and $750 fees.

Question: I heard there was some type of fraud fee as well. Is that true?

Answer: Yes. The Act creates a new Fraud Prevention and Detection Fee of $500 which must be paid by petitioners seeking a beneficiary’s initial grant of H-1B or L nonimmigrant classification or those petitioners seeking to change a beneficiary’s employer within those classifications. The only petitions exempt from paying this fee are those that seek to amend or extend the stay of the beneficiary. This new $500 fee applies to petitions filed with the USCIS on or after March 8, 2005.

Each of these fees is in addition to the base processing fee of $185 to file a Petition for a Nonimmigrant Worker (Form I-129) and any premium processing fees, if applicable.

Question: Are there any more H-1B’s available?

Answer: Yes. For persons with a Masters degree or higher, there is now an additional 20,000 H-1B visas.

I would personally like to extend my wishes to all the readers and their families for a Merry Christmas and a Happy New Year and a Happy Holiday Season.

As an immigration attorney, I do see families of immigrants being torn apart because of unfair and ruthless immigration laws. I will continue to fight for all of the immigrants and their families so that they can be reunited and together once more.

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