Immigration Lawyers - WHAT EXACTLY ARE They Good for?
When I checked my inbox today I found a very important email from an organization of immigration professionals that i belong to.
Actually, this email is indeed crucial to my capability to practice immigration law that I forwarded it to all of my staff, saved it inside our firm's electronic address book, and printed it for inclusion in the binder that sits on my desk right by my telephone.
Yet, the simple truth is that email makes me feel like I am a silent partner in a bit of a deception being perpetrated on the public by CIC. I want to explain.
Citizenship and Immigration Canada clearly takes great public pride in the amount of information and resources it offers to the general public through its website and call centre. CIC boasts that "All the forms and information you need to obtain a visa are for sale to free on this website."
Therefore, it's no wonder that in the website's FAQ, the answer to the question: "Do I need an immigration representative to greatly help me apply?" is a "no."
The general public is told that "THE FEDERAL GOVERNMENT of Canada treats everyone equally, if they use a representative or not."
Will your case be processed quicker if you hire a representative? CIC advises that "If you opt to hire a representative, your application will not be given special attention by the immigration officer."
Is this really true? Is everything you need really out there? Do you need an attorney? Would it make a difference assuming you have one? Put another way: are those people who are using lawyers and consultants to take care of their immigration applications just throwing away their money?
I hate answering these questions since doing other people's immigration work is how I make my living. People would be justified in being sceptical about my answers to these questions.
Nevertheless, you "all the details you need" is not actually out there and, yes, in many cases a lawyer or consultant's involvement can spell the difference between success, delay, or abject failure.
The info at cic.gc.ca is general in nature and cannot possibly contemplate the infinite factual scenarios that applicants might present when applying. Furthermore, the agents at the decision centre cannot and do not provide callers with legal services. It is not in their mandate to do so. Instead, they give "general information on the CIC lines of business... provide case specific information, and accept orders for CIC publications and application kits."
In other words, they can't tell you what you 'should' do when met with obstacles or strategic decisions to make.
Also, if UK immigration attorney in US encounter a problem that needs to be escalated, which is not uncommon, you can find precious little information on the CIC website as to where you can direct your complaint or question.
Not so with immigration professionals.
The e-mail I received this morning can be an update of CIC's protocol on how immigration professionals should direct their queries. The correspondence provides the email address for every Canadian visa post overseas and the names and email addresses of the immigration program managers at all of those offices. It tells us how, and to whom, to direct case-specific enquiries to the Case Management Branch in Ottawa and when and how to follow up if we usually do not receive a timely reply. It provides instructions on how best to direct communications relating to quality of service complaints, situations involving possible misconduct or malfeasance of immigration officers, procedures, operational and selection policy, and processing times and levels.
To my knowledge, this information is not shared with members of the public. CIC's failure to publicise this information will not reflect preferential treatment for individuals who are represented. Instead, it really is simply an acknowledgement that immigration professionals do, and have always, played an essential role to make an overburdened and under-resourced program function at all (if not function well).
Sharing these details with the public would result in an avalanche of correspondence being fond of senior officials that are disseminate so thinly that they could never get any work done.
It really is true that, except in exceptional and deserving cases, hiring an attorney or consultant can't get an application moved from the back of the line to leading of the line. Also, an officer will not approve an applicant who's not qualified because they're represented. However, it is also true an honest and experienced representative won't clog up the system by submitting a credit card applicatoin that simply won't fly.
Furthermore, professionals who focus on this area know the procedure and learn how to avoid errors that cause delays. They learn how to dig through mounds of convoluted facts and properly and convincingly document and present the salient ones in order to establish the basis for the approval of the application quickly and efficiently.
CIC doesn't prefer to acknowledge the positive role lawyers and consultants play in making its bureaucracy work for the public. It really is loath to see us as partners in delivering the immigration plan it is given annually by Canada's immigration minister of your day.