IMMIGRATION Q&A by IMMIGRATION ATTORNEY ROMINA A. RAFER

Romina A. Rafer

Who are you?

My name is Romina Avellana Rafer. I was born in Manila and immigrated with my family when I was 9 months old. I have been practicing Immigration Law exclusively for 10 years and have a law office in Seattle's Chinatown. I live in Beacon Hill with my husband, who is a litigation and business attorney, and our two children, Benjamin and Avellana.

What made you decide to go into Immigration Law?

I became an immigration attorney because I wanted to give back to my community and make a difference in my life and the lives of others. As a .5 generation immigrant, I experienced first-hand the struggles many immigrant families face in coming to the U.S.--adjusting to a new world, finding and being part of a community, and balancing different and often times competing cultures. But I also had the advantage of growing up in the U.S., never having to "learn" a foreign language, system or culture. Practicing Immigration Law allows me to help my extended family and fellow Kababayans understand the intricate legalities of the immigration legal system.

What are common mistakes Filipinos have made?

Because most of us have either immigrated to the U.S. or know someone who did, we often rely on our own and/or other people's experience to explain the immigration legal system rather than consult with an experienced immigration attorney to answer our questions. This is normal; people always look first to their own experience to answer complex questions. Unfortunately, not fully understanding the way the system works and relying on narrow experience, hearsay and double hearsay may hurt your immigration case.

This is especially when the case is not straightforward or riddled with complexities, like an applicant with a criminal record applying for naturalization or applying for reentry after a short visit to the Philippines, a petitioning father not married to his children's mother, or the children's birth certificates that state the parents were married when in fact they were not. These are only three of the literally hundreds of real-life facts that cry out for an immigration attorney's help. The authorities will not ignore the complexities of your case, and neither should you.

Would you rather want to pay now or pay later?

Consulting with an experienced immigration attorney at the beginning of the case can save you money, time and headaches, and maybe some life-changing grief. Time and time again I meet clients who filed the a petition themselves in a complex case, or improperly responded to a USCIS letter asking for certain documents, or appealed their case without speaking to an attorney first, or simply did not understand the immigration process but just filed anyway, hoping for the best. This is a terrible idea; U.S. law does not give second chances. It is very difficult to fix a problem once something has already been filed. My approach is to address and fix problems now before they create bigger and potentially irreversible damage later. Paying a $200 consultation fee with an attorney can sometimes save you hundreds or thousands of dollars later. It’s worth it.

Do you get what you pay for?

We all like discounts, but oftentimes a "deal" is too good to be true. You get what you pay for, and when you are paying 1/8th the amount that other attorneys charge, you should expect the quality of service to be poor. A person who charges $200 to file a naturalization application is probably not even a licensed attorney. They are almost certainly not an attorney who specializes in Immigration Law. Ask yourself what you get in return for the low fee—does the person prepare and file your documents, attend your interview, answer or address any questions or problems that may arise after filing the application? These are basic services provided by most immigration attorneys. But you should also remember that the most important thing you buy—knowledge and experience—is something that can keep you out of trouble without your ever knowing it.

On the flip side, simply because an attorney charges a high rate or advertises extensively doesn’t mean you will get high-quality representation. I am always amazed at how much people will pay an attorney because he or she has a fancy office or drives a fancy car, runs full-page advertisements, or has a television show on immigration law. Don’t judge a book by its cover. Shop around and ask potential attorneys what their representation entails. Get personal referrals from friends, family, or community leaders.

Is it too good to be true?

It probably is. Promises of green cards, visas, and other status adjustments often come with a high price tag and zero results. Don’t buy into the false promises or false advertising. You cannot buy a green card or status. Immigration law requires that an applicant be eligible for the status and meet all the stringent requirements. While I hate to be the bearer of bad news when I can’t help a client because of our current immigration laws, I always provide my clients with absolutely honest advice and the truth of their immigration situation. False promises only victimize immigrants and leave many hiding in the shadows and in financial ruin. You deserve the truth and know and understand the realities of the immigration process. Don’t waste your money paying someone who is selling you dreams instead of reality.

How do I find a quality immigration attorney?

Before beginning your immigration process, consult with an experienced immigration attorney. Talk to community leaders, friends and family for referrals. Verify attorneys’ licensure to see if they are licensed attorneys or if they have been reprimanded or disbarred by the State Bar Association. If an attorney is licensed to practice in Washington, you can go to Washington State Bar Association and do an "attorney search" to get their information. Find out if they are active members of the American Immigration Lawyers Association (AILA).

While it’s not a requirement that immigration attorneys be members of AILA, it is a good indicator they specialize in Immigration law. Get a second opinion. If you think an attorney is not being completely honest with you, or something is telling you the attorney is giving you false promises, or if you are simply confused, get a second opinion from another attorney. Follow your intuition or gut instincts. And speak out. If you feel you have been a victim of an immigration scam, contact the Washington State Bar Association or Washington’s Office of the Attorney General Consumer Protection Division. Tell your friends and family and community leaders. It is only by speaking out that we can help prevent ourselves and our community from being exploited and victimized by unscrupulous and incompetent professionals.

Can I ask you immigration questions?

Each month I will answer questions from Filipino American Bulletin readers and the community about immigration issues and concerns. I can also be reached at (206) 957-4000 or Romina@RaferImmigration.com.