Arsen V. Baziyants

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Originally from Armenia, I am an immigrant myself. I first came to America in 1996. I was only 17, came alone, and had to overcome my own share of challenges as a new immigrant. 

Today that personal experience as an immigrant  continues to serve me as an immigration lawyer in that it allows me to truly connect with the people who come to see me for legal counsel. My clients come from all corners of the world, but when it comes to discussing their immigration issues we really speak the same language and they do not need to explain to me the importance of succeeding in their case. 

Once one of my clients (a young man from Spain) mentioned in his online review how the work of an immigration lawyer in a way resembles the work of  an airline pilot. Indeed, some of the immigration journeys on which I “travel” with my clients are long, exhausting and certainly not without occasional turbulence (more on this in the next section). 

Not every case is a success story, but when we do arrive at our desired destination we find ourselves in that blissful moment filled with relief and excitement, the sense that the ground underneath your feet is finally firm and the possibilities that lie ahead are now many. That moment is part of why I do what I do. 

There are many factors affecting the outcome of an immigration case. We have little to no control over some of them, which makes it plainly wrong for a lawyer to guarantee a specific outcome.

The government agencies processing immigration benefits always seem to be dealing with a workload that far outweighs their capacity.  As a result the government’s decisions to grant or deny an immigration benefit – be it a visa, ability to stay in the U.S. permanently or even U.S. citizenship – is too often made rashly and based on a distorted or incomplete understanding of the facts.  While it is the lawyer's job to present the facts in the most favorable and compelling way to advance his client's interest, the adjudicator must have the time and be receptive enough to form a complete and accurate picture of the case. Too often this is not what happens and, unfortunately, merited cases can get denied. 

As officials adjudicating benefits are human beings like the rest of us, they may have biases or prejudices, even if implicit. Their worldview – and the flexibility or inflexibility with which they are tied to it – will affect how they see the facts in your case, apply the law or assess your credibility.  

Furthermore, many decisions on immigration petitions and visas are made virtually anonymously by USCIS and Department of State employees who may be thousands of miles away from you. In many cases those officials will not see you or even talk to you on the phone, but they will be looking over a pile of paperwork and deciding a matter as important as your future in the United States. This is even though you may have paid hundreds or even thousands in government fees. We definitely have no control over this anonymity factor simply because, for better or worse, the system is just so set up. 

Then there are delays. Currently I am seeing delays like I have never seen in over 20 years of working in the field of immigration law. Some of the cases go through stages with each stage taking months or even years. If you are wondering whether an immigration lawyer can expedite the process, the answer in most cases is no. Only in the sense with the help of an immigration lawyer mistakes are a lot less likely to happen, mistakes that would otherwise cost you a lot of time and possibly requiring you to start the process all over. 

None of this is intended as a list of complaints with our immigration system (ok, maybe a little) or the government officials who work in that system. Many of the officers I meet are reasonable and fair-minded folks who do their very best working within the confines of the law and the bureaucratic system. They are mindful of the impact their decisions have on the lives of people whose cases land on their desks. 

What I describe here is the overall terrain, and how one's immigration journey can get rough, unpredictably long and uncertain. Any professional who attempts to sugar-coat this reality is either disingenuous or still very new to the field of immigration law. 

So, what does this all mean? That there are various factors that can impede any lawyer’s ability to bring about a specific result within a specific timeframe. Competent and caring professionals will certainly strive to do great work for their clients. However, rules of ethics require a sober view of what can and cannot be promised without setting unreasonable expectations in a client’s mind.  Those rules prohibit guaranteeing success or specific outcomes, and for good reasons. Even that which appears straightforward can be subject to inherent uncertainties, especially in the area of immigration law.

While as an immigration lawyer I have little to no control over some of the external, inevitable uncertainties such as those described above. However, there is one thing that is within my control: and that is my time and attention. I know that how much time and attention I devote to a case, while does not yield miracles (I only wish), can and very often does make the difference between an approval and a denial for a client. 

 As a current client you want the time, you want the attention, you want access to your lawyer and prompt answers to your questions as they come up. When you become a current client, you expect nothing  short of that. 

Time and attention are extremely finite resources, especially for me because as a solo practitioner I am personally involved in all aspects, from A to Z, of my clients’ cases. I can easily end up depleting those resources – and I mean fully – when attending to ongoing matters. 

I am in no position to give away time in the form of free consultations while somehow also sparing the many hours it takes to do quality work for my current clients. For the same reason, I may need to turn down a new case. 

I am well aware that some attorneys offer free consultations. That is all good, but understand that this is ultimately a business and marketing decision and not an act of charity. You will still pay; just wait. Nothing is free. I sincerely hope that those shopping for legal advice take this whole idea of “free” with a healthy sense of skepticism. 

I do not offer credit for the consultation fee either.  Credit for the consultation fee if you hire the lawyer is somewhat common practice. Again, be a skeptic. How exactly is this "credit" used? It is applied towards the total legal fee for the case, but who decides those fees and, really, what assurances do you have that the total fee is not inflated to offset the supposed credit? It is not as if there is some sort of an MSRP for legal fees, and different lawyers will charge different fees for the same case. 

In any event, I do not offer credit for the consultation fees because I personally do not believe in financially incentivizing a prospective client and using this mechanism to lure in new business. Hiring a lawyer is a serious matter and I want you to make that decision because I inspire in you a sense of trust and confidence (or don't) and not in any way because I promised to give back the consultation fee if you hire me.  

  Yes. Occasionally I accept work on pro bono basis (no charge). A couple of points on this:

I will not take such a case at the cost of neglecting any of my current workload - in other words, when I am too busy, the same way I wouldn't take any new case from a paying customer when I am too busy.

If I do offer to take your case on pro bono basis, know that my pro bono clients do NOT take the back seat behind my paying clients. Once a client, my pro bono client is unquestionably given same priority as paying clients.