After securing an interpreter, a crucial next step is to find and consult an immigration expert about any risks your client may face by taking any particular course of action in the legal system. Lawyers should use extreme caution to avoid inadvertently creating immigration problems for their clients and should seek to protect clients from immigration abuse. Many lawyers do not understand how easy it is to create problems for a client’s immigration case for what may seem like unrelated actions. Even consent judgments in family law cases can positively or negatively affect a client’s immigration situation.
Immigration-related risks to clients can be especially high cases involving a concurrent criminal case. Because of language barriers, victims who lack proficiency in English can be vulnerable to arrest when interacting with police during domestic violence calls, especially if the abuser speaks English and is more easily able to communicate his version of events. If the client is charged with a crime, a guilty plea could mean immediate deportation and loss of status, which should be discussed with a client as part of any settlement calculation. The failure to discuss these issues with a client can result in harm to the client, lawyer malpractice, and disciplinary action taken by the state bar association.
Most lawyers do not have overlapping expertise in domestic violence and immigration. If this is you, consult an expert right away to make sure that your planned course of action for the client does not involve risks unknown to you. There are excellent resources available to lawyers advocating for immigrant survivors. If you are unsure what to do, or who to consult for help, a good first step would be to reach out to an organization that provides expert technical assistance and consultation to lawyers, such as ASISTA.1