By Brian Figeroux, Esq. | Photo Copyright IQ INC.
In 2025, the U.S. immigration system remains one of the most complex, ever-changing legal structures in the country. For immigrants in New York State—home to one of the largest and most diverse immigrant populations in the U.S.—navigating this system without proper legal guidance is a dangerous gamble. Whether applying for a green card, seeking asylum, requesting waivers, or defending against removal, every form, timeline, and piece of evidence matters.
Yet many immigrants, driven by fear, misinformation, or a desire to save money, turn to notarios (unauthorized legal advisors) or attempt to handle their cases on their own. The result is often devastating: missed deadlines, denied applications, lost eligibility, or worse—removal from the United States.
Here are the top 10 mistakes laypeople make when they choose not to hire a professional immigration attorney in New York State:
- Trusting Notarios or “Immigration Consultants” Instead of Licensed Attorneys
Many immigrants fall prey to fraudulent notarios or unlicensed “consultants” who promise fast results. In many Latin American countries, “notarios” are attorneys, but in the U.S., they are not licensed to practice law unless admitted to a state bar. These individuals often give incorrect legal advice, file the wrong forms, or commit outright fraud.
Legal Impact: Applicants may be permanently barred from immigration benefits due to misrepresentation, receive deportation orders, or have their applications denied based on false filings.
- Filing the Wrong Immigration Forms
Immigration law has dozens of forms, each with its own requirements and consequences. Laypeople often file the wrong form (e.g., I-130 instead of I-360), submit incomplete forms, or fail to submit required supporting documents. Many also miss critical filing deadlines or eligibility windows.
Legal Impact: Delays, denials, or triggering of removal proceedings due to administrative errors that an experienced attorney would have avoided.
- Misunderstanding Eligibility for Relief
Immigration relief options are not always obvious. Someone who overstayed a visa might be eligible for a waiver or adjustment of status—but only under very specific conditions. Laypeople often assume they qualify for relief based on advice from friends or online forums, not law.
Legal Impact: Submitting applications for benefits they don’t qualify for can lead to denial, a loss of appeal rights, or even alerts to ICE.
- Failing to Understand the Immigration Consequences of Criminal Convictions
In 2025, immigration enforcement has ramped up its focus on criminal records—even for minor offenses. Laypeople often don’t realize that pleading guilty to certain crimes (like marijuana possession or theft) can render them inadmissible or deportable, even if their sentence was minor or suspended.
Legal Impact: Permanent bars to reentry, denial of green cards, or mandatory detention under the Immigration and Nationality Act (INA).
- Overstaying Deadlines and Ignoring Notices from USCIS or Immigration Court
Immigration cases involve strict timelines. Notices to Appear (NTAs), Requests for Evidence (RFEs), biometrics appointments, and court hearings must be responded to within specific deadlines. Pro se applicants often miss or misunderstand these deadlines.
Legal Impact: Applications may be automatically denied or administratively closed, and missing court can result in in absentia removal orders.
- Submitting Fraudulent or Inconsistent Information
Without professional help, many applicants unknowingly submit conflicting or false information—such as incorrect dates of entry, aliases, or employment history. In asylum cases, inconsistent testimony or affidavits can lead to a finding of frivolousness, permanently barring the applicant from any immigration benefit.
Legal Impact: Findings of fraud or misrepresentation lead to denials, bans, and criminal referrals.
- Not Understanding the Role of Discretion in Immigration Decisions
Even if someone qualifies for relief on paper, immigration judges and officers often have discretion to deny the case. Laypeople assume eligibility equals approval, but attorneys understand how to build an equities-based argument, including showing good moral character, community ties, hardship to family, and rehabilitation.
Legal Impact: Failing to frame the case persuasively can result in discretionary denial—even when the applicant is technically eligible.
- Incorrectly Handling Removal Defense or Appeals
Defending against removal is far more complex than simply telling your side of the story. Pro se respondents often don’t know how to request voluntary departure, cancellation of removal, or prosecutorial discretion. They may also fail to appeal to the BIA correctly or miss the deadline to file a motion to reopen.
Legal Impact: Removal becomes final. Reentry may be barred for 10 years or more. The chance to remain in the U.S. is lost due to procedural errors.
- Not Applying for Relief They Are Entitled To
Many immigrants who qualify for legal status never apply because they don’t know they’re eligible. This includes Special Immigrant Juvenile Status (SIJS), U-visas for crime victims, VAWA for abuse survivors, TPS extensions, DACA renewals, and family-based petitions.
Legal Impact: Missing legal opportunities for lawful status, work authorization, or protection from deportation—sometimes permanently.
- Failing to Prepare Proper Supporting Documentation
A successful immigration application is not just about forms—it’s about evidence. Laypeople often provide too little documentation, the wrong type, or fail to translate and certify documents. In court, they may be unable to authenticate witnesses or present coherent testimony.
Legal Impact: The case may be denied for “failure to meet the burden of proof,” even if the applicant was otherwise eligible.
The High Stakes of Going It Alone
In a political and legal climate like 2025—where immigration policy is under constant scrutiny, and enforcement priorities are aggressive—mistakes can have permanent and life-altering consequences. Representing yourself in immigration matters without professional guidance is not like contesting a parking ticket. It is a high-risk decision that can result in family separation, financial loss, detention, and deportation.
Hiring a licensed immigration attorney in New York ensures that your case is handled correctly, your rights are protected, and every legal option is explored. Attorneys are trained to anticipate issues, craft compelling legal arguments, comply with rapidly changing policies, and advocate before judges, USCIS officers, and consulates. Unlike notarios, they are licensed, regulated, and accountable.
If your future, your family, and your freedom are on the line, don’t take shortcuts. An investment in competent legal representation is ultimately an investment in your future. Choose wisely—and protect your American dream.
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