The Conversation I Have With Every Client Before We File

My risk tolerance as an immigration attorney has changed. The consequences of getting it wrong are bigger than they used to be.

I still take on difficult cases.

I still push when I think a case has a reasonable chance. That certainly hasn't changed.

What's changed is how much time I spend making sure clients understand every possible downside before we move forward.

A couple of years ago, the negative consequences of filing something and having it not go well were limited.

An O-1 case gets denied? Disappointing, but it wasn't going to create additional problems for the person - unless they had a separate status issue.

But that's not the environment we're in anymore.

Now there are concerns that didn't exist before. What if the government looks more closely at whether someone was working legally? What if a denial triggers scrutiny that it never would have triggered two years ago?

These are scenarios I have to walk clients through before we decide to file.

And that's the shift. It's about making sure the person sitting across from me fully understands what they're walking into.

So now, before we file anything that carries risk, I lay out every scenario I can think of. The good ones and the bad ones.

- What happens if it's approved.

- What happens if it's denied.

- What could come after a denial that wouldn't have come after a denial before.

Some clients hear all of that and still want to move forward. Good - that's their call to make with full information.

Others decide to wait, or adjust the strategy, or take a different path. Also good.

The point is they're choosing with their eyes open.

That's the part of my job that's gotten heavier. The weight of making sure someone truly understands the stakes before they commit.