🧠 First Consults 101: What to Say When You Don’t Know What to Say

This Week’s Immigration News Highlights

• USPS to Assis ICE Mass Deportation Efforts

• Desantis, Florida Touts Success in Immigration Enforcement

• California Faces Federal Backlash for Support of Undocumented Immigrants

This Week on Notice to All: From First Consults to FOIA Goldmines.

Every immigration lawyer remembers their first real client consultation. The nerves, the pressure, the unexpected silence after asking, “So… tell me what happened?” This week, I’m sharing the story and the lessons that helped me move from panicked to prepared (and how you can too).

And because no consultation is complete without good records, our second article dives into the unsung hero of immigration lawyering: FOIA requests. If you've ever had a client say, “I think I applied for something… maybe in 2008?” then this one’s for you.

Whether you're just starting or still finding your footing, these two reads are meant to boost your confidence, sharpen your skills, and remind you: you got this.

A Framework for Your First Client Consultation

I remember my first real consultation. The managing attorney was out, and it was up to the associates to hold things down. I was terrified. Not just because I still looked like a student, but also because I had no idea what the client might ask. There’s no neat fact pattern, no bullet points. Clients don’t walk in with a clean “law school question.” They come in scared, overwhelmed, and sometimes angry. And I had to be the one who listened, assessed, and gave some kind of direction.

I started with what I knew, basic intake questions. And somewhere in the middle of that consultation, I found myself asking thoughtful follow-ups without even thinking. At that point, I had already been immersed in immigration law for almost a year as a legal intern, and my instincts took over. It turns out, when you care and you’ve been putting in the work, you do know what to say.

Key Lessons for Your First Consultations

1. Fake it (Gently) Until You Make It

Not in a dishonest way, but in a calming way. Clients read your energy. Even if your heart’s pounding, speak slowly, breathe deeply, and ask questions with confidence. You do know more than you think you do.

2. Start with Structure, Then Let It Flow

Use your intake sheet as a scaffold, but be curious. Ask follow-ups like:

“Can you tell me more about when that happened?”

“Did you ever receive a notice in the mail?”

These questions build your understanding and show that you're listening.

3. Don’t Overpromise. Do Reassure.

You don’t have to have all the answers. Just say, “That’s a great question. Let me make sure I get it right before I advise you,” and then follow up. What clients want to know is: Will you care about my case?

4. Build Trust, Not Authority

Especially early in your career, it’s not about impressing them with legal terms. It’s about clarity, warmth, and patience. Your job is to translate the system and guide them through it, not to sound like a robot.

5. Debrief and Reflect

After each consultation, take a few minutes, yes, even if you're running behind, to jot down key details, observations, and any promises you made to follow up. This simple habit has been a lifesaver for me. It helps ensure nothing slips through the cracks, especially when the consultations start piling up. Over time, these quick notes become a trusted record that keeps you sharp, consistent, and professional.

FOIA Requests in Immigration Law: When, Why, and How

The Freedom of Information Act (FOIA) requests don’t exactly scream excitement. They're not glamorous. They don’t involve fiery courtroom speeches or heartwarming green card approvals. But if you’re an immigration lawyer (especially a newer one), learning how to pull a client’s file from the deep vaults of USCIS or ICE might just save your case, and your sanity.

At some point, every immigration attorney gets that client:

“I think I applied before? Maybe in 2012? Or was it 2008? It was in Florida. Or maybe Texas. My cousin helped me... I think.”

You smile, nod, and inside you’re screaming. That’s when FOIA becomes your best friend.

What Agencies Can You FOIA—and What Will They Give You?

• USCIS – A-file documents, old applications, notices, approvals/denials, I-94s sometimes.
  

• ICE – Detention records, immigration enforcement actions, Form I-213, removal history.
  

• CBP – Border entries, inspection notes, encounters, expedited removal orders.
  

• EOIR – Immigration court records, past hearing transcripts, decisions, motions.
  

• OBIM (Office of Biometric Identity Management) – Records of prior aliases, biometrics, and encounters linked to fingerprints.

2. When to Request a FOIA

• The client doesn’t remember dates, applications, or prior legal representation.
  

• No copy of prior I-130 or I-485 filings—USCIS FOIA is key.
  

• Need proof of continuous presence or lawful entry? Try CBP or USCIS.
  

• Removal order suspected but undocumented? ICE and EOIR.
  

• Preparing a waiver or asylum case and need to confirm encounters or statements.

3. How to Use FOIA Results:

• Build a timeline of the client’s immigration journey.
  

• Flag inconsistencies that may affect credibility or eligibility.
  

• Organize documents by theme: entries, applications, decisions.
  

FOIA isn’t flashy, but it’s foundational. Practice pulling FOIAs, and you'll feel like a magician pulling evidence out of thin air.

In Closing!

Connect with me at my LinkedIn account and follow Notice to All’s X (previously Twitter) account!

Also, if you’d love my expertise as an immigration attorney, feel free to book a call with me.

If you’ve enjoyed our newsletter and found it helpful, please share Notice to All with a friend. It’ll means the world to us! 💛

Finally, visit our Custom GPT Immigration Law Expert Shelly: an AI chatbot designed by The Notice to All Team. AI Shelly has all the answers to your immigration questions (not a replacement for professional consulting, though. AI isn’t that good)!

Whether you’re stepping into your first consult or your hundreth, remember this: clients don’t need a perfect lawyer, they need a present one. The skills you build in those early moments of trust, paired with the FOIA tools that uncover forgotten records and timelines, are what set you apart. This week’s issue is your reminder that good lawyering starts with listening and gets better with practice.

Until next time, enjoy May! 🌸