Immigrants are using artificial intelligence to help them prepare applications for immigration to the United States. Is it a good idea? Not really. Here’s why.
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It’s past midnight. A man sits at his kitchen table, asking ChatGPT if he can come to the United States to support his daughter, a US permanent resident facing a difficult pregnancy. He once overstayed his US visitor visa more than a decade ago. The AI confidently tells him that he is inadmissible and cannot apply for a waiver because he is not a US citizen parent or child.
Weeks later, he walks into my office. Turns out the AI was wrong. He qualified for a waiver of inadmissibility through his daughter’s sponsorship of legal permanent residence. A simple misapplication of legal rules almost kept him from his family.
This is not an isolated case.
As AI becomes more accessible, more and more people are relying on tools like ChatGPT to navigate immigration law — to answer legal questions, complete applications, and even strategize. The appeal is obvious: fast, cheap and always available. Especially when there are pending processing of filed cases.
But persuasive language is not the same as sound legal judgment.
The legal profession has already learned this lesson well. In Mata vs. Avianca (2023), lawyers relied on AI-generated research that reported entirely fictitious cases. The result: legal sanctions and widespread scrutiny of the use of artificial intelligence in law.
Canada has seen similar warnings. In Zhang vs. Chena British Columbia court has warned against relying on AI-generated legal principles after fabricated citations appeared in records. Courts now expressly warn lawyers: verify everything.
If trained lawyers can make these mistakes, what chance does the average candidate have?
Immigration law is unforgiving
Immigration law is one of the most complex and rapidly changing areas of legal practice.
Unlike other fields, it does not evolve slowly. Policies change overnight. Forms are updated without notice. Entire programs appear, disappear, or change direction due to political decisions, judicial decisions, or administrative priorities.
Even experienced attorneys encounter situations where a form used yesterday is obsolete today.
For artificial intelligence, this presents a fundamental problem.
AI systems are backwards. They are based on patterns in existing data. Immigration law is progressive — success depends on anticipating how rules apply today and how they may change tomorrow.
Even governments recognize this volatility. US Citizenship and Immigration Services often updates policies and formats without long lead times.
No model trained on past data can reliably keep up.
Immigration isn’t just rules – it’s a crisis
Proponents often describe AI as “smart”. But is it really?
Angus Fletcher, author of Primal Intelligenceargues that human thinking includes qualities that artificial intelligence cannot duplicate: intuition, empathy, imagination, and common sense. These are not abstract features — they are essential to legal decision making.
This matters because immigration law is not mechanical.
People migrate for deeply human reasons: family reunification, safety, opportunity, survival. The stakes are huge:
- Families were separated for years
- Disrupted careers
- Applications were rejected for minor misunderstandings
- Claims of misrepresentation
- Detention or deportation
According to US government requirements, even minor errors can result in serious consequences, including multi-year re-entry bans. This is especially true in the context of Trump’s order to place immigration applications under extensive scrutiny.
Immigration law is not just about filling out forms. This is a crisis.
Two applicants with identical facts can receive different results depending on how their case is presented. Officers assess credibility, intent and consistency — factors that go far beyond written responses.
AI can’t really evaluate any of this.
The illusion of simplicity
Artificial intelligence makes migration look easy.
Answers come quickly. The tongue is polished. The process is manageable.
But this simplicity is an illusion.
Immigration decisions often affect fine details:
- A missing revelation
- A poorly explained timeline
- An inconsistency that raises suspicions
Truth and the appearance of truth are not always the same. Artificial intelligence cannot reliably distinguish between them.
In practice, many claimants seek legal aid only after AI-generated errors have already caused damage — sometimes irreparably.
Trust without responsibility
One of the most dangerous traits of AI is overconfidence.
Gives decisive answers, even when they are incomplete or wrong. He rarely says, “I need more information.” It does not investigate cases of risk or challenge.
However, immigration law relies on detail and uncertainty.
When a lawyer gives advice, there are guarantees:
- Moral obligations
- Professional setting
- Liability for negligence
AI has none of that.
No accountability. No liability. No consequences for the mistake.
This matters when decisions affect families, finances and futures.
Tool — Not a substitute
To be clear, AI has value. I use it myself — for organizing information, summarizing documents, and handling administrative tasks. It is very useful if you know what you are doing.
It is a useful helper. But not if you don’t know what you’re doing.
He is a dangerous decision maker.
There is a critical difference between using AI as a tool and relying on it as a substitute for professional judgment.
Experienced immigration attorneys do much more than fill out forms. These:
- Identify hidden dangers
- Ask questions customers never think to ask
- Anticipate how officers interpret the evidence
- Quickly adapt to policy changes
Most importantly, they understand the consequences.
Behind every app is a person trying to build a future.
The cost of getting it wrong
Many people hesitate to hire a lawyer because of the cost.
But they often underestimate the cost of mistakes:
- Applications rejected
- Lost job opportunities
- Years of delay
- Exact appeals
- Permanent immigration barriers
Free advice may be the most expensive advice you ever take. In short, free advice isn’t free. It can really cost you a fortune if it’s wrong.
The bottom line
Technology will continue to transform the practice of law. AI will improve. Lawyers will use it more effectively.
But tools are no substitute for judgment, experience or human understanding.
Immigration decisions are among the most important choices people make. They determine where — and how — one lives: one’s opportunities, security, family life and stability.
This future deserves more than guesswork masquerading as intelligence.
The real question is not whether AI can provide answers.
It’s whether people are willing to stake their lives on a system that doesn’t really understand them.
AI may one day write flawless apps. But he still can’t understand the fear, the urgency, or what it means to fight for a family’s future.
The man at the kitchen table will finally get his resignation.
Many others never do.
When your family, your career and your future are at stake, the wisest course remains the oldest:
Get expert advice — and get it right the first time.
