Immigration lawyers are responsible for guiding their clients through the complex landscape of immigration law. Their day-to-day activities include meeting with clients, researching the latest laws, preparing documents and representing them in court.
In addition, immigration attorneys work with government agencies to ensure that their clients follow all legal requirements. Let’s explore the role of an immigration lawyer further.
Helping Immigrants
The goal of migration lawyers and agents is to help individuals and families navigate a complex system with slim margins for error. They interpret the law, help their clients analyze their rights and possibilities, and guide them—or their sponsoring family members or employers, if applicable—through every step of this intricate process.
The path to becoming an immigration lawyer is long and rigorous. First, aspiring attorneys must complete an undergraduate degree program. Then they attend law school, earning a juris doctorate degree and graduating with the bar examination in the state where they intend to practice. After passing the bar exam, they are officially licensed to practice law and provide legal advisory services in any context that involves immigration law. This includes advising immigrants and representing them before an immigration judge.
On a daily basis, immigration lawyers may interview potential clients, counsel current clients in person or on the phone, prepare forms, or appear with their client before an administrative court. Their work often intersects with other areas of the law, such as criminal or family law, and strong interpersonal skills are essential for their careers.
When preparing applications for visas or green cards, immigration lawyers ensure that all necessary paperwork is completed correctly and on time to give their clients the best chance at success. They also assist those whose application has been denied by preparing appeals or reapplications when appropriate.
Other immigration-related responsibilities include defending people who are under arrest or detained by immigration officials and providing advice to public figures, such as athletes and world-class performers, regarding their ability to secure the visas they need to enter the United States for performances or other activities. In addition, immigration attorneys regularly conduct research and analysis on their clients’ cases and the laws surrounding them, exploring precedent-setting decisions and other relevant information to help strengthen their clients’ arguments in immigration court or at other hearings. This work is critical to the field of immigration law, as changes in laws and policies occur frequently.
Representing Clients in Court
Immigration is a complex and sensitive issue. It defines a person’s citizenship and residency status, which binds them with rights and obligations. It also manages how a non-resident of a country may gain a visa, apply for naturalization, or even be deported. Immigration lawyers are the people who help guide individuals, families and businesses through the process.
In addition to advising clients about their options, immigration attorneys must regularly represent them in court proceedings. This is a key component of the role, as it allows attorneys to use their legal knowledge and skills to effectively advocate for their client’s interests. It also gives them an opportunity to apply their in-depth understanding of immigration laws and policies.
Often, immigration attorneys must argue against the decisions of government agencies that administer the law. This means presenting arguments and evidence to judges, including when they are challenging removal cases (deportation proceedings). This aspect of the job requires a great deal of research into precedent-setting decisions, as well as an in-depth knowledge of both immigration law and the specific case at hand.
As the global world becomes increasingly interconnected, immigration has become a pressing issue of interest and debate. It is therefore vital that there are immigration lawyers to assist those seeking to enter or remain in a country, whether for work, family, education, or asylum.
In fact, the practice of immigration law is so complex and crucial that it is woven into other areas of the legal system, such as family, business, and criminal law. Immigration issues are not just hotly contested, they are constantly evolving, and it is important that there are immigration attorneys to keep up with the changing trends.
As a result, there are many different career paths that can lead to becoming an immigration lawyer, but the qualifications for this role vary significantly from state to state. In general, a person interested in becoming an immigration lawyer must complete an undergraduate degree before enrolling in law school. They must then graduate with a juris doctorate degree and pass the bar exam in their state before they can begin their practice.
Helping Employers
As immigration issues have gained more attention and become increasingly politicized in recent years, the need for employers to understand and navigate these laws is becoming increasingly important. The immigration laws can be complex and often change, and a firm with expertise in this area can help a company ensure they are using the most up-to-date hiring practices and following all regulations when it comes to employing immigrant workers.
For example, if a company wants to hire a worker from another country, it is likely that they will need an attorney to help them obtain the necessary visa. This can include determining the correct type of visa, such as an H-1B, L-1, or TN visa. It is also important that the attorney knows how to properly fill out any required paperwork and complete all other steps for obtaining the correct visa.
Additionally, if the company wants to bring a worker into the United States under a special visa program such as EB-1, EB-2, or EB-3, an attorney is needed to help prepare the necessary petition and submit it to the appropriate government agency. The attorney would also need to know if any other paperwork needs to be submitted with the petition and when the petition should be filed.
Immigration lawyers can work in private practice, forming their own law firm or working for an existing one. They can also work for a government agency, reviewing applications or petitions for immigration status or helping to shape the laws that impact immigration.
Many immigration attorneys choose to pursue the path of entrepreneurship and run their own practice, which gives them greater control over their schedules and workload. This option is ideal for attorneys who want to be able to choose the cases they wish to work on and can provide more personalized services for their clients.
No matter what path they choose to take, all immigration attorneys need a thorough understanding of the legal system as well as an awareness of how their work may impact and intersect with other fields such as business, family, and criminal law. This is why it’s recommended that anyone interested in becoming an immigration attorney seek out opportunities to gain hands-on experience in the field, including through law school clinics, externships, internships, clerkships, and pro bono activities.
Defending Clients
Defending clients is one of the most important roles immigration attorneys play. In this capacity, they research, interpret and apply laws and regulations. This includes a keen understanding of current policy, as well as the ability to anticipate what changes might occur under new administrations. In addition to interpreting and applying the law, they also gather and present evidence for their client’s case. Having the proper supporting documentation can make or break an immigration case.
Immigration lawyers often spend time preparing documents for their clients, including letters and statements. They also work to ensure that the information they provide to U.S. government officials is accurate, consistent and clear. Many immigration applications rely on the government believing their client’s story, so entering inconsistent information on different forms or making errors could have devastating consequences.
In addition to preparing legal paperwork, immigration lawyers also prepare their clients for immigration court hearings. This includes advising them on their rights and options, helping them collect relevant evidence and assisting them in writing briefs to support their case. Having an experienced attorney by your side in deportation proceedings can significantly improve your chances of a positive outcome.
According to the American Immigration Lawyers Association, more than 1.25 million people have pending cases in the country’s immigration court system. However, an estimated 70 percent lack representation. Immigration lawyers are dedicated to ensuring that all immigrants are provided with the opportunity for legal representation in their case.
The ABA recommends that lawyers who want to practice immigration law seek additional training and experience outside of their law school education, which is typically focused on civil practice and contracts. It also suggests that immigration lawyers take on pro bono work to help those who cannot afford the services of an attorney. In fact, Holland & Knight has invested more than $1 million in attorneys’ time to assist children who were separated from their parents as they fled war-ravaged homes and other hardships in their home countries for safety in the United States. For these children, the resulting separation from their family is an emotional and psychological trauma that requires counseling and support from experienced professionals.