What does an immigrant lawyer do?
The immigration issues that have seen intense political debate and media coverage in recent years are only part of the story.
The United States sees a constant influx of people hoping to live, work, and study within its borders, and immigration lawyers can help individuals, families, and businesses navigate those various and often complex immigration pathways. A person’s immigration status might impact and intersect with other legal matters too, such as family law, criminal law, business, and tax law, and being well versed in immigration law is necessary for attorneys practicing in those areas as well.
Immigration lawyers may represent clients in administrative courts, or they may counsel clients about their legal rights and obligations related to immigration, among other things. They also suggest courses of action based on their knowledge of immigration law.
For example, immigration lawyers might help citizens of other countries through the process of gaining legal status to work in the United States with the H-1B visa program. This program provides a framework for American employers to hire non-U.S. citizens in jobs where their skills are needed. Individuals hoping to come to the United States to fill such positions must gain approval through a complex and often intimidating process. They (or often the employers hoping to hire them) often turn to immigration lawyers, who provide assistance in completing forms and taking other required steps. The lawyers may also represent clients in dealing with government officials in matters related to the visa application.
You can find immigration lawyers in various legal settings as well, from large law firms to smaller practices that include or specialize in immigration law, to government agencies to nonprofit organizations. (Every world-class performer or athlete has an immigration attorney behind them, advising on and securing necessary visas!) Some immigration attorneys provide services through a nonprofit or public interest law fair. Or they may prepare correspondence, meet with government officials, make presentations, and advise staff and volunteers, among other duties.
Finally, highly experienced immigration lawyers may pursue other career interests, such as teaching immigration law in law schools. Many universities have an immigration attorney on staff to advise incoming students and faculty as well. Other possibilities include becoming an immigration judge, a legislative aid (every member of Congress has an immigration advisor on staff), or an appointed or elected official.
Even criminal lawyers would be well-advised to understand immigration law, as they can be professionally sanctioned for failing to properly advise non-citizen clients of the immigration consequences of convictions, pleas, and sentences.
At the end of the day, immigration law can be a strong fit to students interested in human rights and international law, as well as those interested in business law or criminal law.
Applying For Citizenship
Immigration lawyers do much more beyond helping people become citizens of new countries. In addition to this task, immigration attorneys can defend a person’s case and prevent him or her from being deported to another country. A lawyer may provide legal advice about a person’s ability to obtain a work visa in another country for a specified period of time. If a student is studying abroad, then he or she may want to consult with a immigration attorneys for the appropriate visa.
An immigration attorney also helps people obtain citizenship through naturalization. You will need to receive various appointment letters and pass an English and Civics test in order to obtain citizenship through naturalization. Read about the other steps required from the Citizenship and Immigration Services.
An immigration lawyer can be very helpful when you are applying for citizenship from another country. The process of applying for citizenship can be very complex and time-consuming. A lawyer helps you gather the documentation you need to become a citizen. You may also be eligible to apply for citizenship through naturalization in a country like the United States. Here are the other general ways that an immigration lawyer can help your case:
- Assist with citizenship tests.
- Obtain immediate access to citizenship in emergency situations.
- Represent you in court.
- Help you start a business in another country.
Situations and people an immigration lawyer can help with include:
- Immigrating to the United States
- Helping your family to immigrate to the United States
- Getting a Green Card
- Becoming a United States citizen
- Obtaining asylum or refugee status
- Obtaining visas for workers and students
- Obtaining legal status for people who are having trouble renewing a visa, or who have overstayed their visa
- Obtaining legal status for people who are in the United States illegally
- Preventing deportation or removal from the United States
- People who are being tried for a crime that may affect their legal status
- People who may be deported for a criminal conviction or immigration violations in the past
- Helping people with a criminal record immigrate to the U.S.
- Helping people who have previously been deported return to the U.S.
- Obtaining legal status for people who are having immigration issues due to use of fraudulent documents, misrepresentation, marriage issues, medical issues, court history, or other circumstances
- Starting a business in the United States as a foreigner, or employing foreigners in your business
What are Some Situations Where Hiring an Immigration Lawyer is Necessary?
Most persons hire an immigration lawyer when they need assistance in submitting an application for some type of immigration document, such as a visa or green card. This is especially true when the person is unable to fully understand the various requirements under immigration law.
There are certain instances when hiring an immigration lawyer is absolutely necessary. Some of these situations include:
- If an applicant has been convicted of a crime: Nearly all USCIS forms ask whether the applicant has been convicted of a crime. The applicant must disclose their entire criminal record, even for charges that were dropped or expunged. It is usually not necessary to hire a criminal lawyer; immigration lawyers always understand how immigration and criminal law overlap.
- Prior immigration applications have been denied: An immigration lawyer will be able to determine why the application was denied. They can also tell if it is possible to appeal the application or re-apply later in the future.
- If the person has previously been deported or excluded from entry into the U.S.: Sometimes deportation or exclusion means that the person is permanently barred from future applications. An immigration attorney can provide advice on the effects of deportation and exclusion.
- If an applicant has a medical condition: Some, but not all medical conditions may prevent a person from obtaining entry into the U.S. (such as some communicable diseases).
- When an applicant is waiting an unreasonably long time during the application process: Immigration lawyers are familiar with application processes, including deadlines and waiting times. A lawyer can sometimes help the applicant obtain expedited or rush processing.
- If the applicant is seeking an employment-based visa, but their prospective employer is not assisting with immigration issues: Processing for employment-based visas can be complicated. An immigration lawyer can help ensure that future employers are fulfilling their obligations to future immigrant workers.
Hire An Immigration Lawyer
Because obtaining citizenship in a country like the United States can take up to seven years for some people, it is essential to have a lawyer working on your side. A lawyer helps you submit the appropriate documentation to prove your case in court. An immigration attorney also helps ensure that you are handling the process with as much efficiency as possible. He or she will try to avoid any delays in helping you obtain your citizenship. When you have an emergency situation that requires you to go to another country, an immigration attorney helps you obtain the type of documentation that you need to legally reside within a country for a long period of time.