The immigration process is complex, leading many to seek help from attorneys to get the best possible outcome.
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Meagan Neil, Esq. | Last reviewed July 11, 2024
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The outcome of immigration matters can enormously affect people and their families. But, hiring an attorney is a complex procedure. Potential clients must find an attorney, ensure competence, and maintain a transparent client relationship.
Even if you have a recommendation from a trusted source or a nonprofit, you must do your homework. Knowing what to look for when hiring an immigration attorney is crucial.
An immigration lawyer is a professional who specializes in interpreting immigration laws. Trained in law school, they offer advocacy, legal services, and advice to clients navigating the immigration process. They also fill the role of a counselor, giving legal advice to clients who interact with immigration court officials. Many immigration lawyers also have years of experience processing documents with U.S. agencies like the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services, and more. Immigration lawyers can give you detailed guidance on navigating the immigration process.
Immigration lawyers also cover various practice areas related to immigration law. For instance, in some cases of family-based immigration, family laws and immigration laws play an essential role. Business immigration lawyers help corporations transfer foreign nationals to the United States.
In some cases, immigration lawyers can also represent clients in immigration courts in coordination with the Department of Justice (DOJ), such as in cancellation of removal proceedings or deportation hearings. But, most immigration lawyers do not handle civil disputes in federal courts or the Supreme Court. Instead, they act as mediators between their clients and government agencies. They can also help process visas with the U.S. Citizenship and Immigration Services (USCIS).
While an immigration attorney is not needed to migrate to the United States, working with an immigration lawyer is crucial due to the complexities of immigration laws and changing rules. Familiarity with employment-based immigration, family-based immigration, and visas can reduce the risk of errors. As a result, many noncitizens hire an immigration attorney to process legal documents like green cards or naturalization.
There are also some cases where the expertise of an immigration lawyer specializing in waivers of inadmissibility is helpful. Some of these situations include:
If you're a visa applicant with past application denials, a lawyer can identify the cause. They can tell you about waivers or reapplication strategies. They can also determine if reapplying later or appealing the application is possible.
Almost every USCIS form requires applicants to declare their criminal history, including charges later dropped or expunged. In this case, an immigration attorney can also be helpful. They can give legal advice about how this criminal record could affect your immigration application or immigration status.
An applicant will need to hire an immigration attorney if they have a previous history of deportation or exclusion from entering the United States. Exclusion or deportation could sometimes result in a permanent ban from filing a nonimmigrant or immigrant visa. An immigration attorney can help you understand your case. They give legal advice on issues like deportation, removal, or exclusion.
In general, marriage-based visa applications are jointly filed. If the marriage was the basis for the foreign national's status or application, a termination could jeopardize their immigration process. In this case, it is helpful to seek legal advice from an immigration attorney.
If you are a U.S. citizen or permanent resident and want to petition a family member to come to the United States, you must follow specific rules. The eligibility and requirements may vary depending on the family member's relationship with the petitioner. For children of U.S. citizens or lawful permanent residents, their child's age and marital status play a crucial role in the adjustment of status.
Finding the right legal professional can be difficult. Foreign nationals might struggle with the U.S. legal system, language barriers, or other communication issues. Even U.S. nationals can find the immigration system confusing when bringing a family member or hiring a foreign worker.
With proper legal representation, you can avoid some common pitfalls of immigration applications. These attorneys have experience handling such legal matters. They can also help you conduct legal research based on your immigration issue.
The American Immigration Lawyers Association is an association of lawyers and law professors who practice immigration law. It is a nonprofit organization that offers various legal services nationwide. It also has attorneys who provide pro bono services or help for immigration matters involving the federal government.
FindLaw also offers a directory of immigration law firms and law offices in every state. Check out their address and phone number to set up an initial consultation.
