Hiring an Immigration Attorney

Facing an immigration issue alone can be overwhelming and frustrating. Some immigration matters—such as petitioning family members or a potential deportation—greatly benefit from a lawyer’s support and advocacy. A legal professional can protect your rights and guide you through the parts of the immigration system that are hardest to navigate alone.

But it’s critical you find an attorney whom you trust and can effectively handle your case. Even if you have a recommendation from a trusted source or a nonprofit, you still must do your homework.

FindLaw’s Hiring an Immigration Attorney section can help you feel confident about evaluating an attorney’s experience and what questions to ask before you commit. Use the menus below to navigate to the most relevant topic, or scroll down to learn more about hiring an immigration lawyer for your issue.

Tips for Choosing the Right Immigration Attorney for You

Use the tips below to find a lawyer who fits your needs and unique circumstances. 

• Ensure the lawyer is a member of the American Immigration Lawyers Association (AILA). Visit AILA’s official website to verify the lawyer’s membership.
• Check if the attorney has experience handling cases with similar immigration issues.
• For most family-based immigration cases, immigration lawyers charge a flat rate. Be vigilant if you encounter an attorney who charges by the hour. This could be a potential red flag.
• Check your state bar to ensure the attorney has no pending disciplinary actions and is eligible to practice law. Since immigration matters are federal, immigration lawyers can practice in any state. It’s essential to know which state they are licensed in to make it easier to verify their credentials.
• Use the initial consultation to check how comfortable you are with the lawyer and understand their legal experience.
• Be honest with your legal concerns and your story. For example, if you have previous arrests or convictions and the lawyer doesn’t know about them, it’s hard for them to effectively defend you.

Roles of an Immigration Lawyer in the Immigration Process

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 serve as counselors, providing legal advice to clients who interact with immigration court officials.

Many immigration lawyers also have experience processing documents with U.S. agencies like the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and more. Immigration lawyers can give you detailed guidance on navigating the immigration process.

Immigration lawyers also practice in various areas of immigration law. For instance, in some family-based immigration cases, both family laws and immigration laws play essential roles. 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 visa applications with USCIS.

When Do I Need an Immigration Lawyer?

While an attorney is not required to migrate to the United States, enlisting their help is necessary in some situations. Immigration laws are complex and constantly evolving. A lawyer can provide up-to-date legal guidance and help you understand how different policies apply to you.

An attorney can reduce the risk of errors in employment-based immigration, family-based immigration, and visa matters. This is why many noncitizens hire an attorney to handle legal processes such as 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:

Prior Denial of Application

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.

Crime Conviction

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 provide legal advice on how this criminal record could affect your immigration application or status.

Previous Deportation

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 provide legal advice on issues such as deportation, removal, or exclusion.

Terminated Marriage

In general, marriage-based visa applications are jointly filed. If the marriage was the basis for the foreign national’s status or application, termination could jeopardize their immigration status or application. In this case, it is helpful to seek legal advice from an immigration attorney.

Petitioning Family Members

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. 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.

Temporary Visas

If you plan to travel to the U.S. temporarily, you should first get a U.S. visa. A foreign national can apply for different types of temporary or nonimmigrant visas. Each visa has a specific purpose.

For instance, USCIS issues business visas to those coming to the U.S. to attend business trips, conventions, and tourism. There are also visas for athletes and entertainers with internationally recognized reputations.

For most situations, you don’t need legal help to apply for a U.S. visa. But an attorney can help if you are dealing with unusual circumstances or have a prior visa denial.

Finding the Right Immigration Attorney

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.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Don’t be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

What If I Can’t Afford an Attorney?

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.