What Does an Immigration Lawyer Do?

Immigration laws are your guidebook for:

• Getting a U.S. visa to travel to the United States for a short period
• Securing a lawful permanent residence
• Becoming a U.S. citizen through naturalization
• Facing deportation or removal proceedings

This article offers a detailed overview of U.S. immigration laws. Learn how immigration attorneys support those seeking visas, green cards, or citizenship, and how they advocate for those facing deportation or removal.

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.

Immigration and Naturalization

Immigration law includes rules and guidelines about foreign nationals coming to the United States to travel, study, live, or work. Meanwhile, naturalization law governs how foreign nationals get U.S. citizenship.

People who have never interacted with the immigration system often express surprise at the options available for those wishing to come to the U.S. For instance, there are B1/B2 visas for temporary visitors coming to the U.S. temporarily for business or work. Then, there’s an F-1 student visa and a J-1 visa for exchange visitors.

See FindLaw’s article on temporary visas for a more detailed list of visas the U.S. government offers.

Each visa category has varying documentation requirements that you must submit. It often starts with filing an application form for the visa category you want. In most cases, you will also be asked to attend a visa interview. You’ll also have to undergo biometrics screening before you get the authority to enter the United States.

Many immigrants arrive in the U.S. with a visa, which allows them to stay for a limited time and purpose. These temporary U.S. visas are also called nonimmigrant visas. Some come to the U.S. holding permanent resident visas or a “green card.” Compared with temporary visas, a permanent resident visa allows you to stay in the U.S. indefinitely.

There’s also the process called adjustment of status. After meeting specific eligibility requirements, a nonimmigrant visa holder may file an Application to Register Permanent Residence or Adjust Status (Form I-485).

In most cases, green card holders who have lived in the U.S. continuously for a certain period may become U.S. citizens through naturalization. The process often begins when the green card holder files an Application for Naturalization (Form N-400 application).

There are eligibility requirements to become a naturalized U.S. citizen. For instance, U.S. immigration laws require the person to be of good moral character and to take an oath of allegiance to the United States. The applicant will also undergo a naturalization interview and take English and civics tests. For more information on getting U.S. citizenship, read this article about how to become a naturalized U.S. citizen.

Overview of the U.S. Immigration System

The U.S. immigration law is primarily based on the following principles:

• Family reunification
• Admission of migrants with skills beneficial to the American economy
• Protection of refugees
• Promoting diversity

The Immigration and Nationality Act governs immigration and naturalization law.

INA allows up to 675,000 permanent immigrant visas across different categories every year. But, there’s no numerical limit on the admission of parents, spouses, and children (under 21) of U.S. citizens. Also, the U.S. president must collaborate with Congress to set the annual number of refugees allowed to enter the U.S. through the U.S. Refugee Admissions Program.

The U.S. Citizenship and Immigration Services (USCIS) is an agency of the Department of Homeland Security (DHS). The USCIS oversees the lawful immigration of foreign nationals into the United States. Some of the basic steps to expect when seeking authority to enter the U.S. are:

1. Fill out an application form. You must fill out an application for the visa category you are attempting to get. You can access the complete list of application forms on this USCIS website.

2. Submit your application form and necessary documents. After filing the application form, you must submit it to the corresponding U.S. government agency. It can be the USCIS for visa applications filed within the country or at a U.S. embassy or U.S. consular office in your home country. Besides the application form, you also have to submit the required documents.

3. Pay filing fees. You have to pay a filing fee along with your U.S. visa application.

4. Attend your biometrics appointment. The biometrics appointment is the U.S. government’s way of conducting background checks for all visa applicants. Here, an immigration or USCIS officer will collect your pictures, fingerprints, and other relevant information.

5. Schedule and attend a visa interview. You must also attend the visa interview. The interview will take place at the U.S. embassy in your home country or a USCIS office.

Family-Based Immigration

One of the most essential principles governing U.S. immigration laws is family reunification. Through family-based immigration, LPRs and U.S. citizens may live with their family members in the United States. Every year, the U.S. government issues unlimited visas to the immediate relatives of U.S. citizens.

But prospective recipients of these family-based immigrant visas should still meet eligibility standards. The petitioner should also meet the age and financial requirements.

Employment-Based Immigration

U.S. immigration policy has different ways for immigrants with specialized skills to come to the U.S. temporarily or permanently.

Temporary Employment Visa

Temporary employment-based visas allow employers to petition and hire foreign nationals for particular jobs for a limited period. Most temporary workers have limited capacity to change jobs and must work for the U.S. employer who petitioned for them.

Permanent Employment Visa

Permanent employment-based immigration allows migrant workers to work and live in the U.S. indefinitely. The U.S. issues these visas based on applicants’ employment qualifications. It categorizes them according to their skills and level of qualification.

Compared with temporary employment visas, permanent employment visas provide migrants more flexibility when applying. They are not limited to working with the U.S. employee who filed the petition. They can change jobs and may file naturalization applications.

Refugees and Asylees

Refugees enter the U.S. when they can’t safely return to their home country because of a credible fear of persecution. This fear of persecution is often grounded in their religion, race, national origin, political opinion, or membership in a particular social group. The admission of refugees and asylum seekers may be based on specific criteria, including the level of danger they face.

How Can an Immigration Lawyer Help?

U.S. immigration and the naturalization process involve various rules and evolving regulations. Each visa category may need different eligibility requirements. The steps to follow may vary. These laws are intricate and ever-changing. Seek legal advice from an immigration attorney or naturalization attorney.

An attorney can give legal guidance to solve some immigration-related legal issues you and your family face. They can guide you through the application process and ensure you follow legal requirements. Whether you are looking to file a citizenship application or have a pending immigration case with the immigration court, an experienced immigration lawyer can provide legal services to help you with your case.

You’ll Want an Attorney for Certain Immigration Issues

If any of the following situations apply to you, consider seeking legal advice from an immigration attorney:

You’ve Been Arrested or Convicted of a Crime

Most USCIS forms ask whether you have committed or been convicted of a crime. Remember that you will be fingerprinted if you want to immigrate. While not all crimes create a barrier to immigration, if you don’t tell the truth on your immigration forms, you risk deportation.

Your Prior Applications Have Been Denied

An attorney can identify issues with your first application and advise whether they can fix it. If you experience any issue like this during your visa application process, immigration lawyers can help.

You’ve Attempted the Process on Your Own and Are Unsure How To Proceed

The immigration process is notoriously complicated. Many people hire attorneys because they have reached the limit of their patience. It is often better to hire an attorney than to improvise, which can cause unnecessary delays.

You Have Been Deported From the United States

Not all removals from the United States will result in permanent bars to immigration. It depends on the reason for removal, your immigration history, and whether you attempted unlawful reentry. Some people may be able to return, especially if they meet specific humanitarian criteria.

You Have an Infectious Disease

Not all diseases are a permanent bar to immigration. Immigration law focuses on a specific list of “communicable diseases of public health significance.” Many conditions can be treated or cured.

An immigration attorney can explain how the rules apply to your diagnosis. They can also advise whether a waiver or additional documentation may be needed.

You’ve Filed Your Immigration Forms and Are Waiting an Unreasonable Time for a Response

 A well-established immigration attorney will have relationships with USCIS staff who can help secure a timely determination of your application’s status.

You Divorced Your First U.S. Spouse Before the Condition Was Removed From Your Permanent Residence

If you divorce your U.S. citizen spouse before filing to remove the conditions on your permanent residence, you must file the petition on your own rather than jointly. This can make it harder to show that your first marriage was not a sham marriage. This is especially true if the relationship with your former spouse or their family has deteriorated to the point where they won’t provide evidence that you had a bona fide marriage.

If you are now seeking to adjust your status based on a new marriage to a U.S. citizen, an attorney can help gather proof that your prior marriage was legitimate. They can also help you navigate the process, which can be highly scrutinized.

You Are Immigrating With Your Older Child

Your child could turn 21 before your permanent residence is granted, which may change their eligibility to immigrate with you. For example, if you are getting a green card through employment, your spouse and unmarried children under 21 can usually apply as dependents. But processing delays can affect whether your child still qualifies.

You’re Getting an Employment-Based Visa or Green Card, but Your Employer Is Not Handling the Process

The process of getting a visa or green card based on employment is complex. Failure to follow procedures correctly can result in lengthy delays and even denials. You’ll need an attorney to advocate for you and facilitate conversations with your employer and immigration officials.

You Are Navigating a Deferred Action for Childhood Arrivals (DACA) Issue

DACA was enacted to prevent eligible young adults from deportation after they were brought to the United States as children. It also provides these young adults with work authorization for limited periods. Those periods of work authorization are renewable.

A lawyer can explain your eligibility and prepare a complete renewal request. With their help, you’ll avoid risks that could affect your protection or work authorization.

Professional Qualifications for Immigration Attorneys

To practice law, a person must complete an undergraduate (bachelor’s degree) program. Then, they must attend a law school accredited by the American Bar Association. When they graduate from law school, they will earn a juris doctorate degree.

Also, they must pass the bar examination in whatever state they wish to practice. Only then (under most circumstances) can they practice law and provide legal advisory services to immigrants in any context. This includes navigating immigration cases and appearances in immigration courts. Since immigration is federal law, an attorney with a bar license can practice in any of the 50 states.

While not required to practice immigration law, many immigration attorneys are members of the American Immigration Lawyers Association (AILA). This nonprofit provides continuing education and other services to immigration attorneys to practice immigration law more effectively.

How To Find an Immigration Attorney Near You

Immigration matters are very complicated. It can be overwhelming and confusing to face any immigration process on your own. A skilled immigration attorney can explain how they can help you meet your immigration goals, including identifying all your options and helping to avoid potential pitfalls.

Some non-profit organizations offer low-to-no cost legal aid for immigration issues. Some attorneys also offer limited pro-bono services at local legal aid clinics. These attorneys may help by explaining the immigration process and forms, but they often cannot offer legal advice. Check with your state’s bar association to see what’s available in your city or county.

FindLaw’s directory of immigration law attorneys is also a reliable resource. Start by entering your city or ZIP code for qualified legal professionals near you. Your results will also show ratings and contact information.