What does an immigration lawyer do?

What is an Immigration Lawyer?

Immigration lawyers are attorneys who focus on helping people with immigration issues. They understand the rules, laws, and processes about moving to or staying in a country, as well as being deported. These lawyers assist individuals and families in understanding and handling the often complicated steps involved in entering, living, or working in a new country.

What does an Immigration Lawyer do?

Duties and Responsibilities
The immigration lawyer's role is multifaceted, requiring a mix of legal expertise, problem-solving skills, and compassion. Their tasks and responsibilities include:

Client Representation

• Representing clients in immigration court during deportation or removal proceedings
• Advocating for clients seeking asylum or refugee status
• Defending clients against immigration violations or criminal charges impacting their immigration status

Application Assistance

• Preparing and filing applications for visas, permanent residency (e.g., green cards), or citizenship
• Assisting with family-based immigration petitions to reunite families
• Helping clients apply for work permits or study permits

Legal Guidance

• Advising clients on immigration laws, policies, and eligibility requirements
• Explaining the consequences of overstaying visas, unauthorized work, or other immigration violations

Documentation and Compliance

• Reviewing and ensuring the accuracy of legal documents and supporting evidence
• Assisting businesses with compliance in hiring foreign workers, including securing work visas

Problem Solving

• Handling appeals for denied applications or petitions
• Advising on legal pathways for undocumented individuals seeking lawful status
• Identifying and pursuing waivers for inadmissibility issues (e.g., criminal records, prior deportations)

Specialized Cases

• Assisting with humanitarian cases such as Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), or U visas for crime victims
  US immigration law allows noncitizens who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a Green Card).
• Helping entrepreneurs or investors immigrate through business-related pathways

Ongoing Education

• Keeping up to date with changing immigration laws and policies
• Educating clients about new opportunities or changes affecting their status

Administrative Tasks

• Coordinating with government agencies like United States Citizenship and Immigration Services (USCIS), the Department of State, or immigration courts
• Managing case files and maintaining client communication throughout the process

Types of Immigration Lawyers
Now that we have a sense of the immigration lawyer’s work, let’s look at some different types of these lawyers, each focusing on specific aspects of immigration based on the needs of their clients:

Family Immigration Lawyers

• Specialize in family-based immigration, helping clients bring family members to live with them in a new country
• Handle cases involving spousal visas, parent-child sponsorships, or fiancé(e) visas

Employment Immigration Lawyers

• Focus on work-related immigration issues, assisting employers and employees with obtaining work visas and permits
• Help businesses comply with labor and immigration regulations when hiring foreign workers

Asylum and Refugee Lawyers

• Work with individuals fleeing persecution or violence, helping them apply for asylum or refugee status
• Represent clients in asylum hearings or appeals

Deportation Defense Lawyers

• Specialize in representing clients facing deportation or removal proceedings
• Advocate for relief, such as cancellation of removal, asylum, or adjustment of status

Citizenship and Naturalization Lawyers

• Assist permanent residents with the naturalization process to become citizens
• Help resolve issues related to citizenship eligibility, such as criminal records or residency requirements

Business and Investor Immigration Lawyers

• Focus on immigration pathways for entrepreneurs, investors, or companies expanding internationally
• Help clients navigate visas like EB-5 (US) or similar investment-based immigration programs in other countries

Humanitarian Immigration Lawyers

• Work on cases involving humanitarian relief, such as Temporary Protected Status (TPS), U visas for crime victims, or VAWA (Violence Against Women Act) petitions
• Advocate for individuals in crisis situations, like trafficking victims

Student and Academic Immigration Lawyers

• Assist students, researchers, and academics with obtaining study visas or research-related permits
• Handle issues like transitioning from student status to work status

Appeals and Litigation Specialists

• Focus on handling denied immigration applications and representing clients in appeals or federal court cases
• Often deal with complex legal issues that require advanced litigation skills

Regional or Country-Specific Specialists

• Specialize in immigration laws for specific countries or regions
• May focus on navigating treaties, agreements, or unique visa requirements between nations

What is the workplace of an Immigration Lawyer like?

Immigration lawyers work in diverse settings, reflecting the wide-ranging needs of individuals and organizations dealing with immigration law:

Law Firms

• Specialized immigration firms focusing solely on immigration law employ lawyers to handle a variety of cases, including family, business, or asylum cases.
• Larger general practice firms with multiple practice areas may hire immigration lawyers to provide immigration-related services.

Corporations and Businesses

• Companies that employ foreign workers may hire immigration lawyers to manage work visas, compliance, and employee relocation.
• Multinational corporations often have in-house immigration lawyers to handle global mobility and immigration needs.

Government Agencies

• Government immigration departments and agencies, such as US Citizenship and Immigration Services (USCIS) or Immigration, Refugees and Citizenship Canada (IRCC) employ immigration lawyers to oversee immigration processes.
• Government legal aid programs may hire immigration lawyers to provide assistance to low-income individuals or asylum seekers.

Non-Governmental Organizations (NGOs) and Non-Profits

• Organizations focused on human rights, refugees, or immigrant advocacy often employ immigration lawyers to represent vulnerable populations and provide legal support.
• Examples include the International Rescue Committee (IRC) or American Immigration Council.

Academic Institutions

• Universities or research institutions hire immigration lawyers to assist international students, faculty, and researchers with visas and residency.

International Organizations

• Organizations like the United Nations or International Organization for Migration (IOM) employ immigration lawyers to handle global migration and refugee issues.

Private Individuals

• Immigration lawyers are often retained directly by individuals or families seeking assistance with immigration matters like visas, green cards, or naturalization.

Legal Aid Societies and Clinics

• Immigration lawyers may work in organizations offering pro bono or low-cost legal services to underserved immigrant communities.

Courts and Tribunals

• Some immigration lawyers serve as judges or advisors in immigration courts, tribunals, or administrative bodies that oversee immigration disputes.

Startups and Tech Companies

• Businesses in the tech industry may employ immigration lawyers to assist with employee sponsorships, H-1B visas, or navigating global talent mobility challenges.

The workplace of an immigration lawyer can vary depending on their employer and area of specialization:

• Law Firms – Many immigration lawyers work in traditional office settings, either in small, boutique firms specializing in immigration law or larger firms with multiple practice areas. The environment is typically professional, with a mix of desk work (researching, drafting applications) and client interactions.
• Corporate Settings – Immigration lawyers working in-house for corporations operate in an office environment as part of a legal or human resources team.
• Government Agencies – Immigration lawyers employed by government agencies, such as immigration services or legal aid programs, may work in government offices. The atmosphere is often bureaucratic, requiring adherence to strict protocols and deadlines.
• Courtrooms and Tribunals – Immigration lawyers involved in deportation defense or appeals spend time in immigration courts or tribunals. These settings are formal and require lawyers to prepare arguments and represent clients before judges.
• Non-Profit Organizations – Lawyers in non-profit settings may work in community-oriented offices or clinics that offer services to vulnerable populations. These workplaces are often collaborative and focused on advocacy, with a high emphasis on client interaction.
• Remote and Virtual Work – Many immigration lawyers work remotely or use hybrid setups, especially for tasks like drafting petitions, conducting virtual consultations, or attending online hearings. This flexibility has become more common with advancements in technology and virtual court systems.
• Travel and Fieldwork – Some immigration lawyers, especially those handling asylum or humanitarian cases, may travel to detention centers, border areas, or refugee camps. These environments can be unpredictable and emotionally charged.
• Educational or Institutional Settings – Immigration lawyers employed by universities or research institutions often work in onsite academic offices.

In general, the atmosphere at the immigration lawyer’s place of employment is fast-paced and high-pressure, characterized by deadlines, changing laws, and clients in stressful or vulnerable situations, demanding cultural sensitivity, empathy, and resilience.