December 21, 2022

What Does an Immigration Attorney Do?

By Alan Lawson

Immigration attorneys represent clients who want to apply for citizenship or permanent residency in the United States. They also advise immigrants on their legal rights and responsibilities.

An immigration attorney NJ helps individuals navigate through the complex U.S. immigration system. The law requires applicants to prove they meet certain requirements before being granted permission to live and work in the country. A good immigration attorney should be able to answer questions regarding the application process, such as whether the applicant qualifies for a visa or green card. He or she should also be able to explain the laws governing immigration and provide guidance on how to deal with potential problems. 

Overview of an immigration attorney

An immigration attorney represents clients before the U.S. Citizenship and Immigration Services (USCIS), the agency within the Department of Homeland Security responsible for processing applications for permanent residence. They also represent applicants seeking asylum, refugee status, and temporary protected status.

Immigration attorneys must understand the laws governing immigration and naturalization, including the requirements for obtaining citizenship. They must also be familiar with the procedures used by USCIS to process applications and adjudicate cases. Finally, they must possess excellent communication skills so they can effectively convey information to clients and communicate with government officials.

In addition to these core competencies, immigration lawyers must be able to handle a wide variety of legal issues related to immigration law. These may include representing clients in removal proceedings, defending against deportation charges, filing petitions for special visas, and assisting immigrants with employment opportunities.

How does an immigration lawyer become qualified to practice law?

To begin practicing law, candidates must pass the bar exam administered by the state in which they wish to practice. Once admitted to the bar, attorneys must complete additional education and training. Attorneys must also meet certain ethical standards set forth by the American Bar Association.

Functions of an immigration attorney

An immigration attorney does everything from advising clients on visa applications to representing them before U.S. Citizenship and Immigration Services (USCIS), the agency responsible for processing all immigrant visas. Here’s a brief overview of some of the things an immigration lawyer does:

Advise Clients on Visa Applications

Immigration attorneys advise clients on visa applications, including petitions for asylum, adjustment of status, and permanent residence. They also assist applicants with obtaining necessary documents and preparing supporting evidence.

Represent Clients Before USCIS

Once an application is submitted, an immigration attorney represents his or her client before USCIS. During these meetings, the attorney explains the reasons behind the application and answers questions posed by the adjudicator.

Help With Other Legal Issues

An immigration attorney may represent clients in deportation proceedings, removal hearings, and other legal matters. He or she may also provide advice regarding employment issues, such as H-1B visas and green cards.

Provide Guidance on Immigrant Rights

Many immigrants lack an understanding of their rights under U.S. law. An immigration attorney provides guidance on these topics, including the right to counsel during interviews and appeals.

Assist with Travel Documents

An immigration attorney assists clients with travel documents, including passports and visas. She or he may also help with the preparation of affidavits required for certain visa categories.

Draft Letters and Forms

An immigration attorney drafts letters and forms used by clients to communicate with USCIS. These include requests for extensions of stay, change of address notices, and petitions for naturalization.

Prepare Petitions for Naturalization

An immigration attorney prepares petitions for naturalization, including I-485 applications. Once filed, the petition must be reviewed by USCIS within 120 days.