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What Can an Immigration Attorney Do? Roles & Responsibilities

by Hyacinth

In today’s interconnected world, immigration is a common phenomenon. People migrate for various reasons, including better economic opportunities, fleeing persecution, reuniting with family, or seeking education. However, navigating the complex legal framework of immigration laws can be daunting for individuals and families. This is where immigration attorneys step in. They play a crucial role in guiding immigrants through the legal process, advocating for their rights, and ensuring compliance with relevant laws and regulations.

What is an Immigration Attorney?

An immigration attorney is a legal professional who specializes in matters related to immigration law. They are trained and experienced in assisting individuals, families, and businesses with various immigration issues, including visas, green cards, citizenship, deportation defense, asylum applications, and more. Immigration attorneys may work in private practice, for non-profit organizations, or for government agencies.

Education and Training

Becoming an immigration attorney requires extensive education and training. Like other lawyers, they typically earn a bachelor’s degree followed by a Juris Doctor (J.D.) degree from an accredited law school. After completing law school, aspiring immigration attorneys must pass the bar exam in the state where they intend to practice. Additionally, some attorneys pursue further specialization in immigration law through post-graduate studies or certification programs.

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Roles and Responsibilities of Immigration Attorneys

Immigration attorneys provide a wide range of services to their clients, depending on their needs and circumstances. Some of the primary roles and responsibilities of immigration attorneys include:

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1. Legal Advice and Counseling: One of the fundamental roles of an immigration attorney is to provide legal advice and counseling to individuals and families seeking to navigate the complex immigration system. They assess their clients’ eligibility for various immigration benefits, explain their rights and options, and develop personalized strategies to achieve their immigration goals.

2. Application Assistance: Immigration attorneys assist clients in preparing and filing applications for visas, green cards, asylum, citizenship, and other immigration benefits. They ensure that the applications are completed accurately, compile supporting documentation, and submit them to the appropriate government agencies. Additionally, they may represent clients in interviews and hearings as part of the application process.

3. Deportation Defense: In cases where individuals face deportation or removal proceedings, immigration attorneys provide legal representation and advocacy to defend their clients’ rights and prevent deportation. This may involve appearing in immigration court, presenting evidence and arguments on behalf of their clients, and exploring avenues for relief from removal, such as asylum, cancellation of removal, or waivers.

4. Legal Representation: Immigration attorneys represent their clients in interactions with immigration authorities, including the U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and immigration courts. They communicate with government officials on behalf of their clients, respond to requests for evidence, and negotiate settlements when possible.

5. Appeals and Litigation: In cases where immigration applications are denied or clients face adverse decisions, immigration attorneys can file appeals and initiate litigation to challenge the decisions and seek judicial review. They navigate the complex appeals process, prepare briefs and arguments, and advocate for their clients’ interests before appellate courts and administrative bodies.

6. Compliance and Risk Management: Immigration attorneys help businesses and employers navigate the complex landscape of immigration compliance laws. They advise companies on hiring practices, employee eligibility verification (Form I-9), compliance with visa requirements, and responding to government audits and investigations related to immigration matters.

7. Policy Advocacy: Immigration attorneys may engage in advocacy efforts to shape immigration policy and legislation at the local, state, and national levels. They work with advocacy organizations, participate in policy discussions, and lobby policymakers to promote reforms that benefit immigrant communities and address systemic issues in the immigration system.

Ethical Considerations

Like all legal professionals, immigration attorneys are bound by ethical rules and standards of professional conduct. They have a duty to provide competent and zealous representation to their clients, maintain confidentiality, avoid conflicts of interest, and uphold the integrity of the legal profession. Immigration attorneys must also stay informed about changes in immigration laws and regulations to effectively represent their clients’ interests.

Conclusion

In an increasingly globalized world, immigration attorneys play a vital role in assisting individuals, families, and businesses with navigating the complexities of immigration law. From providing legal advice and application assistance to defending against deportation and advocating for policy reforms, immigration attorneys serve as advocates and allies for immigrants seeking to build a better future in a new country. By leveraging their expertise and experience, immigration attorneys help their clients overcome legal challenges and achieve their immigration goals, contributing to the rich tapestry of diversity and opportunity in societies around the world.

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