Career Description of an Immigration Lawyer
As immigration rates in the United States soar, the need for immigration lawyers also rises. An immigration lawyer specializes in immigration procedures, regulations and counsel. In response to the constantly changing immigration landscape, U.S. immigration laws evolve as well. Immigration lawyers must stay abreast of these legal updates to ensure that a simple error does not cost an immigrant his job or a company its employee.
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Education
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Like all attorneys, immigration lawyers must earn a law degree and pass their regional bar exam to practice law. The field does not require a specific concentration in immigration, although young attorneys interested in immigration law may consider taking an immigration law class while in law school. In the legal field, you will find that many immigration lawyers speak more than one language. Sometimes, foreign students who immigrate to the United States study to become immigration lawyers, as they can relate their own personal experience and expertise to a specific client base. Although not required, these special attributes can aid an immigration lawyer when trying to find a job or recruit a client.
Nonimmigrant Clients
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A great deal of immigration law revolves around nonimmigrants. Nonimmigrants describes foreign nationals who wish to earn a work visa or temporarily work in the United States, but do not have sponsorship to permanently immigrate to the United States. Many immigrants initially start out as nonimmigrants before applying for change of status. Most nonimmigrant work for immigration lawyers includes temporary work visas, with H-1B and L visas the most prominent. When a company seeks to hire a foreign national, they must sponsor a work visa for the individual. Depending on which type of visa the individual qualifies for, the company usually hires an immigration lawyer to complete the paperwork, file the petition and counsel the company in compliance with U.S. Citizenship & Immigration Services laws.
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Immigrant Clients
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Immigrant clients usually refer to foreign workers interested in obtaining permanent residency in the United States. To achieve this, the client must apply for a green card. Depending on qualifications and country of birth, the green card process may take several years. The United States limits the number of green cards given out and places a priority classification based on occupation specialization and countries with lower immigration rates. Immigrants from countries like India and China frequently will wait several years until their application becomes current. The role of the immigration lawyer in the immigrant process includes making sure the employer satisfies the Department of Labor recruiting stipulations, completes the necessary due diligence for the position of interest, files all immigration paperwork timely and completely, counsels the employer and immigrant applicant throughout the process and pays close attention to time lines and deadlines to ensure that several years of time do not go to waste.
Criminal Cases
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Most immigration lawyers do not see the inside of a courtroom. Instead they work closely with human resources contacts at client employers and the foreign nationals. However, some immigration lawyers choose to help individuals facing criminal charges or deportation. When a company's employee becomes incarcerated or potentially detained while trying to enter or leave the United States, an immigration lawyer that specializes in troubleshooting issues may serve as representation. In these instances, the ability to speak foreign languages offers a tremendous advantage to an immigrant client who may not fully understand the charges brought against him.
Professional Organizations
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Many immigration lawyers belong to AILA: American Immigration Lawyers Association. AILA serves as a collective group of immigration lawyers and offers liaising services with government immigration agencies, offers teaching tools and methods to members, serves as a troubleshooting forum for immigration questions and also as a network for immigration lawyers across the country. In the immigration field, lawyers frequently come across case situations that present new problems and do not necessarily follow any precedent. This forces many lawyers to get creative, apply legal theory to similar rules but also ask for assistance from liaising members of AILA. The opportunity to ask a question directly to a governing source of immigration through membership with AILA proves extremely useful to practicing immigration lawyers, as some issues may never be addressed by law books or prior cases.
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References
Resources
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