Immigration lawyers are those who focus on interpreting United States immigration law, which can change with each presidency, and who guide their immigrant clients through the complicated and ever evolving immigration process. A large portion of an immigration lawyer’s time is spent helping those who are experiencing difficulties related to adhering to immigration requirements. They also represent their clients during deportation hearings.
Many immigrants choose to invest in an immigration lawyer because even simple, honest mistakes on a visa or green card application can result in delays known to last several years. Additionally, mistakes may lead to the applicant being denied or deported. As such, immigration lawyers generally fill the role of an advisor or counselor to their clients who must interact with United States immigration authorities.
Immigration lawyers do not usually spend much time handling civil disputes in court when compared to other types of lawyers. Rather, they tend to act as mediators between their clients and the authorities. An example of such an authority would be the United States Citizenship and Immigration Services, or, the USCIS. However, as previously mentioned, immigration lawyers do make appearances before an immigration judge if their client must face an immigration hearing. The majority of immigration lawyers also address issues that involve their clients and criminal laws.
To simplify, an immigration lawyer will likely provide information and guidance regarding:
What Are Some Situations Where Hiring an Immigration Lawyer Is Necessary?
Hiring an immigration lawyer is not always necessary. The process can be completed by someone representing themselves. However, working with an attorney who is fully aware of all current immigration laws can greatly reduce the risk of mistakes or errors. Most people will hire an immigration lawyer when they would like assistance with submitting an application for an immigration document, such as a visa or green card.
There are some situations in which hiring an immigration lawyer is actually necessary. Some of the most common examples of these situations include, but may not be limited to:
- Crime Conviction: If the immigration applicant has been convicted of committing a crime, they will need to work with an immigration attorney. Nearly every USCIS form requires that the applicant divulge whether they have been convicted of a crime.
- The applicant must disclose their entire criminal record, including charges that were dropped or later expunged.
- An immigration lawyer will be aware of how immigration and criminal laws overlap each other, thereby eliminating the need for a separate criminal defense lawyer.
- Application Denial: An immigration lawyer will be needed if the applicant’s prior immigration applications have been denied.
- Their attorney will determine why the application was denied, and determine whether it is possible to appeal the application or reapply at a later date.
- Previous Deportation: An applicant will need to hire an attorney if they have previously been deported, or excluded from entry into the United States.
- This is because deportation or exclusion can sometimes mean that the applicant is permanently banned from future applications.
- An immigration lawyer would be able to determine whether that is the case, and advise the applicant regarding the effects of deportation and exclusion.
- Medical Condition: Some medical conditions, generally communicable diseases, can prevent a person from being granted entry into the United States.
- An immigration lawyer will be able to help applicants determine whether their medical condition will render them ineligible, and what their options are.
- Unreasonable Wait Time: When an applicant has been waiting for an unreasonably long time during the application process, they should hire an immigration attorney.
- Because immigration attorneys are familiar with the application process, they are also familiar with deadlines and expected wait times.
- The attorney may be able to help the applicant in terms of obtaining expedited or rush processing.
- Employer Non-cooperation: If the applicant is applying for an employment-based visa, but their prospective employer is not assisting with related issues, the applicant should hire an attorney.
- An immigration lawyer can help ensure that future employers fulfill their obligations to the applicant as promised.
- Terminated Marriage: An attorney will be necessary if the applicant was married to a United States citizen, but the marriage was terminated before the applicant was able to remove certain conditions from their permanent resident status.
- Generally speaking, visa applications that are based on a marriage are jointly filed.
- As such, if the marriage was terminated because of death or divorce, it may be especially difficult to prove that it was not a fraudulent marriage.
- Recently Divorced: A similar situation would be if the applicant would like to adjust their permanent resident status, but is recently divorced and is married to a different United States citizen.
- The first marriage may be suspected of being a scam.
- As such, an immigration lawyer could help prove that the first marriage was actually legitimate.
- A Child Under the Age of 21: Eligibility for permanent resident status differs based on the immigrant’s age, and requirements are different for children under the age of 21.
- If the applicant is coming with their family, and their child might reach the age of 21 before being granted permanent resident status, an immigration attorney can provide advice regarding the best method for filing for children of applicants.
What Are Some Things Immigration Lawyers Don’t Do?
If the applicant is overseas, an immigration lawyer cannot attend consular interviews with them. However, they may prepare necessary paperwork, as well as communicate afterward with involved consulates. It is important to note that lawyers cannot speed up the immigration process, and cannot guarantee the results of the immigration process. An attorney can only help guide you throughout the immigration process, not control the results.
What Immigration Laws Apply to Immigration Issues?
Many different immigration laws are in place that may apply, depending on someone’s issue or concern. One immigration law that will likely apply no matter the issue is called the Immigration and Nationality Act (INA), which applies to everything from naturalization, to deportation to all visa categories, and more.
There may also be a variety of other immigration laws as well as executive orders that apply to an immigration application or case. Due to the variety of laws and requirements that may change at any time and because immigration issues typically have strict deadlines, it is very important to have assistance from an immigration lawyer, no matter the issue.
There are some executive orders that may impact immigration cases, which include:
- Executive Order Protecting the Meaning and Value of American Citizenship
- Birthright citizenship is no longer granted automatically to children born in the U.S.
- Although this term may be controversial, it can also be referred to as anchor baby status because it may let other members of a family become citizens
- One parent must be a permanent resident or a citizen for a child to be awarded birthright citizenship
- If the parents are in the U.S. on a temporary visa, the child will not be awarded birthright citizenship
- Not in force because of an injunction
- Executive Order Protecting the American People Against Invasion
- Not in force because of an injunction
- Expands using expedited removal for immigration cases
- Provides policies about:
- enforcing deportation and removal
- enforcing illegal entry
- unlawful presence in the United States
- Executive Order Realigning the United States Refugee Admissions Program (USRAP)
- Places limits on ways to apply to enter into the United States
- Applications are allowed on a case-by-case basis
- Suspended awaiting additional evaluation
- Executive Order Guaranteeing the States Protections Against Invasion
- Entry into the U.S. not allowed at the southern borders
- The Secretary of State and the Department of Homeland Security (DHS) can admit on a case-by-case basis
Those immigration laws that are in place, including the executive orders discussed previously, may directly affect immigration applications and cases. This category of law is always subject to review and update, especially when a new presidential administration takes office.
Because the laws can change at any time and one small mistake can lead to long delays or even denials, it is necessary to have an immigration lawyer’s help with all immigration concerns.
How Has the Immigration Process Changed Due to COVID-19?
In response to the COVID-19 pandemic, the USCIS suspended all in-person services for the first three months of the pandemic. Because of this, interviews for all immigration and asylum applications were postponed. Additionally, all biometrics appointments were canceled. What this means is that new fingerprints cannot be collected.
The USCIS temporarily suspended naturalization ceremonies, and would not compromise on offering virtual oath ceremonies. The effect of this resistance was that the ability of tens of thousands of applicants to become United States citizens was delayed, meaning that they could not enjoy the benefits and rights entitled to them as citizens. There have been no broad policy changes which would enable noncitizens to focus on their health and the pandemic, as opposed to being concerned about their immigration status.
As of September 2020, it would appear that the immigration process has become even more complex due to COVID-19. As of 2025, the majority of the direct travel bans and entry restrictions on general immigration that were based on COVID-19 have been lifted.
However, there may still be CDC guidance provided, ICE protocols in place for detention, as well as general shifts in processes following the pandemic that influence immigration. These shifts in immigration processes focus on updated health protocols, detention management, and general security issues.
How Can an Immigration Lawyer Help with COVID-19 Issues in the Immigration Process?
An immigration lawyer is going to be most up to date regarding the recent changes in the immigration process as a result of COVID-19. As such, an experienced immigration attorney will make sure that you correctly follow the latest laws and processes on immigration. An immigration attorney will also be able to help you navigate around some of the current processes that have become delayed due to the COVID-19 pandemic.
What Is the Role of Immigration and Customs Enforcement (ICE) in Immigration?
ICE, or Immigration and Customs Enforcement, investigates a wide variety of criminal offenses, which include, but are not limited to:
- Passport fraud
- Gun smuggling
- Human trafficking
- Drug smuggling
- Money laundering
ICE can arrest people it suspects have violated immigration laws and who have engaged in human trafficking, terrorism, and illegal immigration. As a general rule, ICE can detain a suspect for 48 hours without having a warrant, unless there is an emergency situation.
It is important to be aware, however, that there are differences between immigration and criminal processes and proceedings. For example, even if someone pays a state criminal bond, ICE may still be able to take them into federal immigration custody.
Also, Miranda warnings may not be necessary in an immigration arrest because they are considered a civil process. Immigration suspects do have certain rights that are similar to those of criminal defendants they can invoke when interacting with ICE agents.
For example, if they are asked information about their immigration status or if they consent to a search, the suspect may state that they are invoking their right to remain silent and do not consent to any searches.
These rights are based on case laws holding that, even in narrow immigration contexts, individuals are provided these rights under the Fourth and Fifth Amendments. One other important thing to be aware of is that it is essential to have a lawyer review any type of document provided by ICE before signing it or agreeing to its terms.
What Documents May Be Required In Court for an Immigration Issue?
When someone has an immigration issue, the type of documents or evidence they may have to provide will be different depending on their application or type of case. For example, if someone is applying for an employment visa, they will need specific documentation related to their job opportunity in the United States.
When a prospective immigrant has the proper documents, it helps them establish credibility with the court or agency they are appearing before and validates the claims they are making in their application or arguments. Examples of the categories that are commonly needed for immigration applications and cases are:
- Personal Identification:
- birth certificate
- marriage certificate
- government-issued ID
- Proof of family ties:
- birth certificates of children born in the U.S.
- marriage certificate
- Proof of Physical Presence:
- employment record
- lease agreement
- utility bills that show residence in the U.S.
- Proof of Good Moral Character:
- letter of recommendation
- certification of community service
- criminal background check
- Evidence of Hardship:
Depending on the type of immigration issue, there can also be various other evidence or documents that may be needed. An immigration attorney can help someone figure out exactly what they will need, help ensure they are properly submitted, and make the experience as stress-free and efficient as possible.
Should I Contact an Immigration Lawyer?
If you are at all uncertain about any aspect of the immigration process, you should consult with an experienced local immigration lawyer. Even small and innocent mistakes could lead to deportation or having your application denied. An experienced immigration attorney can help you determine which visa to apply for, remedy any obstacles that may arise, and will also be able to represent you in court, as needed.
If you have a brief moment to spare today, you can get started using LegalMatch’s free lawyer-matching services to find an immigration lawyer in your area who can help, no matter your immigration needs or concerns. As previously discussed, any type of mistake can lead to major delays, so having a lawyer review your forms and submissions is essential.
One major reason this happens is language, especially when English is not your native language. LegalMatch allows you to select your language preferences during the online submission process, allowing you to find an attorney with whom you can communicate effectively, ensuring that your information is accurate. Take advantage of LegalMatch’s no cost lawyer-matching services today to help with your immigration needs.
