Immigration Lawyers: State-Specific Or Universal?

Immigration law is a unique area of law, as it is federal in scope, allowing immigration attorneys to practice across the United States. This means that a lawyer can practice immigration law in any state, even if they are not licensed to practice law in that state. However, there are certain limitations and considerations to keep in mind. For instance, while an out-of-state lawyer can represent a client in immigration matters, they must be careful not to provide legal advice on other areas of law that intersect with immigration law, such as criminal or family law, as that would constitute unauthorized practice. Additionally, there may be advantages to choosing a local attorney who is familiar with the specific rules, procedures, and interpretations of the local immigration court system.

Lawyers must be licensed by a state bar association

Lawyers practising immigration law in the United States must be licensed by a state bar association. This is a requirement for representing clients in immigration matters. While membership in the local state bar association is not mandatory, membership in some state bar association is necessary. This means that lawyers can practice immigration law in any state, even if it is not the state where they are licensed to practice.

Federal regulations explicitly state that an individual can be represented in an immigration matter by an attorney who is a member in good standing of the bar of any U.S. state or territory. This is because immigration law is federal in scope, allowing immigration attorneys to practice nationwide. However, it is important to note that attorneys practising in states where they are not licensed must limit their practice to immigration law and not provide advice on other areas of law that intersect with immigration law, such as criminal or family law, as that would constitute unauthorized practice in that state.

When hiring an immigration lawyer, it is essential to verify their eligibility to practice law. This can be done by checking their current licensing documents and confirming their eligibility through the state agency responsible for regulating attorneys. It is also crucial to ensure that the attorney is not under any court order restricting their practice of law. By taking these steps, individuals can ensure that their lawyer is licensed by a state bar association and authorised to practice immigration law in the relevant state.

While immigration lawyers can represent clients from anywhere in the United States, there may be advantages to choosing a local attorney. Local attorneys are often more familiar with the local rules, procedures, and interpretations of laws specific to the local judges and ICE attorneys. They can navigate the complexities of a case more effectively due to their understanding of the specific nuances and priorities of the local legal system. Therefore, while it is not a requirement for immigration lawyers to be members of the local state bar association, considering a lawyer's location and familiarity with the local legal system can be beneficial in certain scenarios.

Immigration lawyers can represent clients from anywhere in the US

Immigration lawyers are permitted to represent clients from anywhere in the US. This is because immigration law is federal in scope, meaning that immigration lawyers can practice nationwide.

To practice law in the US, a lawyer must typically take and pass the bar exam in one of the fifty states. They must be a member of a state bar association, but it does not have to be the local state bar association. This means that an immigration lawyer can represent clients in any state, even if it is not the state in which they are licensed to practice.

However, there are some important limitations to this. Immigration lawyers must be careful not to give advice on areas of law that intersect with immigration law, such as criminal or family law, as this would constitute the unauthorized practice of law in that state. For example, if a lawyer needs to interpret how a state crime will be viewed under US immigration laws, they must be a bar member in the state where the crime and conviction took place.

While an immigration lawyer can represent a client from anywhere in the US, there may be advantages to choosing a local attorney. A local attorney will be familiar with the local rules and procedures, and the specific nuances and priorities of the local office. This can be beneficial when navigating the complexities of a case.

Lawyers must not be under any court order restricting their practice

Lawyers practising immigration law in the United States are subject to federal regulations. These regulations state that an individual can be represented in an immigration matter by a lawyer who is a member in good standing of the bar of any state. This means that a lawyer licensed in any of the 50 US states is permitted to practice US immigration law in any state.

However, there are certain restrictions on a lawyer's right to practice. A lawyer must not be under any court order restricting their practice. This includes being disbarred or suspended from practice in any jurisdiction. In such a case, the lawyer may be prohibited from practising law in a different jurisdiction, even on a temporary basis.

For example, a lawyer who has been disbarred or suspended in North Carolina may not provide legal services in that state, even on a temporary basis. This is to show respect for the court or body that imposed the sanction and to avoid the appearance of impropriety.

Additionally, a lawyer who is not admitted to practice law in a particular jurisdiction must not hold themselves out to the public as being able to do so. They may, however, provide legal services in that jurisdiction on a temporary basis if it does not create an unreasonable risk to the interests of their clients, the public, or the courts.

It is important to note that while immigration lawyers can represent clients from anywhere in the US, there may be advantages to choosing a local attorney who is familiar with the local immigration court system and the specific nuances and priorities of the local judges and ICE attorneys.

Immigration lawyers can practice in any US state

Immigration lawyers are permitted to practice in any US state, even those in in which they are not licensed to practice. This is because immigration law is federal in scope, meaning that immigration lawyers can practice nationwide.

To practice law in the United States, a lawyer must typically take and pass the bar exam in one of the fifty states. They must be a member of a state bar association and be in good standing with that bar association. This means that they are not the subject of any disciplinary actions and are not under any court order restricting their practice of law.

However, there are some limitations to an immigration lawyer's practice in a state where they are not admitted. They must limit their practice to immigration law and not portray themselves as being able to practice state law in that state. For example, they cannot advise on areas of law that often intersect with immigration law, such as criminal or family law, as that would constitute the unauthorized practice of law in that state.

While immigration lawyers can represent clients from anywhere in the United States, there may be advantages to choosing a local attorney. A local attorney will be familiar with the local rules, procedures, and nuances of the local immigration court system. They may also have relationships with local judges and ICE attorneys, which could benefit their client's case.

Lawyers must be a member in good standing of at least one state bar

Lawyers practising immigration law in the United States must be a member in good standing of at least one state bar. This is because immigration law is federal law, and federal regulations allow lawyers to practise U.S. immigration law in any state, even if they are not licensed to practise law in that state.

To be a member in good standing, a lawyer must not be the subject of any disciplinary actions and must not be under any court order restricting their practice of law. They must be licensed by a state bar association, though not necessarily the local state bar association.

While immigration lawyers can represent clients from anywhere in the United States, there are certain scenarios where it may be more advantageous to hire a local attorney. Local attorneys are often more familiar with the local rules, procedures, and the local immigration court system. They may also be more knowledgeable about the specific nuances and priorities of the local office, which can be crucial in navigating the complexities of a case.

Additionally, immigration cases may require lawyers to research or draft a brief on a subject specific to state law that relates to the immigration case. For example, a lawyer may need to interpret how a state crime is viewed under U.S. immigration laws. In such cases, a local attorney may have a better understanding of the state criminal statute and its potential impact on the immigration case.

It is important to note that while lawyers can practise immigration law in any state, they must limit their practice to immigration law and not provide advice on other areas of law that often intersect with immigration law, such as criminal or family law, as that would constitute unauthorized practice of law in that state.

Frequently asked questions