When navigating the U.S. immigration process, many people wonder if there’s a difference between an immigration attorney and an immigration lawyer.
These terms are often used interchangeably, leading to confusion among those seeking legal help with visas, green cards, citizenship, or deportation defence.
In this article, we’ll answer the question What’s the difference between an immigration attorney vs immigration lawyer? “including their responsibilities.
Is There a Difference Between an Immigration Attorney vs Immigration Lawyer?
This is one question most people ask. In fact, in the legal industry, finding the difference between an immigration attorney and an immigration lawyer has always been a tug-of-war.
But in the actual sense, the two are the same. We can say “immigration attorney and “immigration lawyer” are used interchangeably. Both are careers in the legal field that require you to have a law school certificate and must have passed the state bar exam before you can practise.
As an immigration Attorney or Lawyer, you are solely responsible for representing your clients in immigration hearings or U.S. Citizenship and Immigration Services (USCIS), providing immigration advice, and filing petitions. They have the same licensure and authority.
Therefore, whether you are called “immigration attorney” or “immigration lawyer”, you have the right to navigate the U.S. immigration system once you have your license.
In contrast, immigration consultants or “notarios” are not licensed to practice law and can cause serious harm if they try to handle legal immigration cases.
Who is a Lawyer?
A lawyer is someone who has gone to law school and earned a law degree, typically a Juris Doctor (JD) in the United States.
The term “lawyer” is a general word used to describe someone trained in law. However, not all lawyers are licensed to practice law. A person may have legal training but hasn’t yet passed the state bar exam or doesn’t have an active law license.
Who is an Attorney?
An attorney (short for “attorney-at-law”) is a lawyer who is licensed to practice law. This means they’ve not only finished law school but also passed the bar exam and are in good standing with a state bar association.
Attorneys can represent clients in legal matters, including immigration courts, USCIS interviews, appeals, and federal courts.
To be called an attorney, you must have completed your legal education, passed the bar exam, be licensed and be able to represent a client in an official hearing.
Immigration Attorney vs Immigration Lawyer| Education & Licensing Requirements
Comparing a law degree to passing the bar
Obtaining a legal degree (Juris Doctor, or J.D.) from an authorized law school is the first step towards becoming a lawyer or immigration attorney in the United States. However, a person does not have the legal right to practice law just because they have a law degree.
They must also pass the bar exam in the state in which they wish to practice to obtain a license. State legislation, professional behaviour, and broad legal principles are all tested on the bar exam.
Obtaining a License for Representation
A person can legally represent clients in court and before U.S. immigration agencies such as USCIS, immigration courts, and the Board of Immigration Appeals (BIA) after passing the bar exam and becoming a licensed attorney.
Continuing legal education (CLE)
The only people who can give legal advice and represent immigrants in formal procedures are licensed attorneys or approved representatives recognized by the DOJ.CLE stands for continuing legal education.
The majority of U.S. states mandate that licensed attorneys take Continuing Legal Education (CLE) courses regularly, typically once a year or twice a year. Updates in immigration law are among the legal changes, ethics, and best practices that CLE makes sure lawyers stay up to date on.
Roles of Immigration Attorney and Immigration Lawyer?
A certified legal expert who assists individuals, families, and businesses in understanding and navigating immigration laws is known as an immigration attorney.
Their primary responsibilities include preparing documentation, giving legal advice, and representing clients in immigration-related disputes. Some of their main duties are listed below:
1. Legal Counsel Regarding Immigration Issues
They provide advice on a variety of topics, including deportation defence, naturalization, green cards, asylum, complicated immigration regulations, and visa choices.
2. Preparing and Filing the Application
Clients of immigration lawyers receive assistance in filling up and submitting applications for citizenship, work permits, permanent residency (green cards), and visas. They guarantee the timely and proper submission of paperwork.
3. Appearance Before Governmental Organizations
They appear before immigration officials on behalf of clients such as Immigration and Customs Enforcement (ICE) *CBP (Customs and Border Protection), Immigration courts, the Board of Immigration Appeals (BIA), and USCIS (U.S. Citizenship and Immigration Services)
4. Defense of Deportation and Removal
When a client faces deportation, the lawyer helps them ask for relief or legal protection by defending their case in immigration court.
5. Services for Business Immigration
When employing foreign workers, they help businesses with labour certification, employment-based visas, and immigration law compliance.
7. Staying Current with Laws
Immigration laws are subject to frequent changes. Lawyers keep abreast of new laws, rulings, and policies that have an impact on their clients.
What to Consider When Choosing an Immigration Lawyer or Attorney
Things to Take Into Account While Selecting a Lawyer or Immigration Attorney
The outcome of your case may significantly change depending on the immigration lawyer you choose. The following are important items to watch out for:
1. Knowledge of immigration law
Verify if the attorney specializes in immigration matters. A lawyer who practices deportation defence, asylum, green card, or visa applications on a regular basis will be more familiar with the procedure and potential obstacles.
2. Appropriate Licensing
The lawyer must be in good standing with the bar organization and licensed to practice law in at least one state in the United States. Usually, you may check this on the state bar’s website.
3. A solid record
Inquire about their prior instances. Have they assisted others in comparable circumstances to yours? Your prospects may be improved by hiring a lawyer with a proven track record of success.
4. Unambiguous Communication
It should be easy for you to ask questions and comprehend the responses. A competent immigration lawyer keeps you informed about your case and breaks down complicated concepts into language you can understand.
5. Clear Fees
Inquire about the price up front. Make sure you know what services are covered by the fee and whether there will be additional costs down the road.
6. Accessibility and Reactivity
Pick a lawyer who can get back to you quickly and will return your calls or emails. Immigration case delays can be dangerous.
Conclusion
There is no real difference between an immigration attorney and an immigration lawyer—both terms refer to the same licensed legal professional qualified to handle immigration matters. Whether you’re applying for a visa, facing deportation, or seeking permanent residency, what truly matters is choosing someone with the right experience, credentials, and dedication to guide you through the process. By understanding the role of these professionals, you can make informed decisions and take confident steps toward achieving your immigration goals.
