Can I Hire an Immigration Lawyer Who Is Not in My State Bar?

Your attorney needs to be licensed by a state bar association, but not necessarily the local state bar association.

By , J.D.
Need Immigration Help? We've helped 85 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

When hiring an attorney to represent you in immigration law matters, the usual advice about making sure that person is a member in good standing of your state bar association does not apply—at least, not with respect to the word "your."

Federal Agency Law Can Be Practiced Anywhere

Immigration law is federal, and is administered through a federal agency (the Department of Homeland Security or DHS). Once a lawyer has been licensed by the bar association of one or more states, and learned the basics of immigration law, the lawyer can set up practice wherever he or she chooses—in any U.S. state, or even in another country.

U.S. immigration authorities recognize this fact, and regardless of which U.S. state the office or immigration court the immigrant applicant will be interacting with is located, accept representation by lawyers who are members of the bar in different states. Many attorneys end up practicing far from the state where they were originally licensed. And even if they remain in the same state, they may accept clients from other states or countries.

Choose an Attorney With Experience in Federal Circuit Relevant to Your Case

Some differences in interpretation of U.S. immigration law exist between the various federal circuits. (The U.S. federal courts are divided into 13 "circuits," based on region; and many immigration matters can be appealed to those courts.) The immigration authorities must follow their local circuit court's interpretations.

This can affect both everyday administrative matters as well as issues that come up in deportation or removal proceedings. Therefore, it can be helpful to hire a lawyer who has been practicing for some years in the area where your immigration case will be decided upon.

If State Criminal Charges Are Involved, Choose an Attorney With Bar Membership in That State

If you will be asking the immigration lawyer to interpret how a state crime will be viewed under U.S. immigration laws, that attorney needs to be a bar member in the state where the crime and conviction took place. (A responsible immigration attorney will bring in another local attorney as a consultant in such a situation.)

Other Considerations When Choosing an Immigration Attorney

Here are some other things to bear in mind when hiring an immigration lawyer:

  • The attorney must be a member of SOME state bar association. Do not make the mistake that some do of believing that bar membership is not necessary for an immigration attorney. To represent you in immigration matters, the attorney must be a member of the bar of a U.S. state or possession, territory, commonwealth, or the District of Columbia). It just doesn't matter which state.
  • The attorney must be in good standing with his or her state bar association; that is, not the subject of any disciplinary actions, and not under any court order restricting his or her practice of law.
  • The attorney must be an attorney. That might sound obvious, but people such as "notarios," immigration consultants, paralegals, document preparers, volunteers at community associations, and so forth are not authorized to analyze your case or act on your behalf unless under the direct supervision of an attorney. Even if they have your best interests at heart, immigration law is insanely complicated, and trusting your case to a non-expert can lead to disaster.

And of course, for convenience sake, you probably want to hire an attorney who is practicing in the area where you will be attending your immigration interviews or hearings, so that you can have your attorney present without paying for plane tickets!

NEED IMMIGRATION HELP ?
Talk to an Immigration attorney.
We've helped 85 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you