Immigration law refers to the area of law governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes inter-related.
People consult immigration lawyers when they need help in submitting an application for some types of immigration documents like a visa, green card, etc. There are certain scenarios in which only an immigration lawyer can assist immigrants, for example- if prior immigration application has been denied, if an applicant has been convicted of a crime, if the person has been previously deported or excluded from entry into the country., if an applicant has a medical condition preventing them from entering a foreign country, if an applicant is waiting an unusually long time during the application process, if the applicant is seeking a work-related visa, their employer is unwilling to help with immigration-related issues.
In this article, Team YLCC brings you all the information you need to know about becoming an immigration lawyer. Read on!
MAIN TASKS FOR AN IMMIGRATION LAWYER
- To perform legal work such as filing immigration paperwork and motions in front of the concern government authorities or court of law as applicable
- To meet clients looking for advice on immigration law, provide consultations and appearing in court as and when required
- To collect, research and analyse data such legal provisions and precedents as per the facts and circumstances of each case
- Advocating for clients in front of immigration judges or other government officials to help them obtain legal status in India
- Providing legal representation for individuals seeking asylum in India
- Providing adequate legal representation for individuals who are facing the threat of deportation or removal from Indian territory
- Reviewing clients’ records to identify any errors that may have occurred during previous applications or proceedings
- Providing advice to foreign clients on how to obtain a visa in India for business or pleasure purposes
SKILLS REQUIRED TO BECOME A SUCCESSFUL IMMIGRATION LAWYER
- Strong verbal and written communication skills– Like any other lawyer, an immigration lawyer constantly communicates to clients from dynamic backgrounds, government officials, employees, and employers from different parts of the world, etc. For this, one must possess an excellent command of their communication skills and must know how to draft these communications in a profound legal manner, but also with clarity and without legalese.
- Eye for detail– Immigration is one of the most sensitive areas of the law. To deal with it, an individual must have a keen eye for knowledge. They must know thoroughly about the legal procedures involved in various immigration compliances, the loopholes in the system that can be taken advantage of, deportation laws, citizenship laws, and many others. They must have the ability to pay attention to even minor details, or the consequences can be jarring.
- Judgments, rationality, and compassion – The combination of these three qualities is what makes an excellent immigration lawyer. An immigration lawyer must be compassionate and empathetic, and they are usually dealing with desperate people seeking shelter in a country or people on the verge of deportation. This means that an immigration lawyer needs to know how to deal with people in sensitive scenarios. At the same time, immigration law is linked to the prevention of terrorism, cross-border criminal activities, or even people seeking residence for reasons invalid to Indian law. An immigration lawyer must be empathetic towards people but at the same time should not be easily manipulated.
WHERE YOU CAN WORK AS AN IMMIGRATION LAWYER
- Law Firms: (Check last section)- There are several law firms in India which have dedicated immigration law practice and these teams are expanded from time to time to manage the increasing clientele and workload. Law firms look for candidates who are well-versed with the law, already possess the requisite skills and will be an asset to the team.
- Government Agencies: Government agencies involved in enforcing and implementing immigration matters hire lawyers who have specialised in this field from time to time. Such lawyers usually consult on matters where the agency or institution is looking for legal guidance or opinion on the matter concerned. In India, the Bureau of Immigration is the executive authority on all matters that concern immigration.
- As an immigration lawyer, you can also have an independent practice consulting with stakeholders from this field such as human rights organisations or non-profit actors.
- Many non-state actors such as Amnesty International, United Nations agencies and such have their in-house legal teams which also include immigration specialists and counsels.
BUILDING A SPECIALISATION
As a law student interested in a lawyer in Immigration law, it is important that you understand the in-depth nuances of the law and work to build a strong specialisation in the area. This can be done by:
- Pursuing Internships- Most law schools in India give dedicated internship breaks to students for building professional experience. These internships break must be utilised to the fullest extent and should be prepared for in advance. As a law student inclined towards Immigration law, make sure you shortlist where you wish to intern well in advance and apply accordingly. The internship will be a place for you to learn the practical aspects of customs law as well as to understand if this is what you would like to do in the long run.
- Doing Additional Courses- Law school curriculum is overly academic and does not impart a lot of practical knowledge. Although internships help, they are not enough. To be more proficient in the subject, you may choose to do certificate courses or distance diplomas from a reputed institution in immigration law.
- Publishing Research Papers- Taking the time and effort to write and publish a research paper on a topic is one of the most authoritative ways of establishing a specialisation in that field. Research papers usually requires weeks of consistent effort, going through quality research in order to write something that actually contributes to the field. Moreover, when you write research papers, once published the are available for the world to access and learn from.
- Writing blogs- Writing blogs also adds another value to your profile. As a law student, you may choose niche topics in the field of Immigration Law and write informative blogs on the same. However, care must be taken to ensure that such blogs must be published on a credible platform.
PROS OF BECOMING AN IMMIGRATION LAWYER
- As an immigration lawyer, you will be in a position to explore multiple employment areas and firms.
- The process of learning never stops for an immigration lawyer. They keep inculcating new skills and knowledge along the way.
- Immigration lawyers enjoy multiple perks and benefits including financial as well as emotional rewards as per their performance and work outcomes.
CONS OF BECOMING AN IMMIGRATION LAWYER
- One may have to work at odd hours and the overall work schedule may be for long hours and hectic.
- The job of an immigration lawyer is immensely stressful because one wrong step or mistake can determine the course of someone’s life
- Although it is a niche field of law, there is a lot of competition in immigration law.
- At the entry-level, the remuneration of an immigration lawyer is at the lower end of the spectrum compared to other fields of law. However, this might not be the case at leading law firms.
ACADEMIC RESOURCES FOR IMMIGRATION LAW
There are several leading textbooks in the market that can help you in your preparation for becoming an immigration lawyer. Some of these are:
- Immigration Law and Procedure in a Nutshell by David S. Weissbrodt
- Immigration Law by Kevin Browne
- Immigration Law Handbook by LexisNexis
- Citizenship and Emigration Law by Asia Law House
- Indian Immigration Law and Its Implications-Theory and Practice by Satyam Law International
LEADING IMMIGRATION LAW FIRMS IN INDIA
- India Law Offices LLP
- Gokare LPO Private Ltd.
- Davies and Associates LLC
- IMB Immigration Law
- SMA Legal
YLCC would like to thank its Content Team for their valuable insights in this article.
