American Immigration Lawyers Association Day of Action

An immigration lawyer in the United States helps people and organizations navigate complex federal immigration laws and procedures.

Their work can include applying for family or employment-based visas and green cards, representing clients in removal (deportation) proceedings, preparing asylum and humanitarian protection cases, advising employers on work authorization and compliance (such as Form I‑9 rules), and appealing agency or court decisions.

Because immigration law is mostly federal, attorneys often practice nationwide and must stay current with frequent legal and policy changes that affect clients’ rights and options.  

U.S. immigration law is often described as highly technical because it combines detailed statutes, extensive agency regulations, and shifting policy guidance from multiple federal departments.

Different government bodies handle different parts of the process, including the Department of Homeland Security, the Department of Justice, the Department of State, and the Department of Labor.

Frequent legal changes, backlogs, and numerical limits on certain visas create additional layers of complexity, so two people with similar life situations may face very different options and timelines.  

People are placed in immigration court when the Department of Homeland Security alleges they are removable from the United States, for example because they entered without authorization, overstayed a visa, or violated certain criminal or immigration laws.

Immigration courts, which are part of the Executive Office for Immigration Review in the Department of Justice, decide whether the person can remain in the country or must be removed.

During proceedings, noncitizens can apply for relief such as asylum, cancellation of removal, or certain waivers, and they may be represented by counsel at their own expense.

The immigration judge’s decision can often be appealed to the Board of Immigration Appeals and, in some cases, to federal courts.  

Unlike in criminal cases, people in U.S. immigration court generally do not have a right to a government-appointed attorney, even though the consequences can be severe.

The law provides a right to be represented by counsel at no expense to the government, which means noncitizens must hire an attorney or seek help from nonprofit legal service providers or pro bono programs.

Studies have shown that immigrants with legal representation are significantly more likely to appear for court hearings and to succeed in their cases than those who represent themselves.  

Congress writes the main immigration laws, such as the Immigration and Nationality Act, which establish categories of visas, eligibility criteria, and grounds of inadmissibility and deportability.

The executive branch then implements these laws through federal agencies that write regulations, issue policy memoranda, and make case-by-case decisions.

These include U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, Customs and Border Protection, and the Department of State’s consular officers abroad.

Federal courts also shape immigration policy by interpreting statutes and reviewing agency actions. Advocacy groups and professional associations contribute by providing data, legal analysis, and recommendations to lawmakers and agencies.  

Backlogs arise when the number of applications or cases exceeds the system’s capacity to process them under current laws and resources.

Some delays are caused by strict annual limits on certain visa categories that have not kept pace with demand, which creates multi‑year or even decades‑long queues in family and employment‑based immigration.

Other backlogs result from funding and staffing constraints in immigration courts and adjudicating agencies, as well as security checks and changing policy priorities.

These delays can affect family unity, workforce planning, and the stability of people’s lives while their cases remain pending.  

A common misconception is that everyone who wants to come to the United States can simply “get in line” and eventually qualify for a visa if they wait long enough.

In reality, many people have no qualifying family or employer sponsor, and U.S. law provides few paths for low‑wage workers or people seeking better economic opportunities alone.

Even when a person is eligible, strict numerical caps and per‑country limits can create extremely long waits, and some categories are effectively closed for new applicants.

As a result, the idea of a single, fair, and accessible “line” does not reflect how the system actually operates.