AN INSIDER’S PERSPECTIVE ON WHAT MAKES BEING AN IMMIGRATION LAWYER CHALLENGING AND UNPREDICTABLE.

A real look inside the role of an immigration lawyer

Contributor

Nadine

Reading time

3 mins read

Date published

Dec 3, 2024

Immigration law might seem like a clear-cut field where rules are applied uniformly, but the reality is far more complex. To get an insider’s perspective on what makes this job both challenging and unpredictable, I spoke with José Carlos de Wit, an experienced attorney working in US immigration services since 2014 and practicing law for longer.

A game of chance: The role of human bias

Even the most airtight immigration case can face unexpected hurdles. According to José: "The perfect candidate with the perfect case can get the wrong officer and get the wrong outcome."

He highlights that success of a US green card or visa isn’t solely about meeting the requirements. The adjudication process introduces an element of unpredictability. "You might do an excellent job, but the other part of a case's success is just who is reviewing it. Human bias does exist, and sometimes adjudicators struggle to keep up with policy changes."

Policy updates, varying interpretations, and individual discretion can all influence the outcome of a case. What else makes working in US immigration services more challenging?

The relentless pace of immigration law

Immigration law evolves rapidly, often leaving little time for attorneys, applicants, or even adjudicators to catch up. What was true six months ago might no longer apply, making it critical for immigration lawyers to stay ahead of the curve.

On the other hand… José puts it bluntly: "Immigration works in dog years." The processes move slower than we all hope and expect, so you can never start planning for a green card or visa process too soon.

Immigration in the US isn’t governed by one central body. Instead, multiple agencies with distinct roles and often conflicting approaches manage the process of US green cards and visa. "There are three large agencies dealing with immigration in the US—DOS, DHS, and DOL—which in turn are subdivided into sub-agencies including USCIS, ICE, and CBP. They all have their own rulebook, and they change without warning,” says José. This fragmentation can result in confusion and frustration for applicants and attorneys alike.

Equally concerned with this complexity, Tukki faced this issue head-on, creating technology to ease the job of the immigration lawyer as well as visa hopefuls. Read more about those US visa services here, if you’re curious.

Unlike other areas of law with comprehensive codes, José sees immigration law as a large tangle, with legislation, guidelines, and administrative interpretations in multiple places.

"There’s no 'Bible' for immigration law—there's a patchwork of acts, manuals, and memos that may or may not apply depending on the officer and the day." This lack of consistency means immigration lawyers must navigate each case with precision, creativity, and adaptability, and of course keep some Tylenol on hand for the headaches!

Behind the scenes of visa applicant advocacy

For immigration lawyers, the work of US green card and visa applications isn’t just about filing forms or attending interviews. It’s about staying resilient in the face of uncertainty and working hard for clients who may feel the system is stacked against them.

José’s insights reveal the human side of immigration law: a field where success depends not just on knowledge but on persistence and the ability to adapt to an ever-changing landscape.

For those seeking US immigration services, I hope this behind-the-scenes look serves as a reminder to choose representation that understands the system's complexities and advocates fiercely on your behalf.

To outsource the red tape to a combination of expert attorneys and advanced tech, get in touch with our team.

WE CAN HELP

Need more clarity?

Find quick answers to frequent visa questions from our legal experts

Which athlete visa leads to a green card?

The O-1A lines up with a green card more directly than the P-1. Its extraordinary-ability standard overlaps with the EB-1A green card, so O-1A athletes and coaches often build a parallel EB-1A case on much of the same evidence, and the EB-1A allows self-petitioning.

The P-1A does not map onto EB-1A the same way, so a P-1 athlete aiming for permanent residence usually takes a different or later route.

What is the Kazarian two-step analysis?

The Kazarian two-step analysis comes from Kazarian v. USCIS. Step one asks whether you meet at least three of the ten regulatory criteria, or hold a qualifying major award, judged item by item against the plain language of each criterion. Step two, the final merits determination, weighs all of the evidence together to decide whether it shows the required level of acclaim.

The decision separated the counting step from the weighing step so that extra requirements are not loaded into the individual criteria.

What if my receipt number isn't recognized?

If the receipt number returns "No Case Match" or a similar error, double-check that you entered all 13 characters with no spaces and no dashes. If the format looks right and the case still doesn't pull up, the case may not yet be fully entered into the public-facing database (which can take a few days after USCIS accepts the filing).

If you've waited at least two weeks past the date USCIS accepted your filing and the number still doesn't work, call the USCIS Contact Center at 1-800-375-5283 to verify the receipt number.

Can I change employers on an O-1A visa?

Yes, but your new employer must file a new Form I-129 petition with USCIS before you start working for them. You can't simply switch jobs the way you might as a lawful permanent resident.

If you were sponsored through a U.S. agent, you may have more flexibility since the agent structure is designed to allow work with multiple entities.

Other blogs for every step of your visa journey

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