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

Is there premium processing for Form I-485?

No. USCIS doesn't offer premium processing for adjustment of status, so I-485 timelines after an RFE response depend entirely on regular adjudication queues at your service center.

Typical ranges run 3 to 6 months, but individual cases can take longer.

Do L-1A and H-1B time count against each other?

Yes. Time spent in H and L nonimmigrant visa status counts toward the maximum stay for both categories.

If you've used four years on an H-1B and switch to an L-1A, you'll have three years remaining on the L-1A's seven-year maximum, not a fresh seven years.

This combined-time rule makes early green card planning essential for any foreign national on either visa.

Can an employee pay their own sponsorship fees?

For the H-1B, certain fees must legally be paid by the employer and can't be passed to the employee, so the answer there is no for those specific charges. Other costs, like premium processing in some situations, can sometimes be paid by the worker when the request primarily benefits them.

Because the rules vary by fee and visa type, confirm each one before arranging payment.

Does an approved I-140 mean I have a green card?

No. An approved I-140 confirms that you meet the qualifications for your employment-based category, but it does not grant permanent residence.

You still need to file Form I-485 for adjustment of status if you're in the U.S., or complete consular processing if you're abroad once your priority date becomes current.

The I-140 approval establishes your place in line.

Which visa offers a better path to a green card?

The L-1A offers a clearer path to permanent residence because of its dual intent status and direct EB-1C green card category.

The E-2 allows indefinite renewals but has no built-in route to a green card.

Business owners who want to stay in the U.S. permanently often find the L-1A more strategically valuable for their immigration process.

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