When choosing an immigration lawyer, start with three things: whether the person is authorized to give legal advice, which state issued the license, and whether your case has a state-court or in-person component. U.S. immigration lawyers work within a federal system, and the basic rules for green cards, visas, naturalization and removal are the same nationwide, so a lawyer licensed in New York can usually represent clients who live in other states in federal immigration matters. But "can represent" does not mean everything can be done locally. The information below is current as of November 6, 2026.
What an Immigration Lawyer Does
An immigration lawyer's job is to assess, under federal immigration law, which path is open to you, what should be filed and where the risks are, and, when needed, to represent you before USCIS or the immigration court. Filling out forms is only a small part of it.
- Before filing: Review your status records, entries and exits, marriage history and criminal records, determine the applicable category, and identify possible problem areas first.
- Preparing materials: Prepare an evidence list, help organize personal statements and recommendation letters, and check the forms for inconsistencies.
- After filing: Analyze Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) and respond to the specific questions the officer raises.
- Interviews: Help the applicant prepare and, as the rules allow, attend with them.
- Immigration court: After receiving a Notice to Appear (NTA), file the response and applications for relief, appear in court and, if necessary, appeal.
Four Agencies, Each Responsible for One Part
- USCIS (Department of Homeland Security): Adjudicates green cards, work permits, naturalization and most applications, and conducts interviews at field offices around the country.
- Immigration court and Board of Immigration Appeals (Department of Justice, EOIR): Hear removal cases. This is a separate system from USCIS.
- Department of State: Handles visas outside the United States, including the National Visa Center (NVC) and U.S. embassies and consulates.
- Department of Labor: Handles PERM labor certification and the Labor Condition Application (LCA) for H-1B.
An employment-based case may pass through the Department of Labor, then USCIS, and then the Department of State or USCIS. Different members of the same family may also follow different routes, with some adjusting status inside the United States and others using consular processing.
Who May Give Immigration Legal Advice
Under federal regulations, an attorney is a person who is a member in good standing of the bar of any U.S. state, territory or the District of Columbia and is not suspended or restricted from practice. USCIS and the immigration courts accept representation on that definition; an attorney who appears in court must also complete electronic registration with EOIR. USCIS notes that, other than attorneys, the people who may give legal advice are "accredited representatives" who work for Department of Justice-recognized organizations.
A notary public in the United States may only witness signatures and administer oaths and has no authority to provide immigration legal services. Titles such as "immigration consultant," "document preparer" or "document service" do not mean the person is qualified to do so.
Three Limits on Practicing Across States
- State-court matters are not included. Divorce, child custody, guardianship and criminal cases are governed by state law. For example, the state-court order needed for SIJ must be handled by a lawyer licensed in that state.
- Count travel time when an attorney must attend. Beginning May 18, 2026, a representative who wishes to attend a USCIS field office interview or an asylum interview must appear in person and may not attend remotely, with only a few exceptions.
- The scope of the license should be made clear. A lawyer may not claim to handle local legal matters in a state where the lawyer is not licensed just because the lawyer handles federal immigration cases.
When You Should Talk to a Lawyer First
- You have an arrest, an overstay, a prior visa refusal or a prior removal.
- You received documents from the immigration court. If you receive a notice and do not appear, you may be ordered removed in your absence.
- Your marriage has changed and your green card or application depends on that marriage.
- You have been outside the United States for a long time and plan to naturalize or return. For naturalization requirements, see Naturalization N-400 Process.
- You are experiencing domestic violence and need to consider privacy and safety.
For a simple case without these issues, you can also start with one consultation and then decide whether to retain a lawyer.
How to Verify a Lawyer
- Write down the lawyer's full name and licensing state, and look them up in the public directory of that state's courts or bar association.
- Check the list of disciplined practitioners on the EOIR website.
- Ask for a written engagement agreement that states the scope of services and the fees.
- Confirm that the lawyer is registered as your representative on Form G-28 (USCIS) or Form EOIR-28 (immigration court).
- Read every form yourself before it is filed. You sign the documents, and you are responsible for what they say.
The case is decided by a USCIS officer or an immigration judge, and a lawyer cannot decide the result. Be cautious if someone promises approval or claims to have inside connections.
Questions You Can Ask When Choosing a Lawyer
- Which state is your license from?
- Does this case have a state-court component? Who will handle it?
- If there is an interview or hearing, who will attend? How are travel costs handled?
- How are documents exchanged between family in the U.S. and in China?
If Your Family Is in China
A spouse, parent or child applying for an immigrant visa from mainland China generally processes at the U.S. Consulate General in Guangzhou. The U.S. Embassy in China's website states that Guangzhou is the only consular post in China that handles immigrant visas. The Consulate General's instructions also state that, because waiting-area space is limited, neither sponsors nor attorneys may enter the waiting area or accompany the applicant to the interview. An attorney's work is mainly done before the interview: organizing the NVC materials, helping the applicant understand their case, and handling the next steps after a request for evidence or a refusal.
Contact us
Lu Xin Law Offices has offices in Flushing, New York (36-09 Main Street, Suite 5-D5) and West New York, New Jersey (14 65th St), and has no office anywhere else. Immigration is a federal matter, and representation of out-of-state clients is arranged under the applicable rules and the scope of the engagement. Our responsible attorney, Michael R. Curran, is licensed in New York and New Jersey, and we provide communication support in Chinese. To find out where to begin in your situation, call 347-618-3386, or see Immigration Legal Services.
FAQ
Can a notary or document preparer give immigration legal advice?
No. USCIS notes that a notary public in the United States may only witness signatures and administer oaths and has no authority to provide immigration legal services. Other than attorneys, the people who may give legal advice are "accredited representatives" who work for Department of Justice-recognized organizations.
Can a lawyer licensed in New York handle immigration cases in other states?
Green cards, visas, naturalization and removal fall under the federal system, so this is usually possible. But matters in state court must be handled by a lawyer licensed in that state, and you should agree in advance on who will attend an interview or hearing in person.
How do you verify a lawyer?
Write down the lawyer's full name and licensing state, look them up in the public directory of that state's courts or bar association, check the list of disciplined practitioners on the EOIR website, and ask for a written engagement agreement.
Sources: uscis.gov, uscis.gov, uscis.gov, law.cornell.edu, law.cornell.edu, law.cornell.edu, justice.gov, law.cornell.edu, justice.gov, justice.gov, china.usembassy-china.org.cn, travel.state.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.