immigration attorney which bar exam should i take

by Prof. Destiny Swaniawski Sr. 10 min read

According to the BLS, most states give a 6-hour Multistate Bar Examination, which tests you on several areas of law. A multistate essay exam, an ethics exam and a multistate performance exam may also be required. There is no set path to becoming an immigration lawyer, but there are some resources you can utilize to help you on your journey.

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Can a foreign lawyer take the bar exam in the US?

Sep 15, 2016 · Generally, an attorney must only be licensed and in good standing in one state to practice U.S. federal immigration law anywhere in the world. For example, if one is admitted to the bar in State A, s/he doesn't need to be admitted to the bar in State B to practice federal immigration law. However, s/he must be very careful not to cross the line ...

Can an immigration lawyer practice anywhere in the US?

Mar 09, 2020 · 1 If you’re going to solely practice immigration law, it doesn’t matter which bar you join since it’s purely federal work. That being said, New York is a larger, more prestigious market, but DC is an enormous bar, as well.

What are the requirements to become an immigration lawyer?

You'll need to pass the bar exam to obtain licensure in the state where you intend to practice immigration law. According to the BLS, most states give a 6-hour Multistate Bar Examination, which tests you on several areas of law. A multistate essay exam, an ethics exam and a multistate performance exam may also be required. Step 5: Join an Immigration Lawyer …

Should I hire an immigration lawyer of my State Bar Association membership?

This exam is administered on a separate occasion from the regular bar exam. Taking the Bar as a Foreign-Trained Lawyer. Unfortunately, it can be extremely difficult for foreign-trained lawyers to sit the bar exam in the US. Completion of the LL.M. degree in itself does not guarantee eligibility to take the bar exam. Most states do require a J.D. degree for a US law school in order to sit for …

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How do I become an immigration lawyer in the US?

How to become an immigration lawyerEarn a bachelor's degree. Before attending law school, future lawyers first obtain a bachelor's degree. ... Obtain a J.D. ... Gain hands-on experience. ... Develop your skills. ... Earn certifications. ... Gather clients.Mar 8, 2021

Who can practice immigration law in the US?

Federal Agency Law Can Be Practiced Anywhere Once a lawyer has been licensed by the bar association of one or more states, and learned the basics of immigration law, the lawyer can set up practice wherever he or she chooses—in any U.S. state, or even in another country.

Can immigration lawyer speed up process?

An immigration lawyer cannot magically speed up your applications process once it has been submitted, however by hiring an immigration lawyer you can greatly decrease your chances of unnecessary delays caused by mistakes in your application.

How much do immigration lawyers make?

The salaries of Immigration Lawyers in the US range from $55,870 to $187,200 , with a median salary of $115,820 . The middle 60% of Immigration Lawyers makes between $115,820 and $120,480, with the top 80% making $187,200.

What are the two types of bar exams?

The two types of bar exams. There are two types of bar exams you may take: One is the Uniform Bar Exam (UBE). This bar exam is the same everywhere. So, for example, Illinois, New York, and New Jersey are examples of states that have adopted the UBE.

What to do if you have a job lined up?

If you have a job lined up, ask your firm which bar exam to take. They will likely have a strong opinion. This makes your decision easy. If you are not sure where you will work—for example, maybe you don’t have a job offer lined up—then consider where you want to live.

Do you have to know the law for the essay portion of the bar exam?

Most jurisdictions administer the same multiple-choice portion of the bar exam but come up with their own state-specific essays. States like California and Florida administer a state-specific bar exam. So, you will be expected to know state law for the essay portion of the bar exam.

Do you take the state bar exam if you only practice federal law?

If you only want to practice law at the federal level (e.g., immigration), then which state bar exam you take is a little less important. Some students take the “easiest” bar exam just so they can be licensed somewhere, and then they only practice federal law.

Do I have to take the bar exam if I practice in one state?

Lastly, note that many states have reciprocity rules where if you practice as an attorney, for say, five years, you don’t have to take the bar exam at all or you can take just a portion of the bar exam (i.e., the essays). So, if you choose to practice in one state, you are not necessarily stuck there forever.

Two Types of Bar Exams

Right now, all individuals exiting law school have the option to take either the Uniform Bar Exam (UBE) or the state bar exam.

The Difficulty of the Bar Exam across States

Some states are known for having an especially challenging exam. When considering which state is best for you to take the exam, two things may help sway your decision.

Reciprocity

Reciprocity is the act of transferring a bar exam score from one jurisdiction to another without needing to retake the test. For example, New York is a reciprocity state, which means anyone from Arkansas, Colorado, the District of Columbia, and many more states can practice in New York without retaking the exam.

State-by-State Pass Rate

Below you will find the overall pass rate for the July 2021 bar exam, provided by the National Conference of Bar Examinations. Use this table to help you decide which bar exam is right for you.

How Long Are Bar Exam Scores Valid?

Understanding how long your scores are valid across jurisdictions for the UBE is essential so that you do not try to use your scores only to find out they are no longer accepted. Scores may last anywhere from two to five years, depending on the jurisdiction.

What does an immigration lawyer do?

An immigration lawyer enables immigrants to live and work in the U.S. by helping them obtain a green card or visa, gain lawful permanent status, or be granted political asylum. According to Cornell Legal Information Institute, as an immigration lawyer you'll also defend illegal immigrants or help them become naturalized citizens ( www.law.cornell.edu ). Typical duties will likely include meeting with and interviewing clients, researching cases, writing motions and arguing cases in court. A bachelor's degree, a doctoral degree and a state-issued license to practice law are required to begin practicing as an immigration lawyer.

How long does it take to get a bar license?

You'll need to pass the bar exam to obtain licensure in the state where you intend to practice immigration law. According to the BLS, most states give a 6-hour Multi state Bar Examination, which tests you on several areas of law.

Do immigration lawyers work for the government?

They must keep themselves informed on new policies and legal changes, many of which come from the federal government. Immigration lawyers may work for a firm or set up their own practice. They may specialize in working with immigrants from a particular country or region so they are able to become experts.

How long is the bar exam?

The bar exam is taken in several parts over at least two days. Most states will dedicate one day to the Multistate Bar Examination, a multiple choice exam covering topics not specific to the law of any one state, such as Contracts, Torts, Property, Constitutional Law, and Evidence.

What is the process of becoming a lawyer?

Becoming a lawyer in the US is a complicated process, particularly for foreign nationals. One of the most important steps in the process is the bar exam. A bar examination is a test intended to determine whether or not a candidate is qualified to practice law in a specific jurisdiction.

What does it mean to pass the bar?

By passing the bar, you can demonstrate your understanding of US law —an impressive and difficult accomplishment. Finally, passing a state’s bar exam will allow you to practice law in that state as a fully admitted lawyer, offering better prospects than working as a law clerk or foreign legal consultant.

Which state is the most difficult for international students to get a degree?

For example, New York is popular among international students, while California is considered to be one of the more difficult states in which international students can obtain a qualification.

Can foreign lawyers sit for the bar in New York?

In New York, one of the jurisdictions most open to foreign lawyers, this would allow foreign lawyers to sit for the bar without being forced to complete any further law school study in the US. Fortunately for anyone taking the bar as a foreign lawyer, preparing for the bar exam is a typical—if daunting— challenge.

How long does it take to become an immigration lawyer?

All told, an aspiring immigration lawyer needs a total of seven years of full-time study after high school to obtain a Juris Doctor degree . He will also need a few more months to pass the bar exam and meet local bar association requirements. Those who pass the bar exam on their first try can be licensed as attorneys about seven and a half years after graduating from high school.

Do immigration lawyers take bar exams?

Most US law schools offer few if any courses in immigration law. Additionally, immigration law is ignored on my state bar exams and bar review courses. Because of this, and because few immigration cases are published, the typical immigration lawyer’s knowledge comes from hands-on practice experience. The lawyer may start his career in a junior position at an immigration law firm, work his way up, and perhaps even open his own law office.

Is immigration law politically sensitive?

Immigration law is one of the most politically sensitive areas of law, and it can change with astonishing rapidity. Changes in immigration law have proceeded at a dizzying pace during the Trump administration, for example. It is for this reason that when you select an immigration lawyer, you should choose a candidate with recent experience in ...

Is immigration law federal or state law?

Jurisdictional Freedom. Immigration law is federal law, not state law. As a consequence, obtaining a license to practice law in any state will entitle you to practice immigration law anywhere in the United States without taking the time to join that state’s bar association.

Can an immigration lawyer practice in any area of law?

Since the US does not offer separate licenses for different legal practice areas (with limited exceptions), an immigration lawyer is typically entitled to practice in any area of law, and many immigration lawyers do exactly that. Be wary of this type of “jack of all trades” lawyer. Immigration lawyers perform the following tasks, among others:

What is the legal requirement to represent you in immigration matters?

To represent you in immigration matters, the attorney must be a member of the bar of a U.S. state or possession, territory, commonwealth, or the District of Columbia). It just doesn't matter which state. The attorney must be in good standing with his or her state bar association; that is, not the subject of any disciplinary actions, ...

How many circuits are there in immigration?

Some differences in interpretation of U.S. immigration law exist between the various federal circuits. (The U.S. federal courts are divided into 13 "circuits," based on region; and many immigration matters can be appealed to those courts.) The immigration authorities must follow their local circuit court's interpretations.

Is immigration law federal?

Immigration law is federal, and is administered through a federal agency (the Department of Homeland Security or DHS ). Once a lawyer has been licensed by the bar association of one or more states, and learned the basics of immigration law, the lawyer can set up practice wherever he or she chooses—in any U.S. state, or even in another country.

Do immigration lawyers have to be a bar member?

If you will be asking the immigration lawyer to interpret how a state crime will be viewed under U.S. immigration laws, that attorney needs to be a bar member in the state where the crime and conviction took place. (A responsible immigration attorney will bring in another local attorney as a consultant in such a situation.)

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The Two Types of Bar Exams

  • There are two types of bar exams you may take: 1. One is the Uniform Bar Exam (UBE). This bar exam is the same everywhere. So, for example, Illinois, New York, and New Jersey are examples of states that have adopted the UBE. Regardless of whether you take the bar exam in Illinois, New York, or New Jersey, the bar exam will be the exact same. Note that these states have adopted t…
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Two Important Questions to Ask

  • The two most important questions to ask when considering which bar exam to take are: 1. (1) Where will I work? 2. (2) Where will I live? If you have a job lined up, ask your firm which bar exam to take. They will likely have a strong opinion. This makes your decision easy. If you are not sure where you will work—for example, maybe you don’t have a job offer lined up—then consider wher…
See more on jdadvising.com

A Note of Caution About The Ube

  • Some students decide to take the Uniform Bar Exam (UBE), without a real plan of where they will live or work. This is not a bad idea at all since most states have adopted the Uniform Bar Exam, so as long as some of those states sound appetizing to practice law in, then you should be all set! However, note that: (1) You will still have to apply to the state bar and meet all of their requireme…
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Practicing at The Federal Level

  • If you only want to practice law at the federal level (e.g., immigration), then which state bar exam you take is a little less important. Some students take the “easiest” bar exam just so they can be licensed somewhere, and then they only practice federal law. We recommend still considering where you want to work when choosing a bar exam in case you ever choose to switch fields or i…
See more on jdadvising.com

Twotypes of Bar Exams

  • Right now, all individuals exiting lawschool have the option to take either the Uniform Bar Exam (UBE) or the state barexam. The UBE is the same in all places wherethe UBE is an option. For Example, Maine, Pennsylvania, and Kentucky have all adoptedthe UBE and, as a result, have identical exams. The state bar exam is different because itcontains state-specific questions on …
See more on abaforlawstudents.com

The Difficulty of The Bar Exam Acrossstates

  • Some states are known for having anespecially challenging exam. When considering which state is best for you totake the exam, two things may help sway your decision. 1. Whattest does your state allow (UBE or State)? 2. Howlong are scores valid? For example, California, Arkansas,Washington, and Nevada have challenging exams. If you do not see yourselfliving in o…
See more on abaforlawstudents.com

Reciprocity

  • Reciprocityis the act of transferring a bar exam score from one jurisdiction to another without needing to retake the test. For example, New York is a reciprocity state, which means anyone from Arkansas, Colorado, the District of Columbia, and many more states can practice in New York without retaking the exam. The reciprocity process makes it easier for lawyers to move from on…
See more on abaforlawstudents.com

State-By-Statepass Rate

  • Below you will find the overall pass ratefor the July 2021 bar exam, provided by the National Conference of BarExaminations. Use this table to help you decide which bar exam is right foryou.
See more on abaforlawstudents.com

Howlong Are Bar Exam Scores valid?

  • Understanding how long your scores arevalid across jurisdictions for the UBE is essential so that you do not try to useyour scores only to find out they are no longer accepted. Scores may lastanywhere from two to five years, depending on the jurisdiction.
See more on abaforlawstudents.com