Immigration Law Board Certification by the North Carolina State Bar

Attorneys who apply for board certification in the specialty field of immigration law must meet certain standards including a showing of substantial involvement through a certain amount of time spent in the specialty area.

A certain portion of that substantial involvement can be met through service as a law professor concentrating in the teaching of immigration law.

Substantial involvement could also involve a showing that the attorney has participated in certain categories of activities including:

• Family Immigration defined as the "representation of clients before the U.S. Immigration and Naturalization Service and the State Department in the filing of petitions and applications."
• Employment Related Immigration defined as the "representation of employers and/or aliens before at least one of the following: the N.C. Employment Security Commission, U.S. Department of Labor, U.S. Immigration and Naturalization Service, U.S. Department of State or U.S. Information Agency."
• Naturalization defined as the "representation of clients before the U.S. Immigration and Naturalization Service and judicial courts in naturalization matters."
• Administrative Hearings and Appeals defined as the "representation of clients before Immigration Judges in deportation, exclusion, bond redetermination, and other administrative matters; and the representation of clients in appeals taken before the:
• Board of Immigration Appeals,
• Administrative Appeals Unit,
• Board of Alien Labor Certification Appeals,
• Regional Commissioners,
• Commissioner,
• Attorney General,
• Department of State Board of Appellate Review, and
• Office of Special Counsel for Immigration Related Unfair Employment Practices (OCAHO)."
• Administrative Proceedings and Review in Judicial Courts defined as the "representation of clients in judicial matters such as applications for habeas corpus, mandamus and declaratory judgments; criminal matters involving the immigration law; petitions for review in judicial courts; and ancillary proceedings in judicial courts."
• Asylum and Refugee Status Matters
• Employer Verification, Sanctions, Document Fraud, Bond and Custody, Rescission, Registry, and Fine Proceedings Matters

The attorney in North Carolina seeking board certification in immigration law must also show completion of certain number and type of Continuing Legal Education (CLE) credits in immigration law and related areas such as trial advocacy, evidence, taxation, federal administrative procedure, employment law, family law, and criminal law and procedure.

The attorney must submit to peer review by other lawyers or judges familiar with the attorney's practice and qualifications in immigration law cases. Finally, the attorney must submit to a written examination testing the attorney's knowledge in immigration law matters.

The original period of certification in immigration law will last for five years. The attorney must then apply for continued certification by showing a certain number and type of continuing legal education (CLE) credits, peer review, and a continued showing of substantial involvement.