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Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT II § VII. Immigration and Nationality Law

Current as of January 01, 2024 | Updated by Findlaw Staff

A. DEFINITION. Immigration and nationality law is the practice of law dealing with the Immigration and Nationality Act of 1952, as amended, and all successor and other laws and regulations dealing with immigration and naturalization. The practice includes, by way of definition and not limitation,

• all aspects of securing an immigrant or non-immigrant visa or other documentation to enter the United States, including all petitions and applications filed with the U. S. Department of State, the U. S. Department of Labor, the U. S. Department of Justice, the U. S. Department of Homeland Security, and the U. S. Public Health Service;

• naturalization proceedings;

• citizenship proceedings;

• asylum applications;

• removal proceedings and related applications for relief;

• bond and custody proceedings;

• rescission proceedings;

• registry proceedings;

• administrative proceedings not listed above relating to immigration and nationality law before government agencies of competent jurisdiction;

• all administrative and judicial review of the above; and

• original proceedings in immigration matters before judicial courts.

B. SUBSTANTIAL INVOLVEMENT. Applicant must show substantial involvement and special competence in immigration and nationality law practice by providing such information as may be required by TBLS.

1. Certification.

a. Percentage of Practice Requirement. Applicant must have devoted a minimum of 25% of his or her time practicing immigration and nationality law during each year of the 3 years immediately preceding application as defined in Section VII, A of the Specific Area Requirements for Immigration and Nationality Law.

b. Task Requirements. Applicant must provide information as required by TBLS concerning specific tasks he or she has performed in immigration and nationality law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by applicant.

(1) Applicant must exhibit substantial involvement and special competence in each of the following immigration and nationality law matters participated in within the 3 years immediately preceding application.

(a) Administrative Hearings. Representation of clients in at least 9 contested hearings before immigration judges involving removal or bond determination, with no more than 3 having involved only bond matters.

(b) Petitions and Applications. Representation of clients before the U.S. Department of Homeland Security and/or the U.S. Department of State in the preparation and filing of petitions and applications. A minimum of 10 petitions or applications must have been filed, at least 3 of which must have been employment based petitions.

(c) Citizenship/Naturalization. Representation of clients before the U.S. Department of Homeland Security, U.S. Department of State, and/or judicial courts in citizenship, naturalization, and/or renunciation or revocation matters.

(2) In addition to meeting Section VII, B, 1, b, (1), (a-c) above, applicant must meet two of the following categories within the 3 years immediately preceding application.

(a) Alien Labor Certifications. Representation of employers and/or aliens before the various state employment services, U.S. Department of Labor, and U.S. Department of Homeland Security in preparation and filing of alien labor certification cases.

(b) Administrative Appeals and Advisory Opinions. Representation of clients in appeals and/or proceedings before the Board of Immigration Appeals, Administrative Appeals Office, Board of Alien Labor Certification Appeals, the U.S. Department of State Advisory Opinions office, or other administrative appellate entities with competent jurisdiction over matters related to immigration and nationality law.

(c) Review in Judicial Courts. Representation of clients in judicial matters relating to immigration and nationality law such as applications for writs of habeas corpus, mandamus, declaratory judgments, criminal matters involving the immigration law, petitions for review in judicial courts, and ancillary proceedings in judicial courts.

(d) Employer Sanctions. Representation of clients in administrative proceedings relating to employer sanction, employment discrimination, and/or document fraud matters under the Immigration Nationality Act.

(e) Deferred Inspections, Expedited Removal, Humanitarian Parole, Documentary Waiver Requests, Deferred Action Requests, Private Bills, I-9 and LCA related Audits and Proceedings, Immigration Related Database Corrections, or other administrative proceedings not listed relating to immigration and nationality matters before governmental agencies of competent jurisdiction. Representation of clients in these types of matters.

2. Recertification. Applicant must have devoted a minimum of 25% of his or her time practicing immigration and nationality law during each year of the 5 year period of certification as defined in Section VII, A of the Specific Area Requirements for Immigration and Nationality Law except as provided for in Part I-General Requirements, Section VI, C,1(b).

C. REFERENCE REQUIREMENTS. Applicant must submit a minimum of 5 names and addresses of persons to be contacted as references to attest to his or her competence in immigration and nationality law. These persons must be substantially involved in immigration and nationality law, and be familiar with applicant's immigration and nationality law practice.

1. Certification. Applicant must submit names of persons with whom he or she has had dealings involving immigration and nationality law matters within the 3 years immediately preceding application.

2. Recertification. Applicant must submit names of persons with whom he or she has had dealings involving immigration and nationality law matters since certification or the most recent recertification.

3. Reference Types. Applicant must submit the following types of references:

a. Three attorneys who are substantially involved in immigration and nationality law.

b. One of the following:

(1) An attorney with or against whom applicant has tried an immigration and nationality law matter, or

(2) An attorney from a U.S. Department of State consular office, or

(3) A U.S. Department of Homeland Security officer whom has adjudicated a matter by applicant and reviewed and/or made a decision on applicant's filing.

c. One of the following judges as described below:

(1) One judge of any court of record before whom applicant has appeared as an advocate in an immigration and nationality law case, or

(2) An immigration judge before whom applicant has appeared in an administrative hearing.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R STAND ATTY CERT PT II § VII. Immigration and Nationality Law - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtra-sect-vii-nr2/

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