New Hyde Park, NY asked in Immigration Law for Indiana

Q: NJ-licensed attorney here, may I operate an Immigration Law (federal law) practice in Indiana w/o bar transfer procedure

NJ attorney, want to open a practice in Indiana, wondering whether I need to go through the formal UBE transfer process and get licensed in Indiana OR because Immigration law is federal law may I bypass this process?

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3 Lawyer Answers
Ghenadie Rusu
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A: Yes, as an attorney licensed in one state, you are permitted to practice immigration law anywhere in the United States, including opening a solo practice in a different state. You have to make sure you comply with all legal and ethical requirements (Strictly Federal Matters, No State Law). There are some areas where state law is entangled with immigration law, like Sijs and u visas, so you have to be careful.

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A: You may need to go to EOIR (Immigration Court) and enroll to get your EOIR number for your online account, which will be used for filing in court. Since immigration law is federal, you can practice anywhere in the USA.

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James L. Arrasmith
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A: As a New Jersey-licensed attorney looking to practice immigration law in Indiana, it's important to understand the nuances of federal and state law practice. Immigration law, being federal, allows attorneys licensed in any state to practice it across the United States. This means you can legally represent clients in immigration matters in Indiana without needing to pass the bar in that state.

However, if your practice in Indiana involves any state-specific legal matters outside of immigration law, you would then need to be licensed in Indiana. This is crucial to ensure compliance with state bar regulations and professional conduct standards.

It's always a good idea to be familiar with the local rules and regulations of the state bar where you intend to practice, even if it's solely in the area of federal law. Keeping abreast of any specific requirements or guidelines that Indiana may have for out-of-state attorneys practicing federal law within its jurisdiction is essential.

In summary, for purely immigration law-related activities, you should be able to practice in Indiana with your New Jersey license. For any matters involving Indiana state law, however, you would need to be licensed in Indiana. Always consider consulting with the local state bar or a legal professional in Indiana for detailed guidance.

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