North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .2600 - CERTIFICATION STANDARDS FOR THE IMMIGRATION LAW SPECIALTY › Section 01D .2605 - STANDARDS FOR CERTIFICATION AS A SPECIALIST IN IMMIGRATION LAW

Current through Register Vol. 39, No. 2, July 15, 2024
Each applicant for certification as a specialist in
					 immigration law shall meet the minimum standards set forth in Rule .1720 of
					 this subchapter. In addition, each applicant shall meet the following standards
					 for certification in immigration law:
(a) Licensure and Practice - An applicant
				  shall be licensed and in good standing to practice law in North Carolina as of
				  the date of application. An applicant shall continue to be licensed and in good
				  standing to practice law in North Carolina during the period of
				  certification.
(b) Substantial
				  Involvement - An applicant shall affirm to the board that the applicant has
				  experience through substantial involvement in the practice of immigration law.
(1) An applicant shall affirm that during the
				  five years immediately preceding the application, the applicant devoted an
				  average of at least 700 hours a year to the practice of immigration law, but
				  not less than 400 hours in any one year. Service as a law professor
				  concentrating in the teaching of immigration law for two semesters may be
				  substituted for one year of experience to meet the five-year
				  requirement.
(2) An applicant shall
				  show substantial involvement in immigration law for the required period by
				  providing such information as may be required by the board regarding the
				  applicant's participation in at least four of the seven categories of
				  activities listed below during the five years immediately preceding the date of
				  application. For the purposes of this section, "representation" means the entry
				  as the attorney of record and/or having primary responsibility of preparation
				  of the case for presentation before the appropriate adjudicatory agency or
				  tribunal.
(A) Family Immigration.
				  Representation of clients before the United States Citizenship and Immigration
				  Services (USCIS) or the State Department in family-based applications,
				  including the Violence Against Women Act (VAWA).
(B) Employment- Related Immigration.
				  Representation of employers or aliens before the U.S. Department of Labor
				  (DOL), USCIS, Immigration and Customs Enforcement (ICE)(including I-9 reviews
				  in anticipation of ICE audits), or the Department of State in
				  employment-related immigration matters and filings.
(C) Naturalization and Citizenship.
				  Representation of clients before USCIS in naturalization and citizenship
				  matters.
(D) Administrative
				  Hearings and Appeals. Representation of clients before immigration judges in
				  removal, bond redetermination, and other administrative matters; and the
				  representation of clients in appeals taken before the Board of Immigration
				  Appeals and the Attorney General, the Administrative Appeals Office, the Board
				  of Alien Labor Certification Appeals and DOL Commissioners, or the Office of
				  Special Counsel for Immigration Related Unfair Employment Practices
				  (OCAHO).
(E) Federal Litigation.
				  Representation of clients before Article III courts in habeas corpus petitions,
				  mandamus or Administrative Procedures Act complaints, criminal prosecution of
				  violations of immigration law, district court naturalization and
				  denaturalization proceedings, or petitions for review or certiorari.
(F) Asylum and Refugee Status. Representation
				  of clients before USCIS or immigration judges in applications for asylum,
				  withholding of removal, protection under the Convention Against Torture, or
				  adjustment of status for refugees or asylees.
(G) Applications for Temporary or
				  Humanitarian Protection. Representation of clients before USCIS, ICE,
				  immigration judges, or the Department of State in applications for Temporary
				  Protected Status, Deferred Action for Childhood Arrivals (DACA), Nicaraguan
				  Adjustment and Central American Relief Act (NACARA), parole in place,
				  humanitarian parole, deferred action, orders of supervision, U and T visas, or
				  other similar protections and benefits.