Each type of case has its own complexities. For business investment cases, the biggest challenge is ensuring compliance with the strict documentation requirements. For example, EB-5 investor visa applicants must provide extensive proof that their investment funds are lawful and that their business will create a specific number of jobs. The process can be overwhelming, especially for international clients unfamiliar with U.S. regulations. My approach is to break it down step-by-step, guiding clients through everything from assembling the necessary evidence to meeting deadlines.

Asylum cases, on the other hand, are intensely personal and emotionally charged. These clients are fleeing persecution and often carry the trauma of their experiences. The challenge here is building a compelling case that demonstrates the validity of their fears while adhering to the legal definitions of persecution. This often requires working with country condition experts, gathering detailed affidavits, and ensuring the client feels supported throughout the process.

In both types of cases, success requires meticulous preparation and a deep understanding of the law. My team and I work to ensure every client feels empowered, whether they’re a business investor or an individual seeking safety in the U.S.

Litigation is a critical aspect of my practice because it allows us to challenge decisions that are unjust or incorrect. While much of immigration law happens in an administrative setting—such as filing petitions with USCIS or attending interviews—litigation takes the fight to the courts. This is especially important in cases where an application has been wrongfully denied or where clients face removal from the U.S.

The courtroom is a completely different environment from administrative proceedings. It’s adversarial, requiring a strategic approach to presenting evidence and making legal arguments. For example, in federal appellate cases, we often challenge decisions based on procedural errors or misinterpretations of the law. These cases are high stakes, as they often determine whether a client can remain in the U.S.

What I enjoy about litigation is the opportunity to shape the interpretation of immigration laws. While it’s challenging, it’s also incredibly rewarding to secure a favorable outcome that not only helps a client but can set a precedent for others facing similar issues. Litigation is where law meets advocacy, and it’s a powerful tool for justice.

Serving as Chair of the Immigration Law Committee has been both an honor and a learning experience. It’s given me a broader perspective on the challenges that attorneys and clients face within the immigration system. One of the most significant benefits of this role is the opportunity to collaborate with other immigration attorneys and share insights about emerging trends, case law, and best practices.

The committee also allows me to advocate for systemic change. For instance, we work on addressing inefficiencies in the immigration courts and providing feedback on proposed regulations that could impact our clients. This work complements my practice by keeping me at the forefront of policy developments and helping me anticipate how changes will affect my clients.

Another important aspect of this role is education. Whether it’s organizing seminars for other attorneys or speaking to business groups, I see it as an opportunity to demystify immigration law and promote a better understanding of its complexities. My work on the committee reinforces my commitment to serving my clients with the most current and comprehensive knowledge available.

Family-based and employment-based immigration cases serve different purposes, but they both share the complexity and high stakes of U.S. immigration law. Family-based cases are deeply personal and often involve reuniting loved ones who may have been separated for years. These cases require an emotional understanding, as clients are often dealing with the stress of long waits and uncertainty. Challenges can include demonstrating the legitimacy of relationships or navigating visa backlogs that can delay reunification by months or even years.

On the other hand, employment-based immigration focuses on connecting businesses with global talent. These cases involve navigating complex requirements for work visas, such as H-1B, L-1, or O visas, or employment-based green cards. For instance, companies must prove that hiring a foreign worker won’t negatively impact the U.S. job market, which requires extensive documentation.

The key to managing these cases is understanding the unique goals and challenges of each. For family cases, empathy and clear communication are critical. For employment cases, precision and strategic planning are essential. In both scenarios, my job is to make a seemingly impossible system work for my clients, ensuring their goals are met efficiently and effectively.

The politicization of immigration law has created significant challenges for both attorneys and clients. Policy changes often occur rapidly, sometimes with little warning, which can lead to confusion and uncertainty. For example, shifts in enforcement priorities or new restrictions on visa categories can disrupt cases that were progressing smoothly. Clients often feel anxious about how these changes might affect their ability to work, live, or reunite with their families in the U.S.

In my practice, staying informed and adaptable is critical. I make it a priority to closely monitor policy developments and adjust strategies accordingly. For instance, during periods of heightened enforcement, I focus on ensuring my clients’ documentation is impeccable and that they fully understand their rights.

Politicization also reinforces the importance of advocacy. As an immigration attorney, I don’t just navigate laws - I challenge policies that unjustly harm my clients. Whether it’s through litigation or working with professional organizations like the American Immigration Lawyers Association, I’m committed to pushing for fair and sensible immigration reforms. While the political climate adds complexity, it also underscores the vital role of attorneys in protecting the rights of immigrants.

Litigating immigration cases in federal courts requires a meticulous and strategic approach. These cases often involve clients who have exhausted administrative remedies and are fighting to remain in the U.S. or to overturn unjust decisions. The stakes couldn’t be higher, which is why preparation is key.

The first step is conducting a thorough review of the case record to identify legal errors or procedural flaws in the initial decision. This often includes examining whether the agency misapplied the law, failed to consider critical evidence, or violated due process. From there, we craft a compelling argument supported by legal precedent, evidence, and expert testimonies where necessary.

I also make it a point to humanize each case. Judges respond not only to legal arguments but also to the real-life impact of their decisions. For example, in a recent case involving a client facing deportation, we highlighted their significant contributions to their community and the hardship their removal would impose on their family.

High-stakes litigation is never easy, but it’s incredibly rewarding to achieve positive outcomes that change lives. It’s about turning obstacles into opportunities for justice, and that’s what motivates me in every case.

• Mitchell Zwaik sees every immigration case as a story of perseverance, using his expertise to turn complex laws into opportunities for clients to build brighter futures.
• He balances the personal and professional challenges of cases, from guiding investors through intricate documentation to supporting asylum seekers with compassion and meticulous preparation.
• Mitchell’s passion for litigation allows him to challenge unjust decisions, shaping immigration law while securing life-changing outcomes for his clients.