Who can legally help with a US immigration case?

Do you need a representative?

No. USCIS says you do not need a representative to file forms with it, and you may file and represent yourself. If you choose a representative, USCIS does not provide or pay for one. Whether to hire help is your decision; the rules below are about who may act for you if you do.

Sources: USCIS, Legal Services: who can represent you

Who may represent you before USCIS

The Department of Homeland Security's rule on representation, 8 CFR 292.1, lists who may represent someone, and ends: "no other person or persons shall represent others in any case." USCIS summarizes the categories that may represent you before USCIS:

• An attorney who is a member in good standing of the bar of a US state, territory or the District of Columbia, is not disbarred or otherwise restricted in practicing law, and is eligible to practice law in the United States.
• A foreign attorney licensed and in good standing in the country where the matter is taking place, who lives and practices there. Foreign attorneys may represent people only in matters outside the United States, and only if the DHS official allows it.
• An accredited representative: a person accredited through the Department of Justice's Executive Office for Immigration Review and working for an organization on the Justice Department's list of recognized organizations.
• A law student or law graduate supervised by a licensed attorney or accredited representative. The supervisor files the representation form, and both the supervisor and the student or graduate sign it. The student or graduate must file a statement, a law student must be in a law school or non-profit legal aid program or clinic, the DHS official must permit the appearance, and the regulation requires the student or graduate to appear without payment from the person represented.

Sources: 8 CFR 292.1; USCIS, Legal Services: who can represent you

Other people who may appear with you

The regulation also allows, case by case, a reputable individual of good moral character who appears at your request, appears without payment and files a written declaration to that effect, has a pre-existing connection with you (such as a relative, neighbor, clergy member, business associate or friend; this may be waived where adequate representation would not otherwise be available) and has permission from the DHS official. That permission is not given to anyone who regularly engages in immigration practice or preparation, or holds themselves out as qualified to. An accredited official of your own government may also appear in an official capacity, with your consent.

USCIS says these other individuals cannot file Form G-28; their role is limited to appearing in person with you.

Sources: 8 CFR 292.1; USCIS, Legal Services: who can represent you

What counts as practice and preparation

8 CFR 1.2 defines representation before DHS to include "practice" and "preparation"; 8 CFR 292.1 limits who may represent others. "Practice" means appearing in a case, in person or through preparing or filing any document, application or petition on behalf of another person before DHS. "Preparation" that counts as practice means studying the facts of a case and the applicable law, together with giving advice and auxiliary activities, including the incidental preparation of papers.

The definition leaves out two things: the lawful functions of a notary public, and service consisting solely of help filling in blank spaces on printed DHS forms, by someone whose pay, if any, is nominal and who does not hold themselves out as qualified in legal matters or immigration procedure.

Sources: 8 CFR 1.2, definitions of practice and preparation; 8 CFR 292.1

What a representative can do

USCIS lists what an authorized representative may do, and says the list is not exhaustive:

• Advise you on which forms to file for an immigration benefit, and when.
• Advise on the correct documents and evidence to submit.
• Explain the immigration options you may have.
• Help you fill out USCIS forms.
• Receive certain correspondence for you, if they have a US business address.
• Accompany you to USCIS interviews and appointments, and communicate with USCIS about your case.

Sources: USCIS, Legal Services: who can represent you

Form G-28: how representation is recorded

An attorney or accredited representative files Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with the application, petition or appeal. A foreign attorney uses Form G-28I. You sign it too, to show USCIS you consent. USCIS generally sends information about the case to both you and the representative.

Under 8 CFR 292.4, the appearance must be signed by the petitioner, applicant or respondent to be recognized, and it lasts until the matter ends. A new form is needed for an appeal to the USCIS Administrative Appeals Office. Under 8 CFR 292.5, notices and filings go to or through the attorney or representative of record, or to you if you are unrepresented.

You can end or change representation at any time: send a written notice of termination or withdrawal (which may be done through a USCIS online account), have a new representative file a new G-28, or give USCIS a written statement that you have chosen to attend an interview without your representative.

Sources: USCIS, Legal Services: who can represent you; 8 CFR 292.4(a) and 292.5

Who signs your form

Representation does not mean someone else signs for you. On Form I-129, USCIS says it will not accept a typed name, or a signature by an attorney, representative or family member signing for the requestor; the forms must carry a valid signature as their instructions provide.

The State Department follows a similar approach for the online visa application, Form DS-160: a third party may help complete it but must be identified on the "Sign and Submit" page, and must instruct the applicant to sign the application themselves, unless the applicant is under 16 or physically unable to.

Sources: Form I-129 page: signature requirements; DS-160 Frequently Asked Questions: third-party help

Notarios and immigration scams

USCIS warns that some people and businesses pretend to be immigration experts or claim special connections to the government. It explains that "notarios" or "notario público" are attorneys with special credentials in some other countries, but that in the United States a notary public is not an attorney and cannot represent you in legal matters, including immigration cases.

Before hiring an attorney, USCIS suggests asking to see their current licensing document and checking with the state agency that licenses them. USCIS also points to the Justice Department's lists of accredited representatives, low-cost legal service providers and currently disciplined practitioners. USCIS encourages checking your state's rules on which services are allowed in your state.

Sources: USCIS, Legal Services: notarios; USCIS, Legal Services: who can represent you

At the port of entry

The right to representation in examinations under DHS rules does not extend to an applicant for admission in primary or secondary inspection at the border, unless the applicant has become the focus of a criminal investigation and has been taken into custody.

Sources: 8 CFR 292.4(a) and 292.5

Reporting misconduct

USCIS says complaints about misconduct by an immigration practitioner, including criminal, unethical or unprofessional conduct or frivolous behavior, can go to the jurisdiction where the attorney is licensed. Complaints about conduct in an immigration matter before DHS can also go to the DHS Disciplinary Counsel, for example on Form EOIR-44, using the contact details on the USCIS legal services page. Under 8 CFR 292.3, sanctions for practitioners range from censure to suspension or permanent expulsion from practice before DHS, the immigration courts and the Board of Immigration Appeals.

Sources: USCIS, Legal Services: who can represent you; 8 CFR 292.3(a)

Common problems

• Hiring a notario or "immigration consultant" who is not an attorney or accredited representative.
• Letting someone else sign your form. USCIS says it will reject or deny an improperly signed Form I-129.
• Paying someone who is not an attorney or accredited representative for legal advice, or more than a nominal fee for help filling in forms.
• Not knowing a representative is on file. USCIS sends case information to the representative of record as well as to you.

Sources: USCIS, Legal Services: notarios; Form I-129 page: signature requirements; USCIS, Legal Services: other representatives; 8 CFR 292.4(a) and 292.5

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