Finding Immigration Legal Advice
One of the most crucial decisions you will make as you seek immigration benefits is how you will obtain legal advice.
You probably have friends or relatives who are eager to share their personal advice, and you have probably also visited the U.S. Citizenship & Immigration Services (USCIS) website to try and understand how to begin. Before you go any further with your immigration plans, consider how an experienced immigration attorney can help resolve your concerns.
USCIS provides guidance on their website for finding legal advice,
including the following:
Finding Legal Advice
Know Your Rights
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If
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Then
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You are filing within the United States
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Attorneys and accredited representatives may communicate with USCIS on your
behalf and receive information from USCIS regarding your application or
petition.
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You are filing an application or petition at an office outside
the United States
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Attorneys and accredited representatives may communicate with USCIS on your
behalf and receive information from USCIS regarding your application or
petition. You may also be represented by an attorney admitted to the practice of
law in the country where you file the application or petition. An attorney
admitted to the practice of law in a country other than the United States must
ask the USCIS official to permit him or her to represent you.
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You need legal advice about an immigration matter but cannot afford to hire an
attorney
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You may be able to ask an attorney, an association of immigration lawyers, a
state bar association, or a specially-accredited organization about the
availability of free or reduced-cost legal services on immigration issues.
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Attorneys
Attorneys must be a member in good standing of the bar of a U.S. State (or U.S.
possession, territory, Commonwealth, or the District of Columbia) and not be
under any court order restricting their practice of law. Attorneys will check
the first block on Form G-28 and must provide information regarding their
admission to practice.
Only attorneys and accredited representatives may communicate on your behalf
regarding your application with USCIS.
In choosing an attorney, you should:
- Ensure that the attorney is a member in good standing of the “bar” of a U.S.
State (or possession, territory, Commonwealth or District of Columbia)
- Ensure that the attorney is not under any court order restricting their practice
of law
- Review the current attorney licensing document for the attorney and contact the
relevant State bar admission authorities to verify the information. See the
“American Bar Association – State Bar Associations” link to the right for a list
of state bar associations.
- Review the “List of Currently Disciplined Practitioners” in the link to the
right. This is where the Executive Office for Immigration Review lists if an
attorney has been expelled or suspended from practice before USCIS/DHS
- Review the “List of Previously Disciplined Practitioners” available from the
“List of Currently Disciplined Practitioners” page on the EOIR website
A lawfully admitted attorney should honor your request for this information, as
State Bar practice rules require disclosure of this information to clients.
Before you pay attorney fees for help with your immigration case, make sure that
the individual is a licensed attorney.
You should also review the lists of currently disciplined and previously
disciplined practitioners on the Executive Office for Immigration Review
website. These lists will help you to determine whether the attorney has been
expelled or suspended from practice before USCIS/DHS. To review these
lists, please see the links in the “External Links” section of this page.
Accredited Representatives
Accredited representatives must work for a Recognized Organization in order to
be eligible to represent you before USCIS and file a Form G-28. They may be
authorized to practice before the Immigration Courts, the Board of Immigration
Appeals (BIA) and/or USCIS.
If you choose to work with an accredited representative from a recognized
organization, you should:
- Check that they are authorized to practice before the Immigration Courts, the
Board of Immigration Appeals (BIA) and/or USCIS
- Ask to see a copy of the BIA decision granting official recognition
- Visit the “List of Currently Disciplined Practitioners” link to the right to
review lists of currently and previously disciplined practitioners on the EOIR
website to see if the accredited representative has been expelled or suspended
from practice before USCIS/DHS.
An accredited representative of a recognized organization should honor your
request for this information. Recognized organizations may only charge nominal
(inexpensive) fees, if any, for providing services in immigration matters.
Attorneys Outside the United States
An attorney outside the United States may represent you if your
application or petition is filed outside the United States. The attorney
must be licensed to practice law, be in good standing in a court of general
jurisdiction of the country in which he or she resides, and be engaged in such
practice. Additionally, the attorney must receive permission to represent you
from the USCIS official.
Notarios, Notary Publics and Immigration Consultants
Notarios, notary publics and immigration consultants may NOT represent you
before USCIS. For more information on what services a notario may or may
not provide, please see the “Don’t Be a Victim of Immigration Fraud” link to the
left side of this page.