Keith Mack
Immigration law is a complex and important area of legal practice. Only certain individuals are authorized to practice immigration law and represent clients before the Executive Office for Immigration Review (EOIR) and immigration courts. Licensed attorneys who are members in good standing of their state bar and accredited representatives are generally authorized to practice immigration law. However, unauthorized practitioners, often referred to as notarios, pose a significant risk to immigrants seeking legal advice or representation. These individuals may lack the necessary skills, resources, training, knowledge, credentials, and authority to competently handle immigration matters, potentially causing harm to their clients. To become a regulated immigration adviser, individuals must demonstrate their competence and knowledge to the relevant authorities, such as the Immigration Advice Authority (IAA) in the UK or the state bar association in the US.
| Characteristics | Values |
|---|---|
| Country | United States |
| Who can practice immigration law? | Attorneys who are members "in good standing" of the bar of the highest court of any state, the District of Columbia (D.C.), a U.S. possession, territory, or commonwealth |
| Who can't practice immigration law? | Notaries, document preparers, immigration consultants, and travel agents |
| Who can be exempt from practicing immigration law? | Organizations operating in line with the Secretary of State's three exemptions |
| Who can be considered 'fit' to provide immigration advice and/or services? | Individuals or organizations that can demonstrate to the Immigration Services Commissioner that they are likely to comply with the IAA's regulatory scheme |
| Who can be considered competent to provide immigration advice or services? | Individuals or organizations that can demonstrate to the commissioner that they have the necessary knowledge and skills to meet the needs of clients seeking immigration advice or services at a specified advice level and category |
| How to determine if an attorney is eligible to practice immigration law? | Ask to view a copy of the attorney's bar card or license, or contact the state bar association |
| How to determine if an accredited representative is eligible to practice immigration law? | Consult the accredited representative roster, managed by the Office of Legal Access Programs (OLAP) |
| How to file a complaint against someone who is not authorized to practice immigration law? | File a complaint with local, state, or federal authorities, including disciplinary and regulatory agencies, UPL committees, state licensing offices, the Executive Office for Immigration Review, the U.S. Citizenship and Immigration Services, and the Federal Trade Commission |
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What You'll Learn
Licensed attorneys
To determine if an attorney meets this criterion, a non-citizen can ask to view a copy of the attorney's bar card or license and contact the state bar association to confirm their admission status. Many state bar associations have an online portal for verifying a lawyer's admission status.
To avoid the unauthorized practice of immigration law, individuals seeking immigration advice should be cautious and verify that their representative is a licensed attorney or an accredited representative of an EOIR-recognized organization. They can do this by asking to see a copy of the attorney's bar card or license and by contacting the state bar association.
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Accredited representatives
To become an accredited representative, an individual must be accredited through a Recognized Organization. Only non-profit, federally tax-exempt entities may apply for recognition through the R&A Program. Organizations seeking recognition must submit Form EOIR-31, and for the accreditation of their representatives, they must submit Form EOIR-31A. Recognized Organizations must renew their recognition within two years of initial approval and every six years thereafter.
To determine if an accredited representative is eligible to practice, individuals can refer to the accredited representative roster, managed by the OLAP. It is important to exercise caution when seeking immigration legal advice, as only authorized providers accredited by the DOJ or EOIR-accredited representatives of recognized organizations are qualified to provide such services.
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Immigration consultants
One of the key roles of immigration consultants is document preparation. They guide clients in gathering the required supporting documents for their immigration applications, ensuring that all necessary information is included and that the documents are properly completed. This includes assisting with filling out immigration forms and providing instructions on which forms or processes to utilize. Consultants can also review completed applications to ensure accuracy and completeness.
It is important to note that immigration consultants are not authorized to practice law. They do not have the same extensive education and training as lawyers, who have obtained a Juris Doctor (J.D.) degree and are licensed to practice law. Consultants cannot provide the same level of legal expertise and representation as immigration lawyers, who have a deep understanding of immigration laws and can offer comprehensive legal advice.
When seeking immigration assistance, it is crucial to be cautious and verify the credentials of the individual or organization providing the services. While immigration consultants can offer valuable support, they have limitations, and it is important to ensure that they are authorized to provide the specific type of assistance needed.
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Eligibility requirements
In the United States, an attorney is authorised to practice immigration law if they are eligible to practice law and are a member in good standing of the bar of the highest court of any state, possession, territory, or Commonwealth of the United States, or of the District of Columbia. They must not be under any order that restricts them from practising law. To determine if an attorney meets this criterion, a non-citizen can ask to view a copy of the attorney's bar card or license.
To avoid the unauthorized practice of immigration law, it is important to note that "notarios," "notary publics", "immigration consultants", and businesses cannot give immigration legal advice unless they are authorized legal service providers. In many other countries, the word “notario” means that the individual is an attorney, but this is not true in the United States.
In the United Kingdom, to become a regulated immigration adviser, an individual or organization must demonstrate to the Immigration Services Commissioner that they are likely to comply with the IAA's regulatory scheme. They must also show that they have the necessary knowledge and skills to meet the needs of clients seeking immigration advice or services. Prospective advisers seeking authorization in the category of Asylum and Protection are required to have completed the Law Society Immigration and Asylum Accreditation Scheme (IAAS) examinations and gained IAAS accreditation. For IAA exemption at level 2, the minimum requirement is an IAAS-accredited caseworker, while level 3 requires an IAAS senior caseworker or supervisor.
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Unauthorized practice
The unauthorized practice of immigration law, also known as UPIL, is a deceptive and illegal act that can have detrimental consequences for immigrants seeking legal status in the United States. Unauthorized practitioners often present themselves as "notarios," a term that in Spanish means notary public, and they may be admired and trusted members of immigrant communities. However, these individuals lack the necessary skills, resources, training, knowledge, credentials, and authority to assist immigrants effectively. At best, they may delay immigration matters, and at worst, they can jeopardize an immigrant's chances of obtaining legal status, resulting in financial losses, dashed hopes, and even potential deportation.
To avoid falling victim to UPIL, immigrants seeking legal advice or representation are advised to exercise caution and verify the credentials of their chosen representative. It is important to remember that only licensed attorneys or counselors at law are authorized to practice immigration law. To confirm an attorney's eligibility, one can ask to see their bar card or license and cross-reference it with the state bar association or the state in which they are practicing. Additionally, one can refer to the List of Currently Disciplined Practitioners maintained by the Executive Office for Immigration Review to identify individuals who have been expelled, disbarred, or suspended from practicing law.
In the unfortunate event that an immigrant becomes a victim of UPIL, there are legal mechanisms in place to seek redress. Most states have enacted laws targeting the unauthorized practice of immigration law, and victims can compile information and evidence to prepare a formal complaint. This complaint can be filed with local, state, or federal authorities, including disciplinary and regulatory agencies, UPL committees, state licensing offices, the Executive Office for Immigration Review, the U.S. Citizenship and Immigration Services, and the Federal Trade Commission. However, victims should carefully consider the potential implications of filing a formal complaint, as it may require self-identification, exposing them to possible repercussions.
While it is possible to file USCIS forms independently, many individuals prefer legal representation. To find authorized legal representatives, immigrants can refer to resources provided by the American Bar Association and the Department of Justice (DOJ). The DOJ maintains a list of Recognized Organizations and Accredited Representatives, as well as attorneys providing immigration services at low or no cost. By consulting these official sources, immigrants can better protect themselves from unauthorized practitioners and ensure they receive accurate and legitimate legal guidance in their immigration journey.
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Frequently asked questions
Only validly licensed attorneys and accredited representatives are allowed to practice immigration law. These accredited representatives are recognized by the Department of Justice's Office of Legal Access Programs.
Immigration consultants, notaries, and travel agents are not allowed to practice immigration law. They are not allowed to give legal advice, tell you what immigration benefits to apply for, or represent you in immigration court.
To determine if an attorney is allowed to practice immigration law, you can ask to view their bar card or license. You can also contact the state bar association to confirm.
