Navigating the U.S. immigration system can be complex and daunting. While it is possible to file forms with U.S. Citizenship and Immigration Services (USCIS) on your own, seeking legal representation from an Immigrant Lawyer is often a preferred and beneficial choice. An experienced immigrant lawyer can provide invaluable assistance, ensuring you understand your options and navigate the process correctly.
Who is an Authorized Legal Representative?
USCIS recognizes specific individuals as authorized legal representatives who can assist you with your immigration case. These representatives are rigorously vetted and held to professional standards, ensuring you receive competent legal advice. An authorized legal representative must be one of the following:
- A Qualified Attorney: This individual must be:
- An active member in good standing of the bar in any U.S. state, territory, or the District of Columbia.
- Not currently disbarred or facing restrictions in their legal practice.
- Legally permitted to practice law within the United States.
These stringent requirements are in place to protect individuals seeking immigration assistance and to ensure they receive advice from qualified professionals.
What Can an Immigrant Lawyer Do For You?
Engaging an immigrant lawyer offers a wide range of benefits throughout your immigration journey. They are equipped to provide comprehensive support, including:
- Guidance on Form Selection and Filing: An immigrant lawyer will assess your specific situation and advise you on the correct USCIS forms to file and the appropriate timeframes for submission.
- Expert Advice on Documentation and Evidence: They can guide you on gathering the necessary documents and evidence to support your case, ensuring completeness and accuracy.
- Explanation of Immigration Options: Immigrant lawyers possess in-depth knowledge of U.S. immigration law and can explain the various immigration options available to you based on your circumstances.
- Assistance with Form Completion: They can assist you in accurately and thoroughly completing complex USCIS forms, minimizing errors and potential delays.
- Communication with USCIS: An immigrant lawyer can act as your point of contact with USCIS, communicating on your behalf and addressing any inquiries or issues that may arise during the processing of your case.
This list represents key services, but the support of an immigrant lawyer can extend beyond these points, offering peace of mind and expert navigation through intricate legal processes.
Finding a Reputable Immigrant Lawyer
Several resources are available to help you find an authorized and reputable immigrant lawyer. The American Bar Association offers resources for finding an attorney in your state. Additionally, the Department of Justice (DOJ) provides a list of attorneys offering low-cost or free immigration services. The DOJ also maintains a list of accredited representatives and recognized organizations that can provide legal assistance.
Once you choose to be represented by an immigrant lawyer, they are required to file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative with USCIS alongside your application, petition, or appeal. Filing this form ensures that USCIS will communicate directly with both you and your legal representative about your case.
When selecting an immigrant lawyer, it is crucial to conduct due diligence:
- Verify Bar Membership: Confirm that the attorney is an active member in good standing of the bar of the highest court in a U.S. state, territory, or the District of Columbia.
- Check for Disciplinary Actions: Ensure the attorney is not subject to any court orders restricting their practice of law.
- Request Licensing Documentation: Ask to see the attorney’s current licensing document and verify their eligibility to practice law through the relevant state agency.
- Consult the Disciplined Practitioners List: Review the Executive Office for Immigration Review’s List of Currently Disciplined Practitioners to confirm the attorney is not barred from practicing before USCIS. Attorneys on this list with a “No” in the last column are prohibited from providing legal advice. If an attorney claims reinstatement after disbarment, request to see the official reinstatement order from the EOIR.
Beware of Unauthorized Immigration Advice
It is critical to be cautious of individuals who offer immigration advice but are not authorized legal representatives. “Notarios,” notary publics, immigration consultants, and businesses often present themselves as immigration experts, but unless they are qualified attorneys or EOIR-accredited representatives, they are legally prohibited from giving immigration legal advice.
In many countries, the term “notario” refers to an attorney, but this is not the case in the United States. Seeking guidance from unauthorized individuals can lead to misinformation, fraud, and detrimental consequences for your immigration case. Exercise extreme caution and seek assistance only from verified immigrant lawyers or EOIR-accredited representatives of recognized organizations. For further information on avoiding scams, refer to USCIS resources on Common Scams.
Additional Resources
American Bar Association – Find Legal Help
DOJ – List of Pro Bono Legal Service Providers by State
DOJ – List of Recognized Organizations and Accredited Representatives
USCIS Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
EOIR – List of Currently Disciplined Practitioners
USCIS – Common Scams
