Deportation defense: who the law lets represent you in immigration court, and how to check

In removal proceedings the law gives a person the privilege of being represented "at no expense to the Government", and 8 CFR 1292.1 limits who may do it to a closed list: registered attorneys, fully accredited representatives of DOJ-recognized non-profits, supervised law students and graduates, and a few others. Notaries, notarios, consultants and document preparers are not on the list.

A person in removal proceedings usually has to decide quickly who will speak for them in court. The decision is shaped by two facts that surprise many people. First, the government does not provide or pay for a lawyer in immigration court. Second, the law does not leave the choice of representative entirely open: there is a closed list of people who may appear, and anyone else who "represents" a person in the case is acting outside it.

This page explains, as at 10 October 2026, who is on that list under 8 CFR 1292.1, what each kind of representative may and may not do, how a representative formally enters a case on Form EOIR-28, how the court's list of pro bono providers works, and how to check a person's authority. It describes rules. It does not say who a particular person should hire or whether a particular case needs a lawyer. Deadlines in removal cases are short and strict, so a person who has received a Notice to Appear, a hearing notice or an order should look for regulated help immediately and keep every date.

Quotation marks on this page mean the exact words of the statute, regulation or official page named.

The right to representation, and what it does not include

The statute that governs removal proceedings, 8 U.S.C. 1229a(b)(4)(A), says that "the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing who is authorized to practice in such proceedings".

Three parts of that sentence matter.

"Privilege". The law grants the opportunity to be represented. It does not provide a lawyer.
"At no expense to the Government". The person pays, or finds a representative who works without charge. The court does not appoint counsel.
"Authorized to practice in such proceedings". The representative must be on the list the regulations set out.

The regulations make the judge raise the subject at the first hearing. 8 CFR 1240.10(a) tells the immigration judge to "Advise the respondent of his or her right to representation, at no expense to the government, by counsel of his or her own choice authorized to practice in the proceedings and require the respondent to state then and there whether he or she desires representation", and to "Advise the respondent of the availability of pro bono legal services for the immigration court location at which the hearing will take place, and ascertain that the respondent has received a list of such pro bono legal service providers."

The judge asks that question on the record, and the answer is noted. Looking for a representative does not stop the case: any date the judge sets, for a hearing or for filing an application, stays in force until the judge changes it. A person who is still looking should keep every date in the court's notices and tell the court promptly about any change of address.

The closed list: who may represent someone

8 CFR 1292.1(a) lists who may represent a person entitled to representation. Paragraph (e) closes the list: "Except as set forth in this section, no other person or persons shall represent others in any case." In summary:

Attorneys. "Any attorney as defined in § 1001.1(f) of this chapter and who, once the registration requirements in paragraph (f) of this section have taken effect, is registered to practice with the Executive Office for Immigration Review." The regulation defines an attorney as a person who "is eligible to practice law in and is 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, and is not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law" (8 CFR 1001.1(f)). A lawyer licensed in any state may practise immigration law anywhere in the country, because immigration law is federal.
Accredited representatives. "An individual whom EOIR has authorized to represent immigration clients on behalf of a recognized organization, and whose period of accreditation is current and has not expired." Details below.
Law students and law graduates not yet admitted to the bar, but only when supervised. A student must file a statement that they are "participating, under the direct supervision of an EOIR-registered licensed attorney or accredited representative, in a legal aid program or clinic", and a supervising attorney or representative "must appear simultaneously at the same hearing" in immigration court or before the Board. Neither may receive "direct or indirect remuneration from the alien he or she represents".
Reputable individuals. A person of good moral character may appear in an individual case without payment if there is "a pre-existing relationship or connection with the person entitled to representation (e.g., as a relative, neighbor, clergyman, business associate or personal friend)", and only if the official hearing the case permits it. The regulation says the pre-existing relationship requirement "may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available". The regulation adds that permission "shall not be granted with respect to any individual who regularly engages in immigration and naturalization practice or preparation, or holds himself out to the public as qualified to do so."
Accredited officials of the government of the person's country, appearing in an official capacity and with the person's consent.

No other category exists. A paid "consultant", a notary public, a travel agent or a document preparer is not on the list. (Former Department of Justice employees who are otherwise qualified remain subject to the conflict rule in 28 CFR 45.735-7; see 8 CFR 1292.1(c).)

Attorneys: licence, EOIR registration and scope

Two checks apply to an attorney, and they are separate.

The state licence. An attorney must be in good standing with a state bar. Each state keeps its own public lookup. Our page on how to check an immigration lawyer's licence explains where to look.

EOIR registration. 8 CFR 1292.1(f) allows EOIR to register attorneys and accredited representatives "as a condition of practice before immigration judges or the Board of Immigration Appeals", and to administratively suspend one who does not supply the required information or identification. A lawyer who is licensed but not registered with EOIR is not yet authorized to appear.

Scope can be limited, on purpose. The appearance form allows a lawyer to take only part of the work. 8 CFR 1003.17(a) says the practitioner "may enter an appearance to be the practitioner of record for all proceedings before the immigration court, or for custody and bond proceedings only, or for all proceedings other than custody and bond proceedings." The separation is deliberate: "A practitioner's entry of appearance in only a custody or bond proceeding shall be separate and apart from an entry of appearance in any proceeding other than custody or bond before the immigration court." A person who hires a representative for a bond hearing, therefore, has a representative for that and not necessarily for the removal case. Our page on immigration bond hearings covers the bond side.

Fees. The regulation on professional discipline treats a fee that is "grossly excessive" as a ground for sanctions, and lists the factors, which include the time and labor required, "the novelty and difficulty of the questions involved" and "the fee customarily charged in the locality for similar legal services" (8 CFR 1003.102(a)(1)). What lawyers charge is covered in how much an immigration lawyer costs.

Accredited representatives of recognized organizations

An accredited representative is not a lawyer, but is a person the Department of Justice has authorized to represent clients. Four features define the category.

They work through a recognized organization. EOIR's Recognition & Accreditation page states: "Accredited Representatives may only provide immigration legal services through Recognized Organizations. Only non-profit, federally tax-exempt entities may apply to be recognized." Under 8 CFR 1292.11(a)(1) the organization must be "a non-profit religious, charitable, social service, or similar organization that provides immigration legal services primarily to low-income and indigent clients within the United States, and, if the organization charges fees, has a written policy for accommodating clients unable to pay fees for immigration legal services".
Accreditation is full or partial. 8 CFR 1292.12(a): "An individual who receives full accreditation may represent clients before the Immigration Courts, the Board, and DHS. An individual who receives partial accreditation may represent clients only before DHS." A partially accredited representative cannot appear before an immigration judge. Anyone describing themselves as accredited should be asked which kind.
Accreditation expires. The EOIR page says "Accreditation of representatives is valid for three years", and a representative's accreditation must be "current and has not expired" under 1292.1(a)(4).
They may not be paid per case. 8 CFR 1003.102(a)(2) treats it as a ground for discipline when an accredited representative charges or receives "any fee or compensation for specific services rendered for any person, except that an accredited representative may be regularly compensated by the organization of which he or she is an accredited representative". The organization itself may charge fees, but then it needs the written policy for clients who cannot pay.

The public roster. 8 CFR 1292.20 requires it: "An electronic copy of the roster shall be made available to the public and updated periodically." EOIR publishes the recognized organizations, the accredited representatives and a by-state listing as PDF reports on its roster page, with expiry dates. Our page on the DOJ accredited representative explains how to read it.

Who may not represent you, even if they say they can

People who are not on the list are not permitted to appear, and state law also regulates some of them: Texas, for example, makes it an offence for a notary to accept pay to prepare documents for another person in an immigration proceeding or to advertise as a "notario", and New York regulates immigrant assistance service providers and bars them from giving legal advice (see the state statutes listed under sources). The federal regulations treat helping them as misconduct by a practitioner: EOIR's grounds for discipline include when a practitioner "Assists any person, other than a practitioner as defined in § 1003.101(b), in the performance of activity that constitutes the unauthorized practice of law" (8 CFR 1003.102(m)).

In practice, that excludes:

notaries public and "notarios": USCIS says notaries "are not attorneys and cannot represent you in legal matters, including immigration cases";
"immigration consultants", "visa consultants", "paralegals" working on their own, and immigration "specialists" without a licence or accreditation;
form-preparation services that go beyond typing, translating or copying information, particularly when they choose answers or advise on strategy; and
a friend or relative who does regular immigration work for the public, as opposed to a one-off, unpaid appearance by someone with a real prior relationship.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Some people who give help they are not allowed to give are acting in good faith, and some are not. Either way, the problems fall on the person in the case: a missed deadline, a wrong answer on a form, or a fee paid for nothing. Our page on immigration scams and warning signs lists patterns to watch for, and on who can give immigration advice sets out the wider rules.

How a representative enters the case

Representation is formal. A representative becomes "of record" only by filing the form, and the form determines whom the court talks to.

In immigration court: Form EOIR-28. 8 CFR 1003.17(a): "A practitioner must enter an appearance in proceedings before an immigration court using Form EOIR-28 to perform the functions of and become the practitioner of record." Once filed, "A respondent shall be considered represented for the proceedings in which an EOIR-28 has been filed." The practitioner of record must "appear in immigration court on behalf of the respondent, file all documents on behalf of the respondent, and accept service of process of all documents filed in the proceedings".
At the Board of Immigration Appeals: Form EOIR-27 (8 CFR 1003.38(g)(1)). A court appearance does not carry over; the Board requires its own form.
Limited help with a document: Forms EOIR-61 (immigration court) and EOIR-60 (Board). A practitioner who helps a person without a lawyer to draft or complete a specific document must disclose it, and the person "is not represented" and "remains pro se" under 1003.38(g)(2)(ii). This is how someone gets a one-off review of an application without hiring a representative for the whole case.
Changing representatives: withdrawal or substitution "upon oral or written motion submitted without fee" (1003.17(a)(3)).

Notices go to the representative. 8 CFR 1292.5(a) provides that notice, service and filings go "by or to ... the attorney or representative of record, or the person himself if unrepresented." That is why the choice of representative has legal effect: a notice sent to a representative of record can count as notice to the person. A person should keep their own address current with the court on Form EOIR-33 and keep in touch with the representative about every date.

Pro bono providers and the court's list

The immigration court gives each person a list of pro bono legal service providers for the court location. EOIR describes it: "The Executive Office for Immigration Review (EOIR), Office of Policy, Public Resources Program (PRP) administers the List of Pro Bono Legal Service Providers". The List "contains information on non-profit organizations and attorneys who have committed to providing at least 50 hours per year of pro bono legal services before the immigration court location where they appear on the List", and it is "Published quarterly (January, April, July, and October)". EOIR's page was last updated on 24 September 2026; because the List is revised every quarter, ask the court or the provider which edition applies.

EOIR defines the term narrowly: pro bono legal services are "those uncompensated legal services performed for indigent aliens or the public good without any expectation of either direct or indirect remuneration, including referral fees (other than filing fees or photocopying and mailing expenses)." A provider on the List may therefore still ask a client to cover court filing fees and copying.

The page also carries a disclaimer: "EOIR does not endorse any of these organizations, referral services, or attorneys." Being on the List or the roster shows eligibility, not quality, and a provider on either may be unable to take a particular case because of capacity or because of limits it has set on the kinds of cases it handles. Our page on low-cost and pro bono immigration legal help describes the other sources.

Checking a representative, and what to do about a complaint

A short check before signing anything:

Ask whether the person is an attorney or an accredited representative, and ask for the state and bar number, or the organization's name.
For an attorney, confirm good standing on the state bar's public lookup.
For an accredited representative, find the person and the organization on the EOIR roster and read the expiry date, and ask whether the accreditation is full or "DHS only".
Ask whether the representative will enter an appearance for the whole case or only part of it, and ask to see the Form EOIR-28 before the hearing.
Be cautious of anyone who cannot be found on those lists, since only the people listed in 8 CFR 1292.1 may represent a person.

Complaints. 8 CFR 1003.104(a)(1) provides that "Any individual may file a complaint with the EOIR disciplinary counsel using the Form EOIR-44." For recognized organizations and accredited representatives, 8 CFR 1292.19(a) says "Any individual may submit a complaint to EOIR or DHS that a recognized organization or accredited representative has engaged in behavior that is a ground of termination or otherwise contrary to the public interest." The available sanctions in 8 CFR 1003.101 include "Disbarment, which is permanent, from practice before the Board and the Immigration Courts or the DHS", suspension and censure. A client who files a complaint waives privilege to the extent needed for the inquiry (1003.104(b); 1292.19(b)), so it is a step to take with a regulated practitioner's advice. These procedures cover practitioners and recognized organizations. For someone who is neither, see our page on immigration scams for where to report.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

Does the government give me a lawyer in immigration court?

No. 8 U.S.C. 1229a(b)(4)(A) gives the "privilege of being represented, at no expense to the Government". The judge must tell the person of the right and of the availability of pro bono legal services (8 CFR 1240.10(a)), and the court provides a list of pro bono providers, but it does not appoint or pay for counsel.

Who is allowed to represent me in immigration court?

Under 8 CFR 1292.1(a): attorneys registered with EOIR, fully accredited representatives of DOJ-recognized organizations, supervised law students and graduates, certain unpaid "reputable individuals" with a pre-existing relationship, and accredited officials of the person's government. Paragraph (e) says no one else may represent others.

Can a notario or immigration consultant go to court with me?

No. They are not on the 8 CFR 1292.1 list, and a practitioner who helps someone else practise without authority can be disciplined (8 CFR 1003.102(m)). Notaries, notarios and consultants cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

What does DHS-only accreditation mean?

A partially accredited representative "may represent clients only before DHS" (8 CFR 1292.12(a)), meaning USCIS, ICE and CBP matters, and cannot appear before an immigration judge or the Board. A fully accredited representative can appear before the Immigration Courts, the Board and DHS.

Do accredited representatives charge fees?

Not necessarily. Recognized organizations serve "primarily ... low-income and indigent clients", and if an organization charges fees it must have a written policy for clients unable to pay (8 CFR 1292.11(a)(1)). An accredited representative cannot charge a fee for specific services of their own, though the organization may pay their salary (8 CFR 1003.102(a)(2)). Ask the organization what it charges, if anything, before signing.

Can a lawyer help only with my bond hearing?

Yes. Form EOIR-28 can be filed "for custody and bond proceedings only" (8 CFR 1003.17(a)). That appearance is separate from an appearance in the removal case itself, so ask what the representative has agreed to cover.

Sources

Last checked 2026-10-10.

Related guides

Notice to Appear (NTA): what it is, what it must say and what happens next — A Notice to Appear starts removal proceedings once it is filed with an immigration court. The statute lists what it must contain, sets a minimum of 10 days before the first hearing and requires an address on file with the court. Missing a hearing after proper written notice can lead to an order of removal in the person's absence.
Cancellation of removal: who can ask for it, the EOIR-42A and EOIR-42B fees, and the rules that stop the clock — Cancellation of removal is a form of relief that an immigration judge may grant, in removal proceedings only. Permanent residents use Form EOIR-42A ($730 from 1 October 2026); people who are not permanent residents use Form EOIR-42B ($1,690), which requires 10 years of continuous physical presence and "exceptional and extremely unusual hardship" to a qualifying relative. The clock for both generally stops when a Notice to Appear is served.
Immigration bond hearings: who can ask for bond, what the judge decides, the short deadlines and how a bond is posted — When a person in removal proceedings is detained, the first custody decision is made by DHS. Many detained people can then ask an immigration judge to review it, but not everyone can: arriving noncitizens and those held under the mandatory-detention provisions are excluded by 8 CFR 1003.19(h). By statute a bond must be at least $1,500, an appeal of the judge's bond decision goes to the BIA within 10 calendar days, and the BIA bond appeal has no EOIR fee.
Missed immigration court: in absentia removal orders, the 180-day motion and what the law says about notice — If a person does not attend a removal hearing after written notice, an immigration judge must order removal in absentia when DHS proves notice and removability by clear, unequivocal and convincing evidence. The order can be rescinded only by a motion to reopen: within 180 days for exceptional circumstances, or at any time for no notice or federal or state custody. There is no appeal to the BIA.
BIA appeal 2026: the $1,060 fee, the deadline and the March 2026 summary-dismissal rule — An appeal of an immigration judge's decision goes to the Board of Immigration Appeals on Form EOIR-26, with a $1,060 fee or a fee waiver request, and under 8 CFR 1003.38(b) it must reach the Board within 10 calendar days (30 days only where the judge adjudicated an asylum application on the merits). Since 9 March 2026 the Board must dismiss most appeals unless a majority votes to accept them.
What is a DOJ accredited representative? — An accredited representative is a non-attorney the Department of Justice has approved to represent people in immigration matters, working only through a DOJ-recognized non-profit. 'Full' accreditation covers USCIS, immigration court and the BIA; 'DHS only' covers USCIS and the rest of DHS.
Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
How to check an immigration lawyer's license — Ask which state licenses the lawyer, look them up on that state's bar or court register, then check EOIR's List of Currently Disciplined Practitioners. For a non-lawyer accredited representative, check the EOIR roster instead.
Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.
Notario vs. immigration lawyer: what a notary can't do — In the United States a notary public (notario público) is not a lawyer and may not give immigration legal advice or represent you. Federal rules limit representation to attorneys, DOJ-accredited representatives and a few narrow categories.
Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.
How much does an immigration lawyer cost? — There are two bills: the lawyer's fee, which each lawyer sets (flat, hourly or per consult) and must explain to you, and the government filing fees, which are fixed by regulation. A marriage green card filed inside the US, for example, carries $2,115 in USCIS fees for the I-130 and I-485 alone, before any lawyer's fee.