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How to choose an immigration lawyer: 10 checks

Check the licence and discipline record, confirm who will do the work, get the scope and fee in writing, and walk away from guarantees. These ten checks are facts you can verify; the decision is yours.

There is no official ranking of immigration lawyers, and anyone claiming one lawyer is better than the rest is offering an opinion, not a fact. What you can do is check the things that are on the record and ask the questions that a written fee agreement should answer.

The ten checks below come from the federal rules on who may represent you (8 CFR 292.1, 1.2), the state rules on lawyers' fees (Rule 1.5, as adopted in each state), and the public lists kept by EOIR and the state bars. They are in the order people usually meet them, from first contact to signing.

1. Confirm they are allowed to represent you at all

Federal rules allow only attorneys, accredited representatives of DOJ-recognized organizations, and a few narrow categories to represent others (8 CFR 292.1(a), 1292.1(a)). Anyone else may not (8 CFR 292.1(e)). Ask directly: "Are you an attorney, or an accredited representative? Of which organization?"

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice.

2. Check the licence and good standing

For an attorney, ask which state licenses them and look them up on that state's bar or court register. 8 CFR 1.2 requires membership "in good standing" and no order "suspending, enjoining, restraining, disbarring, or otherwise restricting" practice. Statuses such as delinquent or suspended are not good standing.

For an accredited representative, check EOIR's Accredited Representatives roster for their name, organization and expiry date.

3. Check EOIR's discipline list

EOIR's List of Currently Disciplined Practitioners (updated 8 October 2026) shows people suspended or disbarred from immigration practice. A lawyer can be in good standing with a state and still be restricted before the immigration courts, so check both. USCIS's Find Legal Services page links to this list too.

4. Match their authority to where your case is

If your matter is before USCIS (a petition, green card, work permit or naturalization), attorneys and both full and "DHS only" accredited representatives may act. If your matter is in immigration court or before the BIA, only attorneys and fully accredited representatives may (8 CFR 1292.12(a)), and attorneys must be registered with EOIR (8 CFR 1292.1(a)(1)).

Ask how many matters of your type, before that agency, they handle. That is a factual question about their practice, not a promise about your result.

5. Find out who will actually do the work

In many offices, paralegals or junior staff prepare forms under an attorney's supervision. That is normal. What matters is knowing:

  • which attorney is responsible for your case;
  • who you will speak to day to day;
  • whether the responsible attorney will review your forms before filing and attend your interview or hearing.

Ask for a copy of the Form G-28 filed in your case, so you can see who is on record as your representative.

6. Get the scope and the fee in writing

State Rule 1.5 governs lawyers' fees. In Minnesota's adopted text, for example, "the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation." Wording differs by state, but asking for it in writing is always possible.

A written agreement should tell you:

  • exactly which forms, filings, interviews or hearings are included;
  • whether the fee is flat, hourly, or a mix, and the amount;
  • whether government filing fees are included or extra (they are set by USCIS and EOIR, not the lawyer);
  • what happens if USCIS sends a Request for Evidence, or the case is denied, and whether that work costs more.

7. Ask about refunds and ending the relationship

Rules on advance payments differ by state. Under Minnesota's Rule 1.5(b), for example, a fee paid before work is done is presumed unearned and held in trust unless a signed flat-fee agreement says otherwise, and that agreement must tell the client they can end the relationship and may be entitled to a refund if the services are not provided. Minnesota's rule also bars describing a fee as "nonrefundable".

Ask what happens to money already paid if you end the relationship. USCIS notes you can change or end representation at any time.

8. Treat guarantees as a warning sign

No lawyer controls a USCIS officer's or an immigration judge's decision. USCIS warns that scammers "guarantee" a faster visa, green card or work permit for a fee, and says only USCIS decides whether to expedite. New York's §460-d bars immigrant assistance providers from making a guarantee or promise without a basis in fact, and from claiming special favors with the government.

A careful lawyer will explain the rules, the evidence your case needs and the risks, rather than promise an outcome.

9. Know your deadlines and who tracks them

Immigration deadlines are short and usually fixed:

  • A USCIS Request for Evidence gives no more than twelve weeks to respond, and a Notice of Intent to Deny no more than thirty days, with no extensions (8 CFR 103.2(b)(8)).
  • An appeal or motion on many USCIS decisions (Form I-290B) must be filed within 30 days of service (8 CFR 103.3(a)(2)).
  • An appeal of an immigration judge's decision to the BIA (Form EOIR-26) must reach the Board within 10 calendar days of the decision in most cases, or 30 calendar days where the judge adjudicated an asylum application and did not deny it under certain bars (8 CFR 1003.38(b), as in force on 1 October 2026). Older guides that say 30 days for every appeal are out of date.

Ask who in the office tracks your deadlines and how you will be told about notices that arrive.

10. Check how you'll communicate, and in what language

You will need to answer questions accurately and quickly. Ask:

  • whether the lawyer or staff speak your language, or whether an interpreter will be used, and who pays for it;
  • how fast they reply, and how (email, phone, portal);
  • whether you will get copies of everything filed in your name. Keep them: they are your record if you ever change representatives.

Write down the answers to all ten checks for each person you speak to. Comparing written answers side by side is more reliable than comparing impressions after a meeting.

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

How do I find a good immigration lawyer?

There is no official ranking. Factual checks you can make: licence and good standing with a state bar, EOIR's discipline list, authority for where your case is, who does the work, and a written scope and fee agreement.

What should be in an immigration lawyer's fee agreement?

The scope (which filings, interviews and hearings), the fee basis and amount, whether government filing fees are included, what happens on an RFE or denial, and the refund terms if you end the relationship. State Rule 1.5 governs this.

Is it a red flag if a lawyer guarantees approval?

No lawyer controls the decision. USCIS warns about people who 'guarantee' faster results for a fee, and New York's §460-d bars immigrant assistance providers from guarantees without a basis in fact.

Can I change immigration lawyers in the middle of my case?

Yes. USCIS says you can change or withdraw representation at any time. Ask for copies of everything filed, and check your fee agreement for what happens to money already paid.

Does it matter which state my immigration lawyer is licensed in?

Not for eligibility: under 8 CFR 1.2 good standing in any US state, territory or DC qualifies. It matters for checking, because you look them up with the state that licensed them.

Sources

Last checked 2026-10-09.

Related guides

  • 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.
  • Questions to ask at an immigration lawyer consultation — A first consult is your chance to confirm that the person is allowed to represent you, to get the scope and fee in writing, and to learn who will do the work and how you will hear about notices. The rules behind each question are quoted below, with sources.
  • 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.
  • Do I need an immigration lawyer? What the rules say — No federal rule requires you to hire anyone to file with USCIS; the regulations say a person "may be represented". If you do get help, only attorneys, DOJ-accredited representatives and a few narrow categories may represent you. Whether to get one is your decision; this page sets out the rules and deadlines that bear on it.
  • 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.
  • 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.