Migratio United States · Guides · Find legal help · For lawyers

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.

The question usually comes up when someone in the community offers to "do the papers", or when an office advertises immigration help without saying who is qualified. The rules on this are federal, with state laws on top, and they are clear.

This page sets out who may help, what everyone else may and may not do, and how to check a person before you pay them, as at 9 October 2026.

The closed list in federal law

Representation before USCIS and the other DHS agencies is governed by 8 CFR 292.1(a). Representation in immigration court and before the Board of Immigration Appeals is governed by the parallel rule at 8 CFR 1292.1. The people who may represent you are:

  1. Attorneys. Members in good standing of the bar of the highest court of any US state, territory or DC, not under any order suspending or restricting their practice (8 CFR 1.2). A lawyer admitted in any state may handle federal immigration matters.
  2. Law students and law graduates not yet admitted, under supervision, without pay from you, and with the official's permission.
  3. Reputable individuals of good moral character, unpaid, with a pre-existing relationship (a relative, neighbour, member of the clergy, business associate or friend), case by case. Not available to anyone who regularly does immigration work or holds themselves out as qualified.
  4. Accredited representatives of non-profit organizations recognized by the Department of Justice.
  5. Accredited officials of a foreign government, in their official capacity, with your consent.
  6. Foreign attorneys, only for matters outside the United States.

8 CFR 292.1(e): "Except as set forth in this section, no other person or persons shall represent others in any case."

DOJ-accredited representatives

An accredited representative is not a lawyer, but is authorised to represent clients. The rules are in 8 CFR 1292.11 and 1292.12.

  • They must work through a recognized organization: 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 is federally tax-exempt. If it charges fees, it must have a written policy for clients who cannot pay (8 CFR 1292.11(a)).
  • Full accreditation allows representation before the immigration courts, the Board of Immigration Appeals and DHS. Partial accreditation allows representation before DHS only (8 CFR 1292.12(a)).
  • The Department of Justice publishes rosters of recognized organizations and accredited representatives through the EOIR Recognition and Accreditation Program.

How recognition and accreditation work

The rules in 8 CFR 1292.11 and 1292.12 show what an accreditation does and does not tell you.

  • Organizations are recognized for a limited time. Recognition is valid for six years from approval. Conditional recognition, given to an organization not recognized before, one whose federal tax-exempt status is still pending, or one re-approved after a termination, is valid for two years (8 CFR 1292.11(f)).
  • Individuals are accredited for three years, unless recognition or accreditation is terminated or the person is disciplined (1292.12(d)). When you check a roster, look at whether the entry is current, not only whether the name appears.
  • Accreditation belongs to the person and the organization. Only a recognized organization can request it. The person must be an employee or volunteer of that organization and must not be an attorney (1292.12(a)(2)–(3)).
  • The organization has to show fitness. The factors include criminal background, prior acts involving dishonesty, fraud, deceit or misrepresentation, a history of neglecting professional, financial or legal obligations, and a current immigration status that presents an actual or perceived conflict of interest (1292.12(a)(1)). The person must have "broad knowledge and adequate experience in immigration law and procedure", and for full accreditation the skills essential for effective litigation (1292.12(a)(6)).
  • Training is documented. A request must include a description of the person's qualifications, at least two letters of recommendation and documentation of formal immigration training, including a course on the fundamentals of immigration law, procedure and practice (1292.12(c)).

What everyone else may do

Federal law draws the line at "preparation". 8 CFR 1.2 defines it as "the study of the facts of a case and the applicable laws, coupled with the giving of advice and auxiliary activities, including the incidental preparation of papers". Only authorised representatives may do that for others.

The same definition excludes two things:

  • "the lawful functions of a notary public", such as witnessing signatures;
  • "service consisting solely of assistance in the completion of blank spaces on printed DHS forms, by one whose remuneration, if any, is nominal and who does not hold himself or herself out as qualified in legal matters or in immigration and naturalization procedure."

USCIS puts it this way: other people "may be able to give you limited help filling out USCIS forms", "but they cannot represent you or give you legal advice", and "they can only charge you a nominal fee."

Notaries and "notarios"

In many Latin American and European countries a *notario público* is a lawyer with special credentials. In the United States a notary public is not. USCIS: "notary publics are not attorneys and cannot represent you in legal matters, including immigration cases."

That confusion is why several states have specific laws:

  • Texas (Gov't Code §406.017). A notary commits an offense by implying they are a licensed attorney; by soliciting or accepting pay to prepare documents for, or represent, someone in a proceeding "relating to immigration or admission to the United States, United States citizenship, or related matters"; or by using the phrase "notario" or "notario publico" to advertise. A notary advertising in another language must state, in English and that language: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." It is a Class A misdemeanor, a third-degree felony on a repeat conviction, and a deceptive trade practice. Paid translation and typing are allowed.
  • New York (General Business Law §460-d). An immigrant assistance service provider may not "give legal advice, or otherwise engage in the practice of law"; may not use the title lawyer or attorney or equivalent terms in any language; may not take fees for services not yet performed; may not refer customers to an attorney for a fee; and may not "give advice on the determination of a person's immigration status… including advising him or her as to answers on a government form."
  • California. Before acting as an immigration consultant, a person must obtain a $100,000 bond, file it with the Secretary of State with a disclosure form, and pass a background check (California Secretary of State, Immigration Consultant Qualifications). Registration does not make a consultant a lawyer or an authorised representative under federal law.

What changes once someone represents you

Representation is formal, not casual. Under 8 CFR 292.4(a), the attorney or accredited representative files an appearance on the form DHS prescribes, and the form must be "properly completed and signed" by you to authorize the representation. The appearance is recognized by the DHS component where it was filed until the matter concludes. A new attorney or representative takes over when the first one withdraws in writing or the new one files a new form. By appearing, a representative represents that they are "authorized and qualified to appear as a representative", and DHS may ask for further proof.

Once someone is your representative of record, notices, filings and service go to them, or to you if you are unrepresented (8 CFR 292.5(a)). You and your representative may examine the record of proceeding (292.4(b)). Where the regulations provide for an examination, you have the right to be represented, and your representative may examine and cross-examine, introduce evidence, make objections and submit briefs. There is one stated exception: an applicant for admission in primary or secondary inspection has no such right unless they have become the focus of a criminal investigation and have been taken into custody (292.5(b)).

This gives you a practical check. If someone says they are your representative but no appearance has been filed for your matter, DHS does not recognize them as one under 292.4(a). You can ask to see what was filed in your name.

Warning signs

These follow directly from the rules above:

  • Someone who is not an attorney or accredited representative tells you which form to file, which visa you qualify for, or how to answer a question on a form.
  • An office uses "notario", "immigration consultant" or "immigration expert" and cannot show a bar licence or an accreditation.
  • Someone charges more than a nominal fee to fill in your forms but says they are not a lawyer.
  • You are asked to pay in full for future services before any work is done (prohibited for New York providers under §460-d(5)).
  • They will not sign the form as preparer, or will not give you copies of what was filed.

How to check someone before you pay

  1. Attorneys. Ask for their state of admission and bar number. USCIS advises you to "ask to see the attorney's current licensing document" and "verify through the state agency where they are licensed that they are eligible to practice law." Each state bar or court runs a public lookup.
  2. Discipline. Check the EOIR list of currently disciplined practitioners.
  3. Accredited representatives. Check both the person and their organization on the EOIR rosters. Accreditation is tied to the organization, so someone working on their own account is not acting as an accredited representative.
  4. Everyone else. If they are not on either list, they may not advise or represent you.

Find an attorney or accredited representative

See attorneys and accredited representatives in the Migratio directory. Listings are shown in a neutral order with factual filters only (state, language, practice area, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer.

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

Can a notary help with immigration papers?

A notary may perform notarial acts, such as witnessing a signature. A notary may not give immigration legal advice or represent you (USCIS; 8 CFR 292.1). Some states, such as Texas, make it an offense for a notary to accept pay to prepare immigration documents or to advertise as a "notario".

Is a notario público a lawyer in the US?

No. USCIS notes that notarios are attorneys in some foreign countries, but a US notary public is not an attorney and cannot represent you in immigration cases.

Can an immigration consultant give legal advice?

No. Federal law limits representation to attorneys, DOJ-accredited representatives and a few unpaid categories (8 CFR 292.1(e)). New York bars immigrant assistance providers from giving legal advice; California requires consultants to register and post a $100,000 bond, which does not make them a lawyer.

What is a DOJ-accredited representative?

A non-lawyer authorised by the Department of Justice to represent clients on behalf of a recognized non-profit organization. Full accreditation covers immigration court, the Board of Immigration Appeals and DHS; partial covers DHS only (8 CFR 1292.12(a)).

Can someone help me fill out my immigration forms if they are not a lawyer?

Only by filling in blank spaces, for no more than a nominal fee, without giving advice and without holding themselves out as qualified in immigration law (8 CFR 1.2).

How do I check if an immigration lawyer is licensed?

Ask for their state of admission and bar number and verify it with that state's bar or court lookup. Also check the EOIR list of currently disciplined practitioners.

Sources

Last checked 2026-10-09.

Related guides

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.