An individual or business in the United States may elect to be represented by a licensed attorney or an accredited immigration representative when filing applications or petitions with the U.S. Citizenship and Immigration Services (USCIS). This article spells out some important information that applicants should be aware of before retaining the services of an immigration lawyer or representative.

Before You Start: Know Your Rights

Before you decide to seek the services of an immigration practitioner to assist you in filing an application or petition with the USCIS, be advised that only a licensed attorney or an accredited representative of a recognized organization may lawfully represent you. Your representative must file a “NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR REPRESENTATIVE” (Form G-28) together with the application or petition. In matters filed within the United States, only licensed attorneys and accredited representatives may communicate on your behalf to the USCIS and receive information from the USCIS regarding your application or petition.

If you need legal advice about an immigration matter but cannot afford to hire an attorney, you may be able to obtain free or reduced-cost legal services. Start by asking an immigration attorney, the American Immigration Lawyers Association (AILA), a state bar association, or an organization specially-accredited to provide such assistance about the availability of such services.

Immigration Attorneys: What You Need to Know

Attorneys must be members in good standing of the “bar” of a U.S. State (or U.S. possession, territory, Commonwealth, or the District of Columbia) and not be under any court order restricting their practice of law. Your attorney must indicate his/her representative status by checking the first block on Form G-28 and providing registration information regarding their admission to practice law. The best way to protect yourself from unscrupulous immigration practitioners is to ask to see the current attorney licensing document for the attorney. Make a note of the attorney registration number if any, and contact the state bar attorney registration office to verify the attorney's standing with the bar. Many state bars have websites where you can check the attorney’s registration status online. A licensed attorney should honor your request for this information, as most state bar ethics rules require disclosure of this information to clients.

Accredited Representatives: What You Need to Know

Accredited representatives are required to be affiliated with a BIA "Recognized Organization" in order to be eligible to represent you before the USCIS and to file a Form G-28. The representative may be authorized to practice before the Immigration Courts, the Board of Immigration Appeals (BIA) and/or USCIS. The best way to protect yourself is to ask to see a copy of the BIA decision granting official recognition to the Accredited Representative and Recognized Organization. Recognized organizations are permitted to charge only nominal fees, if any, for providing services in immigration cases. An accredited representative of a recognized organization should honor your request to verify his/her documentation. You may verify the status of immigration representatives by checking the Recognition Accreditation Roster maintained by the Executive Office of Immigration Review (EOIR.)

While other individuals (notary publics and immigration consultants) may also assist you by filling in the spaces for you on pre-printed immigration forms with information provided by you, these individuals MAY NOT represent you before the USCIS. Furthermore, notary publics and immigration consultants are not permitted to charge anything but nominal fees as regulated by state law. Individuals helping you in this way are required by law to disclose to the USCIS their involvement in preparing your application or petition. They must complete the specific section at the bottom of a petition or application concerning the “Preparer” of the form.

Some DO's and DON'Ts

1. DO NOT sign incomplete or blank applications, petitions or other papers.

2. DO NOT sign documents that you have not read or do not understand.

3. DO NOT sign documents that contain inaccurate or incomplete information or false statements.

4. DO NOT let anyone keep your original documents.

5. DO NOT make payments to a lawyer or accredited representative without getting a receipt.

6. DO obtain copies of all documents prepared or submitted on your behalf.

7. DO verify an attorney’s or an accredited representative’s licensure and eligibility to represent you.

8. DO report any attorney's or representative’s unauthorized practice of law to the USCIS, the state bar association, and/or state attorney general.

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