Legal advice and representation in immigration matters may only be provided by certain people. This page explains who may represent you, how to find free and low-cost legal assistance from official lists, how to check an attorney, the “notario” scam, and how to file complaints. You can complete USCIS forms yourself and represent yourself; hiring a representative is not mandatory.
Who can represent you?
- Attorney: An attorney admitted to the bar of a U.S. state, U.S. territory, or Washington, D.C., who has not been disbarred and whose authorization to practice law has not been restricted.
- Accredited representative: A person who is not an attorney but is accredited by the Department of Justice (EOIR) and works for a nonprofit organization recognized by the Department of Justice.
- May provide services only through a recognized organization.
- Accreditation is valid for 3 years and may be renewed.
- Law student or graduate: Only under the supervision of an attorney or accredited representative.
- Foreign attorney: Only for matters outside the United States.
- People who do not fall into these groups may provide limited help completing forms; however, they may not represent you, provide legal advice, or charge more than a nominal fee.
- Your representative files Form G-28 with USCIS and Form EOIR-28 with the immigration court. You also sign this form.
“Notario” scams
- In some countries, a “notario público” is a specially authorized legal professional. In the United States, however, a notary public is not an attorney; they only witness signatures and administer oaths. They may not provide legal services regarding immigration.
- Types of scams reported by EOIR:
- Promise of a “10-year green card”: The person is promised a work permit and is made to sign an asylum application without knowing it; when the person does not attend the interview, removal proceedings are initiated.
- Keeping a fee waiver: The applicant is charged a fee, but a fee waiver is requested without their knowledge and the money is kept.
- Selling forms: EOIR and USCIS forms are free on official websites.
- Pretending to be an EOIR employee: EOIR employees do not request personal information or money by telephone.
- In New York, non-attorneys who provide immigration assistance may not give legal advice, charge for forms, or promise “connections” at government agencies (New York Attorney General’s Office).
Do not sign blank forms: According to USCIS, do not sign a form that is blank or contains incorrect information. Request and keep a receipt for every payment, as well as copies of the forms prepared for you and official correspondence.
Free and low-cost legal assistance
- EOIR free legal services list (pro bono): For each immigration court, it lists organizations and attorneys that commit to providing at least 50 hours of free services per year at that court.
- The list is updated in January, April, July, and October.
- A person placed in removal proceedings is also given this list at court.
- Being on the list does not mean that an organization is recommended by EOIR.
- Accredited representative and recognized organization lists (R&A): State-by-state PDF lists. The program aims to increase low-income individuals’ access to qualified immigration representation.
- According to USCIS’s I-589 instructions, you can also request the list by calling the USCIS Contact Center (+1 800 375 5283).
- You can also use the EOIR Pro Bono portal and EOIR’s find legal representation page to find help.
Checking an attorney or representative: step by step
- Ask for their license. USCIS recommends that you see the attorney’s current license document and verify it with the licensing authority of the state where the attorney is licensed.
- Check the state licensing record. Examples of states with large Turkish communities:
- California: State Bar of California attorney search
- Texas: State Bar of Texas
- Illinois: Attorney Registration and Disciplinary Commission (ARDC)
- Massachusetts: Board of Bar Overseers
- Check the EOIR disciplinary list. The list of attorneys and representatives disciplined shows people who are prohibited from practicing or suspended in immigration court.
- If they are an accredited representative, check their name and organization on the R&A list.
- Review the representation form. G-28 must be filed for USCIS matters and EOIR-28 for court matters. USCIS sends correspondence to both you and your representative.
- Keep copies. Obtain a copy of every form submitted and every receipt.
Changing or ending your attorney’s representation
- You may change your attorney or representative, or end the representation, at any time.
- Ending representation: Send written notice to USCIS; this can also be done through your USCIS online account.
- New attorney: The new attorney files their own G-28.
- Attending an interview without an attorney: Even if a representative is registered, you provide written notice that you are choosing to continue without an attorney.
Complaints: where to file
- State bar or licensing authority — in the state where the attorney is licensed.
- DHS Office of Disciplinary Counsel — misconduct by an attorney or representative in USCIS matters
- Email: DisciplinaryCounsel@uscis.dhs.gov
- Address: U.S. Citizenship and Immigration Services, Mail Stop: 2120, ATTN: Disciplinary Counsel, 5900 Capital Gateway Drive, Camp Springs, MD 20588-0009
- Using Form EOIR-44 or a written statement.
- EOIR Fraud and Abuse Prevention Program — notarios, fraudulent consultants, and unauthorized representation
- Phone: +1 877 388 3840 · Email: EOIR.Fraud.Program@usdoj.gov
- EOIR Attorney Discipline Program: +1 703 305 0470
- State attorneys general’s offices (examples):
- New York Attorney General’s Office: +1 800 771 7755
- Illinois Attorney General’s Immigration Assistance Program: page
- California Attorney General’s Office of Immigrant Assistance: oag.ca.gov/immigrant
- Other states: USCIS’s state-by-state reporting table.
- According to USCIS, reporting fraud does not affect your own application.
Common mistakes
- Getting legal advice from a “notario,” notary, or “immigration consultant.”
- Failing to check the attorney’s license and disciplinary record.
- Signing a blank or unread form.
- Failing to request copies of receipts and forms.
- Paying people who promise a “guaranteed result” or claim “I have someone in the government.”
- Paying for official forms that are free.
- Failing to document and report missing a deadline because of an attorney’s mistake.
Frequently asked questions
- Do I have to hire an attorney? No. According to USCIS, you can complete the forms yourself and represent yourself. You may also proceed without an attorney (pro se) in immigration court.
- Will the government provide me with an attorney? No, not in an immigration case. Check the EOIR list for free assistance.
- What is the difference between an accredited representative and an attorney? An accredited representative is not an attorney, but may represent people in immigration matters through Department of Justice accreditation and only through a recognized organization.
- Can a notary help me? In the United States, a notary is not an attorney and may not provide legal services regarding immigration.
- My attorney did not do their job; what can I do? You may complain to the bar in the state where they are licensed, to the DHS Office of Disciplinary Counsel for USCIS matters, or to EOIR for court matters.
- Will filing a complaint affect my application? According to USCIS, reporting fraud does not affect your application.
Official tools and documents
- EOIR free legal services list (PDF)
- Recognized organizations list (PDF) · Accredited representatives list (PDF) · State-by-state list (PDF)
- EOIR disciplinary list
- EOIR – “Read this before getting legal advice” brochure (PDF)
- Form G-28 (PDF) · Form EOIR-28 (PDF)
- Form EOIR-44: complaint against an attorney or representative (PDF)
- USCIS – Reporting fraud by state
- Related: 1.12 Fraud warnings
Sources
- USCIS – Finding legal services
- EOIR – Recognition and accreditation program
- USCIS – Common scams
- EOIR – Fraud prevention program
- New York Attorney General’s Office – Immigration services fraud
- EOIR – Free legal services list
- EOIR – Accredited representative lists
- Form I-589 instructions (PDF)
- EOIR – Disciplinary list
- USCIS – Form G-28
- USCIS – Reporting fraud
- EOIR – Contact
Page history
- The content was compiled from official sources and published.
Businesses come from the site’s Businesses section; they are not recommendations of the guide. This content is general information, not legal advice.
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