Who can represent aliens in immigration proceedings?

Recently, the Executive Office for Immigration Review (EOIR) issued a Fact Sheet on who can represent aliens in immigration proceedings (The EOIR conducts administrative hearings to determine whether aliens should be ordered removed/deported from the United States or should be granted relief from removal, in order to remain in the US.).

In its Fact Sheet, the EOIR not only lists those persons and organizations who are authorized to represent aliens in immigration proceedings, but specifically and emphatically states that: “Notarios,” visa consultants, and immigration consultants cannot represent aliens in immigration proceedings.”

Thus, only the following persons or organizations can represent aliens in immigration proceedings:

1. Attorneys — This refers to an attorney who is licensed to practice law, and a member of good standing, of the bar of the highest court of any state, possession, territory, or commonwealth of the US, or District of Columbia.

2. Recognized organizations — These include non-profit, religious, charitable, social service, or similar organizations in the US that are “officially recognized by EOIR’s BIA” (Board of Immigrations Appeal). In order to be “officially recognized,” the organization must submit an application to the BIA, and obtain a favorable recommendation from DHS (Department of Homeland Security) for an approval.

3. Accredited Representatives — These include persons or organizations that are accredited by the BIA. In order to be accredited, they must be affiliated with an organization that has also been recognized by the BIA. The BIA maintains a list or roster of all recognized organizations and their accredited representatives.

4. Other qualified representatives — These include law students, “reputable individuals of good moral character who have a personal or professional relationship with the alien” (such as a relative, neighbor, clergy, who are assisting the alien without fee or payment), or an accredited official of the government (such as a consular officer). However, it is highly unlikely that a government official would ordinarily represent an alien in removal proceedings.

Again, on the Fact Sheet, the EOIR emphatically states that only the above listed persons or organizations may represent aliens, and that, “No one else can represent aliens in immigration proceedings.”

I know that many people seek the “services” of immigration or visa “consultants,” rather than retaining an attorney, thinking that they will save money. However, not only are consultants prohibited from representing aliens, they also cannot offer legal advice. To do so is a violation of the law (just as a person who is not a doctor cannot practice medicine or operate on you). More importantly, in many cases, when an alien follows the “advice” of an immigration or visa consultant, they typically end up messing their cases up even more. Then it costs even more money, time, and aggravation to undo the damage caused by the consultant’s “advice.” Also, you have to ask yourself, if the EOIR says that consultants cannot represent aliens, and the law states that they cannot offer legal advice, then why would you seek the services of someone who is breaking the law in order for you to “legalize” your status? That is why it is so important that you seek the advice of a reputable attorney, who is licensed to practice law, and offer legal advice, as well as representing you in immigration proceedings.  

*      *      *

WEBSITE: www.gurfinkel.com

 Four offices to serve you: PHILIPPINES: 8940258 or 8940239; LOS ANGELES; SAN FRANCISCO; NEW YORK: TOLL FREE NUMBER: 1-866-GURFINKEL (1-866-487-3465)