How to Choose an Immigration Lawyer You Can Trust

By Elliot Rahimi

Selecting an immigration lawyer requires careful consideration to ensure you receive qualified representation. Verify credentials, understand their experience with your specific case type, and be wary of "notarios." Look for attorneys licensed in the U.S. or accredited representatives recognized by the Department of Justice to avoid scams and ensure proper legal guidance.

Navigating the complexities of U.S. immigration law can be daunting, making the choice of legal representation a critical decision. It is essential to select a qualified immigration lawyer who is properly authorized to represent you before government agencies like U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR).

Who Can Represent You?

Only specific categories of individuals are authorized to represent you in immigration matters. These include:

Attorneys: A licensed attorney in good standing with a U.S. state or territory bar, who is not disbarred or restricted from practicing law, and is eligible to practice in the United States.
Foreign Attorneys: Licensed and in good standing in their home country, residing there, and practicing law there. However, they can only represent you in matters occurring outside the United States.
Accredited Representatives: Individuals accredited by the Department of Justice’s Executive Office for Immigration Review (EOIR) and working for a DOJ-recognized organization.
Law Students or Graduates: Under the supervision of a licensed attorney or accredited representative. They cannot file their own notice of appearance; their supervisor must file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, and list the student or graduate.

It is crucial to distinguish these authorized representatives from "notarios" or "notario público." While these terms may denote legal credentials in some foreign countries, in the United States, notaries public are not attorneys and cannot represent you in legal matters, including immigration cases.

What Can a Representative Do?

An authorized representative can assist you by:

Advising you on which forms to file and when.
Providing guidance on necessary documents and evidence.
Explaining your available immigration options.
Helping you complete USCIS forms.
Receiving certain correspondence on your behalf if they have a U.S. business address.
Accompanying you to USCIS interviews and appointments.
Communicating with USCIS regarding your case.

How to Find a Qualified Representative

Several resources can help you find a legitimate immigration attorney or accredited representative:

Department of Justice (DOJ) Lists: The DOJ provides lists of attorneys offering services for free or low cost, as well as lists of accredited representatives and recognized organizations.
American Bar Association (ABA): The ABA offers information on finding an attorney in your state and provides links to state agencies that regulate attorneys.

Before hiring an attorney, it is advisable to ask to see their current licensing document and verify their eligibility to practice law with the state agency where they are licensed.

Avoiding Scams and Misconduct

The immigration process can be complex, leaving individuals vulnerable to scams and fraud. USCIS advises caution regarding individuals or businesses that claim to be immigration experts or have special government connections.

Be wary of:

Individuals who complicate the immigration process to confuse you.
Those using social media, email, or phone calls for fraudulent activities.
Impersonators of government officials.
Emails with typos, incorrect spellings, or those not ending in a ".gov" domain.
Offers to expedite your case for money or promises of quick benefits.
Requests to transfer money to an individual or pay fees outside of official channels like your myUSCIS account.

If you suspect misconduct or fraud, you can report it to the jurisdiction where the attorney is licensed or to the DHS Disciplinary Counsel by submitting Form EOIR-44 or emailing DisciplinaryCounsel@uscis.dhs.gov.

Key Considerations

When choosing a representative, consider their experience with your specific immigration matter, whether it’s permanent residency, deportation defense, or another area. Understanding the qualifications and ensuring they are authorized to practice is paramount to protecting your rights and navigating the immigration system successfully.

Conclusion

Choosing the right immigration lawyer is a crucial step in your immigration journey. By verifying credentials, understanding who can legally represent you, and being vigilant against scams, you can secure competent and trustworthy legal assistance. If you need assistance with your immigration case, reaching out to a qualified legal professional is recommended.

You have the right to be represented in immigration court at no expense to the government, and the judge will inform you about pro bono legal service providers. For more on what to expect, see What Happens at an Immigration Court Hearing.

Frequently asked questions

Who is authorized to represent me in immigration matters before USCIS?

Only attorneys licensed in the U.S., accredited representatives from DOJ-recognized organizations, or supervised law students/graduates can represent you before USCIS. Foreign attorneys can only represent you in matters outside the U.S. ‘Notarios’ are not authorized to represent you in U.S. immigration cases.

What should I do if I suspect my immigration lawyer is committing fraud?

You can report misconduct to the jurisdiction where the attorney is licensed, typically the state bar association. If the misconduct occurred before the Department of Homeland Security (DHS), you can also submit a complaint to the DHS Disciplinary Counsel using Form EOIR-44 or via email.

Can I represent myself in immigration court?

Yes, you have the right to represent yourself (proceed pro se) in immigration court. However, the Immigration Judge will advise you of your rights and the availability of pro bono legal services.

What is the difference between a "notario" and a U.S. attorney?

In the United States, a notary public (often referred to as a "notario" in some contexts) is not an attorney and cannot provide legal representation for immigration cases. Licensed attorneys have specific legal credentials and are authorized to represent clients in legal matters.

Where can I find a list of accredited representatives or low-cost legal services?

The Department of Justice’s Executive Office for Immigration Review (EOIR) provides lists of accredited representatives and recognized organizations, as well as lists of attorneys who offer immigration services for free or at a low cost. The American Bar Association also offers resources for finding legal services.

Sources

About the Author

Elliot A. Rahimi, Esq. is the founder and managing attorney of the Rahimi Law Firm, known for his extensive experience in handling a wide range of immigration and litigation cases. He regularly represents clients before Immigration Courts and USCIS, vigorously working to secure immigration relief and legal status. With a strong track record, Mr. Rahimi excels in winning appeals and motions before the Board of Immigration Appeals and the U.S. Court of Appeals for the 2nd Circuit. His expertise also covers transactional immigration matters, including various visa categories and family-based petitions. Admitted to practice in New York, he is an active member of the New York Bar Association, American Bar Association, and American Immigration Lawyers Association. Mr. Rahimi graduated from the Benjamin N. Cardozo School of Law, where he was involved in the Moot Court Honor Society and competed internationally. In his free time, he enjoys traveling and spending quality time with his family.