Getting a lawyer or accredited representative
Only two kinds of people may lawfully represent someone in an immigration case: attorneys in good standing, and non-attorneys accredited by the Department of Justice through a recognised nonprofit. Everyone else - notarios, consultants, form preparers - is committing a crime in most states and is the single largest source of ruined immigration cases.
Para quién es. Anyone with an immigration case, and the organisations that want to help them.
Los formularios, en orden
- 1
Check the representative is a licensed attorney or DOJ-accredited
EOIR publishes lists of recognised organisations, accredited representatives, and disciplined practitioners.
- 2
Have them file the right appearance form
- 3
For limited help with a single document, use the limited appearance forms
- 4
If you cannot afford a lawyer, use the pro bono list
EOIR gives every person in immigration court a list of free legal service providers; organisations join it on Form EOIR-56.
- 5
If a representative has harmed your case, complain
Ineffective assistance can also be a ground to reopen a case, but it requires following the Matter of Lozada steps, which include filing the complaint.
Dónde suele fallar
- A notario is not a lawyer. In Latin America a notario público is a qualified lawyer; in the United States a notary public is not, and the confusion is deliberately exploited.
- Never sign a blank form and never let someone keep your original documents.
- Always get a copy of everything filed on your behalf and the receipt notice.
- An unauthorised preparer who files a frivolous asylum application can permanently bar you from any immigration benefit.
Qué cambió en 2025 y 2026
- EOIR tightened the rules on withdrawing an appearance, so representatives think harder before entering one.
- Forms EOIR-31 and EOIR-31A were revised in February 2025 and Form EOIR-28 in February 2025.