Key points
- The government does not pay for your lawyer: in removal proceedings you may be represented by counsel of your choice at no expense to the government, and USCIS does not provide or fund representation.[1][2]
- The immigration courts publish a List of Pro Bono Legal Service Providers, updated quarterly, and give it to people in proceedings.[3]
- Non-profit organizations recognized by the Justice Department, and their accredited representatives, may represent you before USCIS and the immigration courts.[4]
- Supervised law students in law school or non-profit clinics may also represent people, without pay from the client.[5]
- EOIR does not endorse the providers on its lists, so check a provider's standing yourself before you rely on them.[3][6]
If you cannot afford a private lawyer, free and low-cost immigration help is available from non-profit organizations, their accredited representatives, volunteer (pro bono) lawyers and law school clinics. The government does not pay for it: in removal proceedings you may be represented by counsel of your choice at no expense to the government, and USCIS says it does not provide or fund representation.[1][2] So the work of finding help falls to you, and the official lists below are the safest place to start.
Is there a right to a free lawyer in immigration court?
No. The immigration statute gives a person in removal proceedings the privilege of being represented by counsel of their choice who is authorized to practice there, at no expense to the government.[1]
The law does require the government to point you toward help. A Notice to Appear must tell you that you may be represented by counsel, that you will be given time to find counsel, and that a current list of counsel will be provided. The Attorney General keeps lists, updated at least quarterly, of people who have said they are available to represent people pro bono.[7] What a Notice to Appear means explains the rest of that document.
Where free and low-cost help is listed
| Source | What it is | Where to find it |
|---|---|---|
| Pro bono providers for immigration court | Non-profit organizations and attorneys who have committed to at least 50 hours a year of pro bono work before the immigration court where they are listed, plus pro bono referral services.[3] | EOIR's List of Pro Bono Legal Service Providers, published quarterly.[3] |
| Recognized organizations and accredited representatives | Non-profit, federally tax-exempt organizations recognized by the Justice Department, whose accredited non-attorney staff may represent people before DHS and the immigration courts.[4] | EOIR's roster reports, including a list by state.[8] |
| Law school clinics | Law students and recent graduates who represent people under the direct supervision of a faculty member, licensed attorney or accredited representative, without pay from the client.[5] | Ask the law schools near you whether they run an immigration clinic. |
| Other non-profit legal aid | In California, the Attorney General says many non-profit organizations provide free immigration help to low-income people and points to lawhelpca.org to find one nearby.[9] | Your state's legal aid directory or the state attorney general's website. |
USCIS's own legal services page links to the same Justice Department resources: the list of attorneys who provide immigration services free or at little cost, the list of accredited representatives and recognized organizations, and the list of currently disciplined practitioners.[2]
What "pro bono" means here
EOIR uses the definition in its regulations: pro bono legal services are uncompensated services for people who cannot afford them, or for the public good, without any expectation of payment, including referral fees, other than filing fees or photocopying and mailing costs. EOIR also says the list may not be used to solicit paid legal services.[10] If someone you found on the list asks for a legal fee, ask why before you agree to anything.
Government filing fees are a separate cost. USCIS accepts fee waiver requests on Form I-912 for certain forms and services, based on a demonstrated inability to pay, and says it cannot waive fees required by H.R. 1.[11] What an immigration lawyer costs explains how legal fees and government fees fit together.
Check a free provider the same way you would check a paid one
Being on a government list is not a recommendation. EOIR says the information on the pro bono list and the roster comes from the providers themselves, that it does not endorse any of them, and that it is not responsible for their representation decisions or performance.[3] Before you hand over documents:
- For a lawyer, verify the license with the state agency where the lawyer is admitted.[2]
- For an accredited representative, find the person on EOIR's Accredited Representative Roster.[6]
- For anyone, check EOIR's list of currently disciplined practitioners.[12]
- Beware of look-alikes. A notario or immigration consultant is not a free legal aid provider; USCIS says a notario público is not authorized to provide legal services related to immigration.[6]
How to check an immigration lawyer or accredited representative walks through each step.
Waiting lists and the dates on your notices
Free providers may have waiting lists or take only certain kinds of cases. Looking for help does not change the dates on your notices. If USCIS sends a Request for Evidence or a Notice of Intent to Deny and no response arrives by the date it sets, USCIS may deny the case as abandoned, on the record, or both.[13] When you contact a provider, lead with the date: a hearing date, a response date, or the date you entered the United States if you may apply for asylum.
When a private firm may be the better fit
Use free and low-cost help if you cannot afford a private lawyer. That is what it exists for. If you can afford one, or if the non-profits near you cannot take your kind of case in time, a consultation with a private firm is another option. Either way, the questions are the same: who is allowed to represent you, what exactly they will do, and what it will cost in total. Do I need an immigration lawyer? can also help you decide whether you need representation for your filing at all.
Common questions
Will the government give me a free lawyer in immigration court?
No. The statute gives a person in removal proceedings the privilege of being represented by counsel of their choice who is authorized to practice there, at no expense to the government.[1] In practice, that means finding a lawyer or an accredited representative yourself, paid or free. The Notice to Appear tells you that you may be represented and that a list of counsel will be provided.[7]
Do free providers charge anything at all?
Pro bono services, as EOIR's rules define them, are uncompensated, with no expectation of payment other than filing fees or photocopying and mailing costs.[10] Government filing fees are separate and still apply unless you qualify for a fee waiver on a form that allows one.[11] Ask any provider what, if anything, you will be asked to pay.
Can an accredited representative represent me in immigration court?
Yes. Federal regulations allow accredited representatives to represent people before DHS and before the Executive Office for Immigration Review, which includes the immigration courts and the Board of Immigration Appeals. They provide services only through recognized organizations.[4]
Can a law student handle my case?
A law student or recent law graduate can represent you under conditions, including working under the direct supervision of a faculty member, licensed attorney or accredited representative in a law school or non-profit clinic, and without pay from you.[5] Ask which lawyer supervises the clinic.
What if every free provider is full?
Ask to be put on a waiting list and ask for a referral, then keep looking: the List of Pro Bono Legal Service Providers also includes referral services.[3] If a date on a notice is close, tell every provider about it. A paid consultation with a private firm is another option if you can afford one.
Sources
- 8 U.S.C. § 1362 — Legal Information Institute, Cornell Law School
- USCIS, Legal Services — uscis.gov
- EOIR, List of Pro Bono Legal Service Providers — U.S. Department of Justice
- EOIR, Recognition and Accreditation (R&A) Program; 8 C.F.R. § 1292.1(a)(4) — U.S. Department of Justice
- 8 C.F.R. § 292.1(a)(2) — Legal Information Institute, Cornell Law School
- USCIS, Common Scams — uscis.gov
- 8 U.S.C. § 1229(a)(1)(E), (b)(2) — Legal Information Institute, Cornell Law School
- EOIR, Recognition and Accreditation (R&A) Roster Reports — U.S. Department of Justice
- California Department of Justice, Office of the Attorney General, Immigration — oag.ca.gov
- EOIR, List of Pro Bono Legal Service Providers (quoting 8 C.F.R. § 1003.61(a)(2)) — U.S. Department of Justice
- USCIS, Form I-912, Request for Fee Waiver — uscis.gov
- EOIR, List of Currently Disciplined Practitioners — U.S. Department of Justice
- 8 C.F.R. § 103.2(b)(13)(i) — Legal Information Institute, Cornell Law School