Key points
- Only certain people may represent you before USCIS: a lawyer in good standing with a U.S. state, territory or D.C. bar, an accredited representative of a DOJ-recognized organization, or a supervised law student or graduate.[1][2]
- USCIS advises asking to see a lawyer's current licensing document and checking with the state agency that licensed the lawyer before you hire.[1]
- The Justice Department publishes a roster of accredited representatives and recognized organizations, and a list of practitioners currently disciplined by the immigration courts.[3][4]
- Immigration law is federal: the definition of attorney for USCIS and the immigration courts accepts bar membership in any U.S. state, territory or D.C.[5][6]
- Anyone else may give only limited help filling out forms, may not give legal advice, and may charge only a nominal fee.[1]
Before you hire anyone for an immigration case, check two things: that the person belongs to one of the groups allowed to represent you, and that their license or accreditation is current. For a lawyer, that means looking them up with the state that licensed them; for a non-lawyer who says they are accredited, it means finding them on the Justice Department's roster.[1][7] Most of these checks can be done online at no cost.
Who is allowed to represent you
Federal rules limit who may represent a person in an immigration case. USCIS sums them up on its legal services page, and the rules themselves are in 8 C.F.R. 292.1.[1][2]
| Who | What they must be | Where to check |
|---|---|---|
| Attorney | A member in good standing of the bar of the highest court of a U.S. state, territory or commonwealth, or D.C., not under any order restricting their practice.[5] | The licensing agency of the state where the lawyer is admitted.[1] |
| Accredited representative | A non-attorney accredited by the Justice Department who works through a recognized non-profit organization.[8] | EOIR's roster of accredited representatives and recognized organizations.[3] |
| Law student or recent graduate | Works under the direct supervision of a faculty member, licensed attorney or accredited representative in a law school or non-profit clinic, without pay from you.[9] | Ask which clinic and which supervising lawyer. |
| Reputable individual | Appears case by case, without pay; not available to anyone who regularly does immigration work or advertises it.[10] | Ask on what basis they appear. |
Everyone else is limited. USCIS says people outside these groups may give limited help filling out forms, but cannot represent you or give legal advice, and can charge only a nominal fee.[1] That includes notarios and so-called immigration consultants; who is allowed to help with your case covers them in detail.
Does the lawyer have to be licensed in my state?
For federal immigration matters, the rules look to bar membership in any state. The federal definition of attorney used by DHS covers a member in good standing of the bar of the highest court of any U.S. state, possession, territory or commonwealth, or D.C.[5] Any attorney who meets that definition may represent a person before DHS, which includes USCIS.[2] The immigration courts use the same definition of attorney, and their rules also provide for attorneys to register with EOIR.[11][6]
That is why a lawyer's state of admission matters less in immigration than in other areas of law, as long as the work stays federal. Joya Law Firm is an example: Attorney Kamran Joya is admitted in New York, and in California the firm practices federal immigration law only.
How to check a lawyer, step by step
- Get the lawyer's full name and the state or states where they are admitted. A lawyer should be able to tell you this without hesitation.
- Ask to see the current licensing document and verify it with the state. USCIS advises both steps before you hire.[1] Use the official lookup of the state's court system or bar, not a directory or review site.
- Ask the state bar about discipline. USCIS suggests checking with the lawyer's state bar whether they have been disciplined or disbarred.[7]
- Check the immigration courts' own list. The Executive Office for Immigration Review (EOIR), the Justice Department office that runs the immigration courts, publishes a List of Currently Disciplined Practitioners, with a link to a list of previously disciplined practitioners. It was last updated on November 10, 2026, when this guide checked it.[4]
- Once you hire, keep the paperwork. A representative files Form G-28, the notice of appearance, with your application, petition or appeal, and you sign it to authorize the representation.[1][12] Ask for a copy.
A worked example: looking up a New York lawyer
New York publishes its attorney registrations as an open dataset, NYS Attorney Registrations, on the State's data.ny.gov website.[13] Each record lists the lawyer's registration status and the year the lawyer was admitted.[14]
For example, the record for registration number 6169411 shows Kamran Joya of Joya Law Firm in Walnut Creek, California, year admitted 2025, status "Currently registered," with the next registration due in May 2027.[14] A registration record and a discipline check answer different questions, so do both.[7] Other states have their own official lookups; start from the state's court system or state bar website.
How to check an accredited representative
Accredited representatives are non-attorneys accredited through EOIR's Recognition and Accreditation (R&A) Program. They may represent people before DHS and the immigration courts, but only through a recognized organization, and only non-profit, federally tax-exempt organizations can be recognized.[8]
EOIR publishes roster reports that list recognized organizations, accredited representatives, and both by state.[3] If someone tells you they are an authorized representative, USCIS suggests checking the R&A program's roster.[7] Two things should match: the person's name on the list of accredited representatives, and the organization they work for on the list of recognized organizations. Someone who claims accreditation but works for a for-profit business does not fit those rules.[8]
Warning signs before you pay anyone
- Promises and connections. USCIS warns that some people and businesses pretend to be immigration experts or say they have special connections to the government.[1]
- A notario title. USCIS says a notario público is not authorized to provide legal services related to immigration.[7]
- Blank or false forms. USCIS advises never signing a blank form or a form with false information, and reviewing every form before you sign.[7]
- No copies. USCIS advises asking for receipts and copies of every form prepared for you and every notice from USCIS.[7]
- Charging for blank forms. USCIS forms are free on its website.[7]
- Holding your originals. California's Attorney General warns that someone holding your original documents may lose them or refuse to return them unless you pay.[15]
- No written terms. A lawyer should explain in writing what the fee covers; what an immigration lawyer costs lists what a clear quote includes.
If you were cheated, USCIS says you can always report a scam to the Federal Trade Commission, and should also tell local police if you lost money or property.[16]
After the check
Once you know the person is allowed to represent you, the next question is whether they are the right fit for your case. A first meeting is where you find that out: your first consultation covers what to bring and what to ask. If cost is the obstacle, free and low-cost immigration legal help explains where non-profit help is listed.
Common questions
Can a lawyer licensed in another state handle my immigration case?
For federal immigration matters, usually yes. The federal definition of attorney used by USCIS covers a member in good standing of the bar of the highest court of any U.S. state, territory or D.C., and the immigration courts use the same wording.[5][6] Representation before the immigration courts also involves registering with EOIR under its rules.[11] State-law questions, such as a state criminal or family case, are a different matter.
What is an accredited representative?
A non-attorney accredited by the Justice Department's Executive Office for Immigration Review to represent people before DHS and the immigration courts. Accredited representatives may work only through recognized organizations, and only non-profit, federally tax-exempt organizations can be recognized.[8] You can look them up in EOIR's roster reports.[3]
Can a paralegal or document preparer give me immigration advice?
Not on their own. USCIS says people outside the representative categories may give limited help filling out forms, but cannot represent you or give legal advice, and can charge only a nominal fee.[1] A paralegal at a law firm assists the lawyer; the legal advice should come from the lawyer.
How do I find out whether a lawyer has been disciplined?
Check two places. USCIS suggests asking the lawyer's state bar whether the lawyer has been disciplined or disbarred.[7] The Executive Office for Immigration Review also publishes a List of Currently Disciplined Practitioners and links to a separate list of previously disciplined practitioners.[4]
Do I have to hire anyone at all?
No. USCIS says you do not need a representative to file forms with it and may represent yourself, though USCIS does not provide or pay for representation.[1] Whether going alone is wise depends on the case.
Sources
- USCIS, Legal Services — uscis.gov
- 8 C.F.R. § 292.1(a)(1)-(4) — Legal Information Institute, Cornell Law School
- EOIR, Recognition and Accreditation (R&A) Roster Reports — U.S. Department of Justice
- EOIR, List of Currently Disciplined Practitioners — U.S. Department of Justice
- 8 C.F.R. § 1.2 — Legal Information Institute, Cornell Law School
- 8 C.F.R. § 1001.1(f) — Legal Information Institute, Cornell Law School
- USCIS, Common Scams — uscis.gov
- 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
- 8 C.F.R. § 292.1(a)(3) — Legal Information Institute, Cornell Law School
- 8 C.F.R. §§ 1292.1(a)(1), 1001.1(f) — Legal Information Institute, Cornell Law School
- 8 C.F.R. § 292.4(a) — Legal Information Institute, Cornell Law School
- State of New York, data.ny.gov, NYS Attorney Registrations (dataset eqw2-r5nb) — State of New York
- New York State Unified Court System, NYS Attorney Registrations (data.ny.gov dataset eqw2-r5nb), registration 6169411 — State of New York
- California Department of Justice, Office of the Attorney General, Immigration: Protect Yourself from Immigration Scams — oag.ca.gov
- USCIS, Report Immigration Scams — uscis.gov