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Someone offered to prepare your immigration paperwork. Here is how to check they can

A practical method for confirming that the person preparing your immigration filing is a licensed attorney or a DOJ-accredited representative, and what to do when neither applies.

Someone offered to prepare your immigration paperwork. Here is how to check they can
A United States notary public witnesses signatures and administers oaths after paying a state fee. That authority does not include advising on immigration eligibility or choosing a form.
Two authorized categoriesFederal immigration practice recognizes licensed attorneys in good standing and non-attorney representatives accredited by the Department of Justice at a recognized organization. Everyone else is limited to clerical preparation.
The G-28 testForm G-28 is the notice that puts a representative on the record with the government. If nobody is willing to sign it and file it, nobody is representing you.
Bar records are publicEvery state publishes a searchable attorney licensing record showing admission date, current status, and public discipline. Search the individual by name, not the firm.

An attorney can be admitted but inactive, suspended, or resigned with charges pending. Read the status field rather than assuming that appearing in the database means practicing.

A working through of how immigration legal help is organized in the United States, who is authorized to give it, and what the money actually buys. Built from one household's petition and a work permit renewal.

The word notario carries different weight in different places. In much of Latin America a notario público is a licensed lawyer with real authority to draft and certify legal instruments; in the United States a notary public is a person who has paid a modest state fee to witness signatures and administer oaths, and nothing more. That gap is where a great deal of money and a great many cases have gone wrong. The check that closes the gap takes about twenty minutes and costs nothing, and it is worth doing before a single form is signed.

Only two categories of person can represent you

Federal immigration practice recognizes attorneys in good standing with the bar of any state, and non-attorney representatives who have been accredited by the Department of Justice while working for an organization the Department has formally recognized. That is the entire list for practical purposes. A notary public is not on it. Neither is a paralegal working independently, an immigration consultant, a travel agency that also files paperwork, or a church volunteer whose organization never completed the recognition process. Typing what you dictate onto a form is permitted; choosing which form, advising on eligibility, and signing as your representative are not.

What a careful reader checks first

Start with the name, spelled the way it appears on the office door and the way it appears on the paperwork, because those are sometimes different. Every state maintains a public licensing record for attorneys, searchable by name, showing admission date, current status, and any public discipline. Look for active status, not merely admitted, and read the discipline entries rather than counting them. A suspension five years ago for trust account irregularities is a different fact from a private reprimand for a missed deadline. If the person practices under a firm name, check the individual, since the firm name proves nothing about who will actually touch your file.

For non-attorneys, the Department of Justice publishes a roster of recognized organizations and accredited representatives. Two things must both be true: the organization appears on the list, and the individual appears under that organization. Accreditation is granted to a person at a place, so a representative who leaves a recognized nonprofit does not carry the credential to a storefront across town. Accreditation also comes in two levels, one limited to filings before the immigration agencies and one that extends to immigration court, and the roster shows which applies.

The questions that produce useful answers

Ask directly who will sign the Form G-28, the notice of entry of appearance, and whether it will be filed with the petition. An authorized representative files it as a matter of course; it is how the government knows to send correspondence to them. Ask for a bar number and the state, or the name of the recognized organization, and then verify it yourself rather than accepting a certificate on the wall. Ask what happens if the case is denied, and listen for whether the answer distinguishes a motion to reopen from an appeal. Vague reassurance in place of process is the tell.

What a bad filing actually costs

The damage is rarely just the fee. A form filed in the wrong category burns the government filing fee, which is not refunded, and it can burn a filing date that mattered. Worse, unauthorized preparers frequently sign the form as though no one prepared it, leaving the applicant's signature under a statement that everything in it is true, so the applicant owns every error. A false claim to United States citizenship checked in the wrong box, an asylum application filed to buy time on a case that never qualified, an inadmissibility ground papered over rather than waived: these follow a person for years and sometimes permanently. Fixing them costs several multiples of what competent help would have cost at the start.

The Federal Trade Commission is responsible for policing unfair and deceptive practices in consumer services, and immigration services have long been part of that remit; many state attorneys general run parallel enforcement. Reporting matters, and it is also slow. Verification beforehand is the faster remedy.

Keep the evidence of your check. A screenshot of the bar record or the roster entry, dated, filed with the retainer agreement and the receipt, takes a minute and gives you something concrete if the relationship ever needs unwinding. Most of the time it simply confirms what you were told, which is the outcome you are paying twenty minutes to secure.