Who may lawfully represent you

Only two categories of person can represent you before USCIS or the immigration courts:

1. Attorneys — members in good standing of the bar of any US state, territory, possession or the District of Columbia, and not subject to any order restricting their practice.
2. DOJ-accredited representatives — individuals working for a DOJ/EOIR-recognised nonprofit, religious, charitable or social-service organisation. Accreditation runs in three-year terms, so current accreditation must be checked, not just past accreditation.

Nobody else. Not a consultant. Not a translator. Not a notary.

How to verify, in order

1. Check the state bar. Every US state bar has a free online lookup. Verify the licence and standing with the bar of the state the person claims. Takes two minutes.

2. Check the EOIR List of Currently Disciplined Practitioners. A national list of attorneys and accredited representatives suspended, disbarred or otherwise restricted from practising before EOIR, USCIS and the BIA. Check this even if the state bar shows "active" — a practitioner can be in good standing with a bar and still be barred from immigration practice.

3. For non-attorneys, check the EOIR Recognition and Accreditation roster. This is the official list of recognised organisations and accredited representatives.

4. AILA membership is a signal, not a licence. The American Immigration Lawyers Association is a voluntary professional body. Membership indicates a practising immigration attorney and is a reasonable positive sign. It is neither required to practise nor a substitute for a bar check.

5. Insist on Form G-28. A legitimate representative files a Notice of Entry of Appearance with USCIS. No G-28 filed means they are not your legal representative, whatever they have told you and whatever you have paid.

Notario fraud

This is the specific scam that targets immigrant communities, and it works because of a genuine translation problem.

In most civil-law countries, including much of Latin America, a notario público is a highly qualified lawyer with significant legal authority. In the United States, a notary public is merely a person authorised by a state to witness signatures and administer oaths.

USCIS puts it directly: "a notario público is not authorized to provide you with any legal services related to immigration."

The same applies to operators styling themselves "immigration consultants", "visa consultants" or "petition preparers". They may lawfully type what you dictate onto a form. They may not advise you which form to file, what to claim, or how to answer a question. Charging for legal advice without a licence is the unauthorized practice of law.

The damage is rarely just the fee. A wrongly filed application can create a record of misrepresentation that follows you for years.

Questions to ask before you hire

About the case:

• How many cases of this exact type have you handled in the last two years?
• What is your assessment of the weaknesses in my case?
• What is the realistic timeline?
• What happens if there is a Request for Evidence — is that included?
• What happens if it is denied — is an appeal or refiling included?

About the arrangement:

• Is this a flat fee or hourly?
• What exactly does it cover, and what is extra?
• Are government filing fees included? (They are usually not.)
• Who will actually work on my case — you, or a paralegal?
• How do I reach you, and what is your response time?

Then get it in writing. A written retainer agreement setting out scope and fee. Receipts for everything. Never pay cash without a receipt.

Warning signs

• Guarantees a specific outcome. Nobody can.
• Claims a special relationship with USCIS or a judge.
• Tells you to sign a blank form.
• Will not give you copies of what was filed on your behalf.
• Advises you to say something untrue, however small.
• Pressures you to decide immediately.
• Refuses to file a G-28.

Where to report

Body	Route	For
EOIR Fraud and Abuse Prevention Program	[email protected] · 703-305-0289	Unauthorized practice of immigration law; misconduct by attorneys or accredited representatives
Federal Trade Commission	reportfraud.ftc.gov	Fraudulent business practices
State attorney general	Varies by state	Immigration services fraud; many states separately license and bond consultants
State bar association	Bar of the state of admission	Attorney misconduct and fee disputes
National Human Trafficking Hotline	888-373-7888	Where fraud shades into coercion

USCIS states expressly that reporting fraud will not negatively affect your application. That fear is the main reason this goes unreported.