Immigration Lawyers: directory of firms

Form G-28 is the Notice of Entry of Appearance as Attorney or Accredited Representative. USCIS requires it to establish eligibility to represent a client in an immigration matter, and warns that if it is not filed properly the benefit request will be processed as though no representative existed at all.

USCIS lists four categories who may appear: licensed attorneys who are members in good standing of a US state or territory bar and not disbarred; foreign attorneys, who may only represent you in matters outside the United States; accredited representatives from an organisation on the Department of Justice list; and law students or graduates under the direct supervision of one of those, who cannot file the appearance independently.

USCIS is equally clear that you do not need a representative at all. You may file forms yourself and represent yourself before the agency.

The Recognition and Accreditation Program run by the Executive Office for Immigration Review lets non-attorney accredited representatives appear before the Department of Homeland Security and EOIR. Its stated purpose is to increase the availability of competent immigration legal representation for low-income and indigent people, and its standards sit in federal regulations at 8 C.F.R. sections 1292.11 to 1292.20.

Only non-profit, federally tax-exempt organisations can apply for recognition, and an accredited representative works through such an organisation rather than in private practice. For many people, a recognised organisation is the better option on cost alone. For complex cases with criminal history, prior removals or litigation in federal court, an attorney is usually the right choice. Either way the credential is checkable: EOIR publishes the roster of recognised organisations and accredited representatives.

A notice to appear in immigration court changes the picture completely. Removal proceedings run on the immigration judge's calendar, missing a hearing can result in an order of removal in absentia, and appeal deadlines are short and strictly applied. Someone in detention needs counsel faster than someone with a pending benefit application.

There is no appointed counsel in immigration court the way there is in criminal court, which is why EOIR publishes a List of Pro Bono Legal Service Providers, updated in January, April, July and October. Providers on it commit to at least fifty hours a year of free service at a particular immigration court. EOIR states that it does not endorse anyone on the list and takes no responsibility for the representation, so the list is a starting point, not a recommendation.

A real first meeting starts with immigration history rather than with which form to file: every entry and exit, every prior application and its outcome, every arrest anywhere in the world including charges that were dismissed, and the immigration status of the relatives the case may depend on.

Ask specifically who will sign the G-28 and who will actually prepare the filing. Ask what happens to your money if the law changes or if the agency issues a request for evidence. Ask what the fee does not cover, since government filing fees, biometrics and medical examinations are paid separately from the legal fee.

Finally, keep your own file. Copies of everything filed, the receipt notices with their numbers, and a record of every payment are what let a second lawyer pick up the case if the first one stops answering.