how to offer immigration services not lawyer

by Chauncey Jones 6 min read

Non-attorneys may practice immigration law for a fee only if they work for a not-for-profit agency. The agency must be recognized to provide immigration law services by the Board of Immigration Appeals. And, the BIA must accredit the person providing the legal advice.

Full Answer

Can an immigration lawyer accept clients from other states?

And even if they remain in the same state, they may accept clients from other states or countries. Some differences in interpretation of U.S. immigration law exist between the various federal circuits. (The U.S. federal courts are divided into 13 "circuits," based on region; and many immigration matters can be appealed to those courts.)

What services do immigration lawyers provide?

They provide: Legal services to help immigrants navigate the immigration system. Accredited representatives can assist clients in preparing forms and are also allowed to attend USCIS interviews with their clients.

Do I need immigration legal advice?

This person should only charge you a small fee and should not claim to have special knowledge of immigration law and procedure. If you are not sure what immigration benefit to apply for, or which USCIS forms to submit, then you may need immigration legal advice from an authorized service provider.

Where can I find a free immigration lawyer?

The EOIR provides a listing of attorneys in your state who provide immigration services either for free or for little cost. They also provide a list of accredited representatives and recognized organizations. The American Bar Association also provides information on finding legal services.

image

How do I become an immigration preparer?

How do I become a California immigration consultant?File an Immigration Consultant Disclosure form with the Secretary of State.Submit fingerprints and pass a background check.Submit a 2" x 2" color passport photo.Submit a copy of a current photo ID (driver's license or U.S. passport).File a $100,000 bond.

How much can you charge to fill out immigration forms?

Most Form I-90 applications require a USCIS filing fee of $455 plus a biometric screening fee of $85. In some limited cases, certain applications may require no fee. To determine your exact fee, choose the reason why you are filing: Choose the reason why you are filing Form I-90.

Are immigration consultants legal?

Immigration consultants are required by law to register and file a $100,000 bond with the Secretary of State. Check on an immigration consultant's bond online or call 916-653-3984. If you can't find the consultant's bond, they may not have a bond or the consultant may not be reputable. Get a written contract.

How do I become an immigration consultant in the US?

The requirements to become an immigration consultant differ according to the country in which you will work. Taking training courses, getting a law degree, and applying for membership in your country's immigration services association are important steps on the path to become an immigration consultant.

Can a paralegal do immigration?

Paralegals can prepare your paperwork, but cannot go to court or immigration interviews with you. They also can't go to an immigration office to discuss your case with officers and supervisors like lawyers can.

Can I file my own immigration papers?

You can file Form I-130 either online or via mail. To file online, you need to create an online account with USCIS. This will also make it easier to receive case alerts, check your status, upload supporting evidence and see all case correspondence.

How do I start an immigration consultant business?

9 Tips To Start A Successful Immigration Consultancy BusinessChoose The Right Location. ... Conduct Accurate Cost Analysis. ... Sort Out The Finances For Your Business. ... Accept information & ideas from experts. ... You Have To Create A Thorough Business Plan. ... Improve Ways of communication. ... Help Others Without Expecting Much in Return.More items...•

What do immigration consultants charge?

According to various research reports, The immigration consultants charge in India is about 50,000 to 1,50,000 . It totally depends on the company you go to. If you go for a very popular company that guarantees results, the immigration consultants charge in India is slightly higher.

What is the difference between immigration lawyer and immigration consultant?

Services: When it comes to practicing immigration law, lawyer and consultants can offer most of the same services. Lawyers however can represent a client in federal court for complicated cases, whereas a consultant can only go up to the appeal tribunal level when there is an issue with an application.

How long is immigration consultant course?

Along the duration of six months program, and four weeks internship/placement, students learn both the theoretical and practical aspects of the profession required to analyze clients' cases, advise and represent potential immigrants and refugees before the Immigration, Refugees and Citizenship Canada (IRCC), the ...

What does an immigration specialist do?

Immigration specialists are typically lawyers or paralegals at law firms who assist foreign nationals with immigration procedures. They help applicants apply for work permits, citizenship, adoptions, or deal with homeland security issues.

How much does an immigration attorney cost?

While US immigration attorneys cost $100 to $300 and more an hour, there are times when you will want to consult with an attorney. For example, if there is something in your situation which may make it hard for you to get approved by the USCIS, you will need to speak with a US immigration attorney.

What to do if your immigration petition is rejected?

As well, if your immigration petition is rejected or if the Department of Homeland Security or USCIS accuse you of doing something illegal, a US immigration attorney is very important; he or she can help you prove your innocence. Post navigation.

Can I apply for a green card without an attorney?

You can even apply for a green card or for citizenship this way, without the services of an attorney. If you have trouble completing the forms or understanding the forms, there are many resources to help you. Some communities have organizations that help newcomers and these organizations often can offer language help that lets you fill out forms ...

Is the immigration process complicated?

The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. While there are many resources to help individuals going through the US immigration process, the process can be so complicated and expensive that many immigration applicants wonder whether they need to hire a US immigration attorney in order ...

Can I apply for citizenship without a lawyer?

The good news is that the USCIS makes it simple to apply for most immigration processes and even citizenship without a US immigration attorney.

How to market your immigration business?

1. Direct mail: sending direct mails is still one of the most powerful ways you can market your immigration service business, due to the fact that is it targeted to the audience that you would like to reach.

How to get back to a prospective customer?

Emphasize the benefits that your services have to offer and then make it easy for your prospective customer to be able to get back to you. Give your phone number, e-mail address and website URL–and include a postage-paid postcard or envelope, too, so it’s impossible not to get back to you if the interest is there. 2.

What to do if you find out your time is not enough?

If for any reason you find out that the time you gave to a client was not enough, you should do your best to communicate to the client instead of letting the client reach out to you first to enquire why you have not delivered on your promise. Author. Recent Posts.

What happens if you don't have leads?

If you do not have any leads or do not have enough of them, then your business is likely to sink. You need to make sure that your business has a steady influx of leads, though a lot of the leads may not go on to fully use your services and some may even want something for free. There are a number of ways by which you can market your consulting ...

Should you engage your clients on a regular basis?

You should engage them on a regular basis concerning the expectations they have and the reality on ground. This is applicable in all the stages of your relationship and engagement with your clients. Even in the best conditions, it can be very difficult to attain all your project milestones all the time.

Can you be charged for unauthorized practice of law?

A. No. You would be engaging in the "unauthorized practice of law" and you might face criminal charges. To the consternation of many lawyers, government officials rarely have the resources to enforce UPL laws. The exception is where a person runs a big operation and/or grossly abuses their "clients.".

Can I open an immigration law office in New Jersey?

Still, if you are a law abiding person, you won't open an immigration law consulting office. Each state has its own laws defining what is the unauthorized practice of law. In New Jersey, you would violate the law if you give legal advice or prepare, review or complete immigration forms. New York State has similar laws.

Can you get permanent residence if you commit fraud?

However, depending on your age at entry, if you later apply for permanent residence, USCIS may claim that you committed fraud at entry. Even if the USCIS finds that you committed fraud, you might still get permanent status, but you would need a fraud waiver. Most Read.

Can a non-attorney practice immigration law?

Non-attorneys may practice immigration law for a fee only if they work for a not-for-profit agency. The agency must be recognized to provide immigration law services by the Board of Immigration Appeals. And, the BIA must accredit the person providing the legal advice. Q. I qualify for the Obama deferred action program.

Can an IPS tell you how to complete an immigration form?

But an IPS cannot tell a person how to complete an immigration form, or even tell a person which form to use.

Can I work while on an immigrant visa?

A. Yes. It can't hurt your immigrant visa case, and it may help. Depending on your visa category, it could be many years before you qualify for your immigrant visa interview. Meanwhile, with deferred action status, you can work and if you have an urgent need to travel, you might qualify for USCIS travel permission.

Become an Authorized Provider

Anyone wishing to provide the public with immigration services must be authorized by the Department of Justice (DOJ)'s Office of Legal Access Programs (OLAP). Visit the OLAP’s Recognition and Accreditation Program page to learn how an organization can apply for recognition and accreditation (R&A).

USCIS Role in Review

OLAP offers USCIS the opportunity to review applications for applicants' qualifications.

Why Become Authorized?

DOJ-recognized organizations and accredited representatives provide essential support to USCIS and the public. They provide:

What is an authorized immigration service provider?

Authorized immigration service providers are: Representatives accredited by the Department of Justice (DOJ)’s Office of Legal Access Programs (OLAP) and working for DOJ-recognized organizations; and. Attorneys in good standing who are not subject to any order restricting their ability to practice law.

Who can represent you before USCIS?

An attorney or a DOJ-accredited representative can represent you before USCIS. Your legal representative must file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with the related application, petition or appeal.

What is an accredited representative?

An accredited representative must work for a DOJ-approved nonprofit, religious, charitable, social service or similar organization established in the U.S. An recognized organization must primarily serve low-income/indigent clients and provide its fee waiver policy for those unable to pay.

What is the legal requirement to represent you before USCIS?

In order to represent you before USCIS, an attorney must be: Eligible to practice law in -- and a member in good standing of the bar of the highest court of -- any state, possession, territory, commonwealth, or the District of Columbia.

What is the American Bar Association?

Make sure that the attorney is eligible to practice in – and is a member in good standing of the bar of the highest court of – any U.S. state, possession, territory or commonwealth, or the District of Columbia.

Can an accredited representative give legal advice?

Accredited representatives who are on this list, and who have a “No” in the last column on the right, are not eligible to give you legal advice. You should ask the accredited representative if he or she has been reinstated to practice and ask to see a copy of the reinstatement order from the EOIR.

Do reputable individuals file Form G-28?

Reputable individuals do not file Form G-28. Instead, in order to be able to help you, reputable individuals must submit a statement to the USCIS/DHS official before whom they wish to appear which states that: You personally requested the individual’s help; You have not paid the individual a fee to help you;

How long does it take to become an immigration lawyer in Canada?

Canada requires immigration lawyers to have a 4 years college degree plus a law degree which typically takes 3 years to complete and they must pass Canada's legal bar admission exam in order to practice law.

Why is Evelyn Ackah so passionate about immigration?

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ... More About Evelyn Ackah.

Is it easy to get an immigration application to Canada?

Getting your immigration application to Canada approved is not easy - if it was, Canada would have more immigrants and fewer immigration lawyers and consultants. There are many requirements for immigration to Canada, and many forms, fees and deadlines that must be met - and are constantly changing.

What is the legal requirement to represent you in immigration matters?

To represent you in immigration matters, the attorney must be a member of the bar of a U.S. state or possession, territory, commonwealth, or the District of Columbia). It just doesn't matter which state. The attorney must be in good standing with his or her state bar association; that is, not the subject of any disciplinary actions, ...

How many circuits are there in immigration?

Some differences in interpretation of U.S. immigration law exist between the various federal circuits. (The U.S. federal courts are divided into 13 "circuits," based on region; and many immigration matters can be appealed to those courts.) The immigration authorities must follow their local circuit court's interpretations.

Is immigration law federal?

Immigration law is federal, and is administered through a federal agency (the Department of Homeland Security or DHS ). Once a lawyer has been licensed by the bar association of one or more states, and learned the basics of immigration law, the lawyer can set up practice wherever he or she chooses—in any U.S. state, or even in another country.

Do immigration lawyers have to be a bar member?

If you will be asking the immigration lawyer to interpret how a state crime will be viewed under U.S. immigration laws, that attorney needs to be a bar member in the state where the crime and conviction took place. (A responsible immigration attorney will bring in another local attorney as a consultant in such a situation.)

Do you have to pay a lawyer if you are fired?

You will (unless you're prepared to sue over inadequate representation) have to pay the fired lawyer for any work already done on your case. Look at the contract with your lawyer (if you signed one) to see how refunds are to be made.

Does a lawyer's termination affect the USCIS?

Firing your lawyer will not affect the progress of your applications with USCIS, the consulate, or any other government agency handling your case. However, you should send a letter to the last USCIS or consular office you heard from, directing it to send all future correspondence straight to you or to your new lawyer.

image