Who Can Legally Help Me With U.S. Immigration?

For U.S. immigration help, use a U.S. attorney in good standing or a Department of Justice-accredited representative working for a recognized organization. You can also file USCIS forms yourself. Consultants, document preparers, travel agents, and notarios can offer limited form-filling help in some cases, but they cannot give legal advice or represent you.
The title on a business card proves nothing. Authority comes from a law license or DOJ accreditation, and each can be checked before money or documents change hands.
Is an immigration specialist the same as an immigration lawyer?
No. “Immigration specialist” is a description, not a legal credential.
USCIS identifies the people authorized to represent someone before the agency: a U.S. attorney in good standing, a DOJ-accredited representative at a recognized organization, and certain supervised law students or graduates. A person can also prepare and file their own USCIS forms.
An attorney holds a license issued by a state authority and must remain in good standing. A DOJ-accredited representative is different. The accreditation belongs to work at a specific DOJ-recognized organization; it does not travel with the person to a new organization or support an independent practice, according to the DOJ Recognition and Accreditation Program FAQ.
Names can blur the line. Titles such as specialist, consultant, preparer, notary public, accountant, and travel agent do not turn a person into an immigration lawyer or accredited representative. Credentials are checked, not assumed.
| Type of helper | What the federal guidance permits | What to verify |
|---|---|---|
| U.S. attorney | Legal advice and representation before USCIS and EOIR when licensed and in good standing. | The state licensing authority that issued the license. |
| DOJ-accredited representative | Immigration legal help through the recognized organization where the person works or volunteers. | The DOJ roster, organization, address, and scope of accreditation. |
| Form filler or preparer | Limited form-filling help only. | They do not give legal advice or act as a representative. |
| Consultant, notario, or travel agent | No authority to practice immigration law. | Do not treat a business title as a credential. |
A representative generally files Form G-28 with the relevant filing, and the client signs it to consent to representation. That form is one practical sign that representation is being presented openly rather than implied through a sales pitch.

Can an immigration consultant file forms or represent me before USCIS?
An immigration consultant can offer limited form-filling help, but cannot give legal advice or represent you before USCIS.
That boundary is narrow. USCIS states that people outside the authorized categories can provide limited help filling out forms, may charge only a nominal fee, and cannot represent a person or give legal advice. Form completion is not case strategy.
The difference appears in the questions the helper answers. Selecting an immigration benefit, deciding whether a person qualifies for relief, or explaining legal consequences requires authorized legal help. The DOJ EOIR says notarios, document preparers, immigration consultants, and travel agents cannot do those things.
Scope also matters for accredited representatives. A DOJ roster entry marked “DHS only” describes partial accreditation. That person can assist with USCIS matters but cannot appear in immigration court or before the Board of Immigration Appeals. Full accreditation permits representation before both USCIS and EOIR.
Verification takes less faith than a promise. Confirm an attorney with the authority that issued the license. Confirm an accredited representative in DOJ rosters, then confirm the organization named there. A listing answers two separate questions: who the person is and where that person is allowed to practice.
What is a notario immigration scam?
A notario immigration scam occurs when someone uses the title “notario,” or a similar title, to sell immigration legal advice or representation they are not authorized to provide.
The word creates a dangerous false match. In many Latin American countries, a notario is an attorney or legally trained professional. In the United States, a notary public is not an immigration attorney, according to the Federal Trade Commission.
Warning signs are plain. A helper who chooses the benefit to seek, claims to know whether relief is available, offers a guaranteed outcome, asks for a signature on a blank form, or keeps original documents is crossing lines set out in federal guidance. USCIS forms are free. A website charging to download a federal immigration form is not a legitimate USCIS source, the FTC says.
False information can follow a case long after the helper disappears. Read each completed form before signing. Keep a copy. Do not sign a blank form or one containing information you know is false.
Records make a complaint usable. EOIR’s Fraud and Abuse Prevention Program accepts complaints about fraud, scams, and unauthorized immigration practice. It asks for details such as dates, addresses, identifying information, and physical evidence. Receipts, retainer agreements, contracts, and advertisements can show what was promised and what was paid.
If the conduct involves an attorney or accredited representative, EOIR identifies Form EOIR-44 as a complaint route. For other immigration scams, the FTC directs reports to ReportFraud.ftc.gov and to local or state authorities. The record is the map. Without it, the path is harder to trace.
Frequently Asked Questions
How do I check whether an immigration representative is licensed or accredited?
Check an attorney with the licensing authority in the state that issued the attorney's license. Check a non-attorney representative in the DOJ rosters for recognized organizations and accredited representatives. The listing identifies the organization, address, and whether the representative has DHS-only or full accreditation.
When can a DOJ-accredited representative help with an immigration case?
A DOJ-accredited representative can provide immigration legal services only while working or volunteering for a DOJ-recognized organization. A partially accredited representative can assist before USCIS. Full accreditation permits representation before USCIS and EOIR, including immigration court and the Board of Immigration Appeals.
What should I do if an immigration consultant took my money and made mistakes on my forms?
Preserve the paper trail: receipts, agreements, contracts, advertisements, correspondence, and copies of forms. EOIR accepts complaints about fraud, scams, and unauthorized immigration practice, and identifies those records as useful evidence. The FTC also directs scam reports to ReportFraud.ftc.gov and local or state authorities.
Sources
- U.S. Citizenship and Immigration Services: Find Legal Services
- U.S. Department of Justice EOIR: Can Someone Represent You Before EOIR?
- U.S. Department of Justice EOIR: Recognition and Accreditation Program FAQ
- Federal Trade Commission: How To Avoid Immigration Scams and Get Real Help
- U.S. Department of Justice EOIR: How to File a Complaint
Disclaimer: This article is for general information only and is not legal advice. Laws differ by jurisdiction and change over time. Consult a qualified lawyer about your own situation before acting on anything you read here.