Unauthorized Practice of Law – Immigrants Beware!
Posted Jul 09, 2000
While the Internet has enabled attorneys in U.S. immigration law to better serve clients around the world, it has also opened up new dangers to the unsuspecting immigrant wishing to live and work in the United States. The unauthorized practice of immigration law is becoming a problem, and could have adverse consequences to the immigrant wishing to make a life in the United States. Not only is the unauthorized practice of law illegal; there are risks involved for the intending immigrant relying on such representation.
Many people assume incorrectly that any person can represent an individual in immigration matters. This is not true. Based upon the INS regulations at 8 C.F.R. § 292 (1996), a person entitled to representation may only be represented by:
Attorneys of the United States; meaning that the person has both graduated from law school and passed the State Bar Examination in at least one State. In order to pass the stringent criteria of the Bar Examination, a person has to pass both substantive areas of the law and an ethics portion.
Law Students and Law Graduates not yet admitted to the Bar provided that the student or graduate is under the direct supervision of a faculty member or an attorney in a legal aid program or a clinic conducted by the law school, and that he or she is appearing without indirect or direct compensation; and in the case of the law graduate, that he or she has filed a statement that he or she is appearing under the supervision of a licensed attorney or accredited representative and that he or she is not receiving any direct or indirect compensation;
Reputable Individuals Having a Prior Relationship to the applicant, who are only appearing on an individual case basis; such persons cannot receive any direct or indirect compensation and must file a written declaration to that effect; or
Accredited Representatives, representing an organization (non-profit religious, charitable, social service, or similar organization established in the United States), who have been accredited by the Board of Immigration Appeals. In order to qualify, the organization must establish that it makes only nominal charges and assesses no excessive membership dues for persons given assistance, and that it has at its disposal adequate knowledge, information and experience.
Non-attorneys and non-accredited representatives who charge any fee for their legal services and / or advice are acting in violation of the law. The foreign national faces several risks by using these services. For example, no non-attorney can become a member of the American Immigration Lawyers Association (AILA), one of the major sources of U.S. immigration law information and updates. Furthermore, immigration law has been compared to the Internal Revenue Code in its complexity, and several law courses in Immigration Law exist to train attorneys in the practice of immigration law. Non-attorneys (other than paralegals employed by attorneys) and non-accredited representatives do not have access to this legal education, and may be unaware of important legal issues that exist in the practice of law. Perhaps this is why they also do not recognize that they could be subject to disciplinary action based upon section 292.3 of the regulations, including any "appropriate disciplinary action against a…representative…."
It would be apt to conclude with a warning to the unwary from AILA:
"They [unauthorized practitioners] are not accountable to anyone - not the government, not to you. They are known for taking people's money and doing nothing. Or worse, they may lie to the government in your name for a quick, easy solution that in the end may result in your deportation or permanent exclusion from the United States."
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