Immigrants & Immigration

Only attorneys and Department of Justice (DOJ) accredited representatives can give people legal advice. DOJ accredited representatives can only give legal advice on immigration law, no other kind of law.

A DOJ accredited representative is someone who is allowed to practice immigration law. They must have specialized immigration law training. They must also show the DOJ they have a certain number of hours of experience working under the supervision of an immigration lawyer. DOJ accredited representatives must request to renew their status every three years. This means they must send proof to the DOJ that they have continued to attend training on immigration law and practice. People must also submit letters of recommendation from immigration lawyers. A DOJ accredited representative must work for a non-profit organization that is approved by the DOJ. 

Lawyers and DOJ representatives can:

• Give legal advice,
• Tell which forms are needed for someone’s case and fill them out,
• Advise on which immigration category to apply for, and
• Be listed as the legal representative on US Citizenship and Immigration Services (USCIS) filings,
• Represent someone at USCIS interviews.

All lawyers can represent people in immigration court. Only fully accredited DOJ representatives can represent people in immigration court.

Usually, a lawyer must have a valid license for the state they are working in. For immigration law, this is different. Attorneys can practice immigration law as long as they have a valid license in any state. For example, an attorney licensed in California can practice immigration law in Illinois.

Each state, and the District of Columbia, has public lists of attorneys in their state. People can check to see whether a person who is claiming to be a lawyer is licensed in their state. The American Bar Association has a page with links to all attorney directories. People can look up Illinois attorney license information with the Illinois Attorney Registration and Disciplinary Commission (ARDC).

The DOJ keeps a list of all of their approved accredited representatives. A DOJ accredited representative’s name should appear on the DOJ list of approved organizations and representatives. If they are not on this list, they cannot give legal advice, or represent people with USCIS or immigration court.

In many other countries, a notary (notario in Spanish) has legal training.

In the US, notaries do not have legal training and cannot give legal advice. 

Most notaries in the US can:

• Witness a signature,
• Administer an Oath or Affirmation, and
• Verify an Oath or Affirmation.

Public notaries in the US cannot give legal advice or represent someone in their immigration cases. They cannot tell people what they should do, what papers to file, and how to answer questions. It is called "notario fraud" when a US notary lies and says they can help with an immigration case.

An Immigration Service Provider can help people navigate the immigration process. They must be registered with the Illinois Attorney General’s office. Most Immigration Service Providers are not lawyers. They cannot give legal advice or represent a person in their immigration case.

An Immigration Service Provider can:

• Help prepare immigration legal documents,
• Serve Giving court documents to someone legal papers on other parties, and
• Give people a list of forms and legal documents.

A provider cannot tell people what specific forms they need for their case. They cannot tell people how to fill out immigration forms, or what to put in blanks on the forms. These two things are giving legal advice. They can only fill in forms with information given by the person looking for help.

An Immigration Service Provider charges a fee for their services. These fees must be clearly displayed on a sign in English and the languages in which the office provides assistance. The sign must also explain that the provider is not a lawyer Someone who represents clients in courts or who gives legal advice and cannot give legal advice.

Learn more about Immigration Service Providers from the Illinois attorney general.

People should watch out for these red flags:

• Promises to get green cards, work visas, or other benefits,
• High fees, and
• Frequent interview cancellations. 

When meeting an attorney for the first time, ask to see their current licenses.  Also ask about their experience with immigration issues. If they refuse to provide this information, that is a warning sign. People can look up Illinois attorney license information with the Illinois ARDC. When a lawyer’s information shows up, it will show whether the Illinois-licensed attorney: 

• is currently authorized to practice law,
• has been disciplined ever, and
• has any public pending disciplinary complaints.

It is important to review the available official documents. There may be records that people can review when deciding whether they trust this lawyer. A single complaint on its own might not be a concern. If there are multiple complaints or they involve dishonesty or fraud, that might be a warning sign. It’s important to look at any complaints or disciplinary documents closely.

If the attorney is not an Illinois-licensed attorney, go to the attorney directory for the state they say they are licensed to practice in.  The American Bar Association has a page with links to all attorney directories. Each state has something similar, where members of the public can find out if a lawyer has ever been disciplined or has pending complaints. Note that not every complaint is made public. In Illinois, complaints that are only under investigation are generally confidential and not published. They become published when the investigation yields formal charges.

If they are a DOJ representative, look for them on the DOJ list of approved representatives. If they don’t appear on this list, and are not a lawyer, then they cannot practice immigration law or give legal advice.

Some steps people can take to protect themselves against dishonest Immigration Service Providers include:

• Discuss prices before you agree to any services,
• Have a written contract in both English and their native language,
• Ask for copies of documents they prepared for you, and
• Get a signed receipt after they make any payment. 

For more information, visit Avoiding Dishonest Immigration Service Providers.

To file a complaint against an Illinois-licensed attorney, a person can report to the Illinois ARDC. If the attorney is not licensed in Illinois, file a complaint with the attorney disciplinary authority in the state the attorney is licensed. For example, if an attorney is licensed in California, and practicing immigration law in Illinois, a complaint must be filed with the California state bar. To find where to report, do an online search for “attorney discipline complaint” and the name of the state. The attorney disciplinary authority should come up in the results.

Fraud by non-attorneys can be reported to the Attorney General of Illinois. Submit an online Consumer Fraud complaint, or call their office in English at (800) 386-5438 or in Spanish at (866) 310-8398.

People can submit a confidential immigration scam complaint with Cook County State’s Attorney by calling (312) 603-8678. In Chicago, people can dial 311 to report fraud to the Department of Consumer Services. People can also submit a complaint online by clicking “Service Request” and then “Consumer and Employee Protection”.

Learn more about avoiding immigration scams and hiring a lawyer.