Free or low-cost immigration legal help — and how to avoid notario fraud

Step 1 — Learn who is allowed to give you immigration legal advice

According to USCIS, only these people may represent you in immigration matters before USCIS (USCIS — Legal Services):

• an attorney who is a member in good standing of the bar of a U.S. state, a U.S. territory or the District of Columbia, and who is not disbarred or otherwise restricted in the practice of law;
• an accredited representative — a person accredited by the Department of Justice (DOJ) who works for an organization on DOJ’s official list of recognized organizations;
• a law student or law graduate, but only under the supervision of a licensed attorney or an accredited representative.

A few things are good to know:

• Accredited representatives are not lawyers, but they are authorized to give immigration advice (FTC). They may only provide immigration legal services through a recognized organization, and only nonprofit, federally tax-exempt organizations can be recognized (EOIR — Recognition & Accreditation Program).
• If you have a case in immigration court, an accredited representative must be fully accredited to appear there. A partially accredited representative can only appear before USCIS (EOIR — Can Someone Represent You?).
• A lawyer licensed only in another country can represent you before USCIS only in matters outside the United States, and only under specific conditions (USCIS — Legal Services).
• You don’t have to have a representative. You can file USCIS forms and represent yourself (USCIS — Avoid Scams).

Step 2 — Know that a “notario” is not a lawyer in the United States

In many Latin American and other Spanish-speaking countries, a notario or notario público is a lawyer with special legal credentials. In the United States, that’s not true. Here, a notary public is authorized by the state to witness the signing of important documents and to give oaths — not to provide legal services. A notario público is not allowed to give you any legal services related to immigration (USCIS — Common Scams; FTC).

The same goes for “immigration consultants,” document preparers and travel agents. According to the Department of Justice, they can’t give you legal advice, tell you which immigration benefit to apply for, tell you whether you are eligible, or represent you in immigration court — and they are breaking the law if they do (EOIR — Can Someone Represent You?).

People who are not attorneys or accredited representatives may give you only limited help filling out USCIS forms. They can’t represent you or give you legal advice, and they may charge only a nominal (very small) fee (USCIS — Legal Services).

Step 3 — Look for free or low-cost help on the official lists

These lists are free to search. USCIS links to them from its Legal Services page.

• DOJ’s lists of recognized organizations and accredited representatives. The Executive Office for Immigration Review (EOIR), part of the Department of Justice, publishes them as PDF files, including one sorted by state and city (EOIR — R&A rosters). These organizations may charge for their services, but to be recognized they must show that they serve mainly people with low incomes (EOIR — R&A FAQs).
• EOIR’s List of Pro Bono Legal Service Providers. “Pro bono” means free. The list includes nonprofit organizations and attorneys who have committed to provide at least 50 hours a year of free legal services at a specific immigration court, plus referral services. It is published every January, April, July and October, it is organized by immigration court, and it is given to people who have a case in immigration court (EOIR — Pro Bono List). Being on the list is not a recommendation: EOIR says it does not endorse any of the organizations, referral services or attorneys on it.
• The National Immigration Legal Services Directory. A joint project of the Immigration Advocates Network and Scale Justice, it includes only nonprofit organizations that provide free or low-cost immigration legal services. You can search by state, county or ZIP code (Immigration Advocates Network), and refine your search by the languages the staff speak. Some organizations may charge a nominal fee, so contact them directly about fees (IAN — FAQs).

Whichever list you use, USCIS’s advice stays the same: make sure the person helping you is an attorney or an accredited representative working for a DOJ-recognized organization (USCIS — Avoid Scams). Step 4 shows you how.

Step 4 — Check the person before you pay or sign anything

Scammers may say they have a “special certification,” and some use the name and license number of a real attorney (ABA — Identify and Verify Before You Pay). A few minutes of checking can protect you:

1. If they say they’re an attorney, ask in which state they are licensed, and ask to see their current license (ABA; USCIS — Legal Services). Then check with the authority that licenses lawyers in that state that they are in good standing. EOIR’s Can Someone Represent You? page links to the licensing authority of every state and territory. Most have an online search; a few ask you to call.
2. Make sure they really are that attorney. Compare where they work and their contact details with what the state’s website shows. If something doesn’t match, call the phone number the state lists — never a number the person gave you (ABA).
3. If they say they’re an accredited representative, look for their name and their organization on DOJ’s lists (USCIS — Common Scams). An accredited representative can’t take their accreditation to another organization or practice immigration law on their own. If they do, it is the unauthorized practice of law (EOIR — Can Someone Represent You?).
4. Check that they are not suspended or disbarred. EOIR publishes a List of Currently Disciplined Practitioners. USCIS also suggests checking with the state bar whether an attorney has been disciplined or disbarred (USCIS — Common Scams).

Step 5 — Start safely and keep copies of everything

Once you’ve found real help, a few habits protect you (USCIS — Common Scams; FTC):

• Ask for receipts, copies of all forms prepared for you, and copies of any notices and letters from USCIS. Keep them in a safe place.
• Never sign a blank form, and never sign a form with false information. Read every form and make sure it’s complete before you sign.
• Don’t let anyone keep your original documents.
• Don’t pay for forms. USCIS forms are free for everyone on the USCIS All Forms page.
• Pay government fees only the official way. USCIS will never ask you to send money to a person, and it does not accept Western Union, MoneyGram, PayPal, Venmo or gift cards for immigration fees. You can pay some fees online, but only through your USCIS online account and Pay.gov (USCIS — Common Scams).

When an attorney or accredited representative represents you before USCIS, they file Form G-28 with your application, and you sign it too, to show you agree. USCIS then generally sends information about your case to both you and your representative (USCIS — Legal Services).

Step 6 — If something went wrong, report it and get real help

If you paid someone who wasn’t allowed to help you, or you think you were cheated:

• Get help from an authorized provider (Step 3). You can change your attorney or accredited representative, or stop working with them, at any time (USCIS — Legal Services).
• Report it to the Federal Trade Commission (FTC) at ReportFraud.ftc.gov or by phone at 877-FTC-HELP (USCIS — Avoid Scams). You can share as much or as little about yourself as you’re comfortable with (FTC).
• Report it in your state. Find your state consumer protection office on USA.gov. USCIS’s Report Immigration Scams page lists where to report in each state, and notes that many states let you report anonymously. If you lost money or belongings, report it to your local police too.
• Report it to EOIR’s Fraud and Abuse Prevention Program. It takes complaints about fraud, immigration scams and the unauthorized practice of immigration law — often by notarios, immigration consultants or so-called “travel agents” (EOIR — Fraud and Abuse Prevention Program). Email [email protected] or call 877-388-3840 (USCIS — Avoid Scams). Be as specific as you can — names, dates, addresses — and include any receipts, contracts, retainer agreements or advertisements you have (EOIR — How to File a Complaint).
• If the problem is with an attorney or accredited representative, you can complain to the state where the attorney is licensed. For matters before the Department of Homeland Security, you can also write to the DHS Disciplinary Counsel at [email protected], using Form EOIR-44 or your own written description (USCIS — Legal Services).

USCIS says that, in general, reporting fraud committed by someone else will not hurt your own application in most cases, if you were not involved (USCIS — Avoid Scams).