Purpose and Background

A. Purpose

Benefit requestors [1] generally have the right to be represented by an attorney or accredited representative in matters before USCIS, at no expense to the government. [2] Other individuals, such as law students and graduates, accredited officials, and reputable individuals may provide varying levels of representation or assistance. [3]

This part identifies who may provide representation and who may provide other assistance and related responsibilities, requirements, and limitations.

B. Background

An attorney or accredited representative may represent a benefit requestor. [4] For USCIS to recognize a benefit requestor’s attorney or accredited representative, the record must contain a valid notice of entry of appearance. [5] An attorney or accredited representative may conduct research, compile evidence, and help complete and file immigration benefit requests and supporting evidence. After the request is filed, the attorney or accredited representative may assist in responding to USCIS correspondence and accompany benefit requestors to USCIS interviews or other appearances, among other types of assistance. [6]

Other categories of individuals can provide varying levels of representation or assistance to benefit requestors, subject to certain limitations. [7]

Benefit Requestor’s Responsibilities and Decision Regarding Representation

USCIS strives to develop regulations, forms, instructions, and guidance in plain language, so they can be easily understood by the public. However, benefit requestors may prefer to seek immigration benefits or otherwise interact with USCIS with the assistance of an attorney, accredited representative, or other representative. USCIS is not responsible for providing or funding representation for benefit requestors. [8]

A benefit requestor is not required to have an attorney, accredited representative, or other representative. The choice to retain representation is solely for the benefit requestor to make.

therwise interact with USCIS with the assistance of an attorney, accredited representative, or other representative. USCIS is not responsible for providing or funding representation for benefit requestors. [8]

A benefit requestor is not required to have an attorney, accredited representative, or other representative. The choice to retain representation is solely for the benefit requestor to make.

Regardless of whether the benefit requestor has representation, the benefit requestor is required to sign his or her benefit request. By doing so, the benefit requestor certifies under penalty of perjury that the benefit request, including the information on the form and the evidence submitted with the request (at the time of filing or thereafter) is true and correct. [9] If a false representation is made by a benefit requestor’s attorney or accredited representative, the benefit requestor is held responsible if it is established that the benefit requestor was aware of the action taken by the representative in furtherance of the benefit request. [10]

USCIS Role in Legal Services Referrals

USCIS may refer a benefit requestor to the Legal Services webpage or provide the List of Pro Bono Legal Service Providers in certain situations. [11] However, USCIS should not recommend the services of any particular attorney, firm, or organization to a benefit requestor.

USCIS should not discourage a benefit requestor from enlisting the services of any attorney or accredited representative in good standing.

C. Legal Authorities

- INA 292 – Right to counsel

- 8 CFR 292 – Representation and appearances

- 8 CFR 103.2(a)(3) – Representation

- 8 CFR 1.2 – Definitions

- 8 CFR 1292.11-1292.20 – Recognition of organizations and accreditation of non-attorney representatives

- 8 CFR 292.3 – Professional conduct for practitioners – Rules and procedures

- 8 CFR Part 1003 Subpart G – Professional conduct for practitioners – Rules and procedures

Footnotes

- 8 CFR 292 – Representation and appearances

- 8 CFR 103.2(a)(3) – Representation

- 8 CFR 1.2 – Definitions

- 8 CFR 1292.11-1292.20 – Recognition of organizations and accreditation of non-attorney representatives

- 8 CFR 292.3 – Professional conduct for practitioners – Rules and procedures

- 8 CFR Part 1003 Subpart G – Professional conduct for practitioners – Rules and procedures

Footnotes

[1] Benefit request means any application, petition, motion, appeal, or other request relating to an immigration or naturalization benefit, whether such request is filed on a paper form or submitted in an electronic format, provided such request is submitted in a manner prescribed by DHS for such purpose. See 8 CFR 1.2 . The terms benefit requestor and requestor mean the person, organization, or business who makes the request, such as the applicant or petitioner, and may include aliens, U.S. citizens, and nationals (who are not citizens) of the United States.

[2] However, an applicant for admission in primary or secondary inspection generally does not have a right to representation, except in limited circumstances when the applicant has become the focus of a criminal investigation and has been taken into custody. See 8 CFR 292.5(b) . Additionally, USCIS does not recognize that a refugee applicant outside the United States has a right to the presence of an attorney or accredited representative at their USCIS interview, except for Iraqi P-2 refugee applicants as outlined in the National Defense Authorization Act (NDAA) for Fiscal Year 2014. See National Defense Authorization Act for Fiscal Year 2014, Title XII, Pub. L. 113-66 (PDF) , 127 Stat. 910 (December 26, 2013).

[3] See Chapter 2, Representation, Section D, Law Students and Law Graduates Not Yet Admitted to the Bar [ 1 USCIS-PM D.2(D) ]. See Chapter 3, Other Representatives [ 1 USCIS-PM D.3 ].

[4] See 8 CFR 292.1 and 8 CFR 1.2 .

Authorization Act (NDAA) for Fiscal Year 2014. See National Defense Authorization Act for Fiscal Year 2014, Title XII, Pub. L. 113-66 (PDF) , 127 Stat. 910 (December 26, 2013).

[3] See Chapter 2, Representation, Section D, Law Students and Law Graduates Not Yet Admitted to the Bar [ 1 USCIS-PM D.2(D) ]. See Chapter 3, Other Representatives [ 1 USCIS-PM D.3 ].

[4] See 8 CFR 292.1 and 8 CFR 1.2 .

[5] See Notice of Entry of Appearance as Attorney or Accredited Representative ( Form G-28 ) and Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States ( Form G-28I ).

[6] However, the USCIS Fraud Detection and National Security Directorate may conduct certain site visits without the presence of the attorney or accredited representative of record.

[7] See Chapter 3, Other Representatives [ 1 USCIS-PM D.3 ].

[8] See 8 CFR 103.2(a)(3) and 8 CFR 292.1 . See Upsango v. Ashcroft , 289 F.3d 226, 231 (3rd Cir. 2002). See Al Khouri v. Ashcroft , 362 F.3d 461, 464 (8th Cir. 2004). See US v. Perez , 330 F.3d 97, 101 (2nd Cir. 2003).

[9] See 8 CFR 103.2(a)(2) .

[10] See Volume 8, Admissibility, Part J, Fraud and Willful Misrepresentation, Chapter 3, Adjudicating Inadmissibility, Section D, Willfulness, Subsection 4, Misrepresentation Made by a Person’s Agent [ 8 USCIS-PM J.3(D)(4) ].

[11] For example, when USCIS issues a Notice to Appear (Form I-862) or a Notice of Referral to Immigration Judge (Form I-863) after a negative credible fear determination, USCIS provides the individual with the U.S. Department of Justice, Executive Office for Immigration Review (EOIR) list of pro bono legal service providers. See EOIR’s List of Pro Bono Legal Service Providers webpage.