DISCLAIMER: This handout is not legal advice.  It is for educational and informational purposes only.  If you
need legal advice, consult a licensed immigration attorney or an accredited representative from a Board of
Immigration Appeals (BIA) recognized agency.  An undocumented person should not seek legal advice from a
notario or an “immigration consultant” who is not accredited by the BIA.

Become a Board of Immigration Appeals (BIA) Recognized Agency

The federal government makes immigration laws.  Federal immigration regulations
specify who can represent foreign nationals before the United States Department
of Homeland Security and before the immigration courts.  The laws and regulations
of a state or local government cannot authorize a person or agency to provide immigration legal services.

In general, if a person is not a licensed immigration attorney and he or she wishes to represent a foreign
national before the immigration authorities, then:

1) he or she must work for a non-profit religious, charitable, social service organization.   
2) the organization must be established in the United States and,
3) the organization must be certified by the Board of Immigration Appeals (BIA) as having adequate information,
knowledge and experience in immigration law.  (
for a roster of certified groups)

The Board of Immigration Appeals (BIA) is the administrative appellate court for immigration law in the United
States.  It is located in Falls Church, Virginia.

The staff of a BIA-recognized agency must have a certain level of experience in and knowledge of immigration
law to be accredited by the BIA to provide immigration legal services.  A BIA-Accredited Representative can
represent foreign nationals before the United States Department of Homeland Security and the immigration
courts.

Generally,
notarios and immigration consultants, such as travel agents, are for-profit enterprises.  They are in
the business of providing immigration legal services primarily to make money. They are not authorized to
provide legal services.  They are not required to have adequate information, knowledge, and experience in
immigration law.  They are generally not “non-profit” organizations and therefore cannot obtain recognition and
accreditation by the BIA.

CLINIC highly recommends that groups interested in doing legalization work pursue BIA certification.  CLINIC
provides its affiliate agencies with assistance with this process.

DISCLAIMER:  The following information is not legal advice.  It is for educational and informational purposes
only.  If you need legal advice, consult a licensed immigration attorney or an accredited representative from a
Board of Immigration Appeals (BIA) recognized agency.  An undocumented immigrant should not seek legal
advice from a
notario or an “immigration consultant” who is not accredited by the BIA.
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415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax

media inquiries:
e-mail
(202) 635-5810
NOTE: This webpage
was launched in June
2006 and continues to
be updated.  Please
check the webpage
often for new
information.

Legalization Questions?
CONTACT Mirna Torres
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