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.