For those seeking a career in immigration law without attending law school, becoming an accredited representative is a direct path to providing legal assistance. This role allows individuals to offer affordable and trustworthy guidance on complex immigration matters. This work helps expand access to justice for those who might otherwise be unable to secure legal help.
What is an Accredited Immigration Representative?
An accredited immigration representative is a non-attorney who has been granted authorization by the Department of Justice’s (DOJ) Board of Immigration Appeals (BIA) to provide immigration legal services. This authority is granted through the Recognition and Accreditation (R&A) Program, which was established to increase competent legal representation for low-income individuals. These representatives are not lawyers; their permission to practice immigration law comes directly from this federal authorization.
The work of an accredited representative is centered on providing direct legal support to clients navigating the U.S. immigration system. They can explain immigration options, advise on documentation, and file forms on a client’s behalf. This authority distinguishes them from notaries or immigration consultants, who are not legally permitted to offer such advice, thereby protecting immigrants from unauthorized legal practices.
Types of Accreditation
Partial Accreditation
Partial accreditation allows a representative to practice before the Department of Homeland Security (DHS), including its agency U.S. Citizenship and Immigration Services (USCIS). This authorization is focused on affirmative immigration benefits. A partially accredited representative can assist clients with applications and petitions filed directly with USCIS. Their responsibilities include preparing applications for work permits, lawful permanent residence (green cards), U.S. citizenship, and family-based petitions. They can also advise clients on the law and accompany them to USCIS interviews.
Full Accreditation
Full accreditation grants a higher level of authority, permitting a representative to practice before both DHS and the Executive Office for Immigration Review (EOIR). The EOIR includes the immigration courts and the Board of Immigration Appeals (BIA). This allows fully accredited representatives to handle more complex and adversarial cases. With full accreditation, a representative can defend clients in removal proceedings, which includes presenting legal arguments, filing motions, and examining witnesses. They are also authorized to represent clients in asylum cases and other forms of humanitarian relief.
Eligibility Requirements
An applicant must demonstrate good moral character, meaning they are free of serious criminal history or conduct that would question their fitness to represent vulnerable clients. The DOJ conducts background checks to verify this standard.
An individual cannot apply for accreditation on their own and must be an employee or volunteer of a DOJ-Recognized Organization (RO). An organization can also apply for recognition while simultaneously seeking accreditation for a staff member. This ensures legal services are provided under the supervision of an established non-profit. The organization must also prove it has sufficient resources and experience.
Finally, the applicant must possess broad knowledge and experience in immigration law. This is typically demonstrated through comprehensive training and hands-on work rather than a specific college degree. The application must show the prospective representative has a solid foundation in the law before they can be authorized to practice.
The Accreditation Process
The first step is to secure a position as an employee or volunteer with a DOJ-Recognized Organization (RO). An organization that is not yet recognized can apply for this status while simultaneously seeking accreditation for a staff member.
The aspiring representative must then gain the necessary knowledge and experience. This is accomplished through formal training courses and working under the supervision of an experienced immigration attorney or accredited representative. This mentorship develops the practical skills needed to handle cases independently.
The RO submits the formal application on the individual’s behalf using Form EOIR-31. This document requires detailed information on the applicant’s character, background, and their knowledge of immigration law. Supporting documentation like resumes and letters of recommendation are included to attest to the applicant’s qualifications.
The application is reviewed by the DOJ’s Office of Legal Access Programs (OLAP). This review can be lengthy, and applicants must await an official decision before providing legal services. Approval grants either partial or full accreditation based on the qualifications presented.
Maintaining Your Accreditation
Accreditation is not permanent and is tied to the representative’s work with their specific Recognized Organization. If a representative leaves the organization that sponsored them, their accreditation is automatically terminated. To continue practicing, they must have a new RO apply for their accreditation.
Accredited representatives must also participate in continuing legal education. This is required to stay current with the frequent and complex changes in U.S. immigration law. This ensures they continue to provide competent and accurate legal advice.
Recognized Organizations and their representatives are subject to periodic reporting requirements set by the DOJ. Accreditation must be renewed every three years. This ensures that both the individual and the organization continue to meet the program’s standards.