Question:
I am wondering what steps one must do in order to become licensed to
represent people in front of the INS. My understanding is that one
does not have to be a member of the "bar" in order to practice
immigration law, but one must be registered with the INS to do
immigration law. I am pondering doing self-study in order to become
an immigration attorney. Is there a test I have to take?
Answer:
It is a good idea to attend law school. There are a number of people
who can represent aliens before the INS: licensed attorneys, but also
representatives of religious or charitable organizations.
You might also want to look into becoming a paralegal. I'm not sure
what is involved there, and I believe you'd still need to work for an
attorney.
I am not a lawyer and this is not legal advice.
For reliable advice, please consult with a
professional immigration attorney.
For further information, check the following
frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html
(Department of State)
or
http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees,
find your consulate in
http://travel.state.gov/links.html
For DOL Faxback status information:
http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage
to US citizens (I-864), go to
http://travel.state.gov/i864gen.html
and
http://travel.state.gov/checklist.html
For information on entering the US as a K-1:
http://www.k1poelist.com/
For poverty levels, see
http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept.
of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please
watch out for privacy, as I do not know all site
operators.)
http://www.visalaw.com
http://www.shusterman.com
http://www.immigration.com
http://members.aol.com/MDUdall
http://www.murthy.com/
http://www.webcom.com/richw/dualcit/ (dual citizenship FAQ)
http://www.ilw.com/pederson/visa.htm (dual citizenship info)
http://www.srs-usvisa.com
http://www.getusavisa.com
http://greencard-lottery.virtualave.net/
http://www.jcvisa.com
(H-1B) http://www.h1bresources.com
(marriage and fiancee) http://www.kamya.com/misc/
(marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com
http://www.workpermit.com
This is not an endorsement of any of these Web sites.
I am not affiliated with any of the Web site owners
and do not receive nor accept payment in return for
listing them, and typically don't even know them.
I was not aware that an immigraiton attorney had to be licensed by the
INS. Can you point to a reference for this? The INS has enough to keep
itself busy without having to keep track of any lawyers who deal with
the agency. The only way I am aware to become an attorney of any kind is
to go to law school. I would think it unlikely that anyone would want to
work with an attorney who had not passed the bar but this is just my
opinion.
Actually, any "person of good moral character" can represent one in an
immigration matter...see this link to the law:
http://www.ins.usdoj.gov/lpBin/lpext.dll/inserts/slb/slb-15/slb-10417...
To become an attorney one must pass the bar examination. You do not have
to go to law school in order to qualify to take the bar in certain
states. One can "read" for the bar as an old saying goes.
You don't have to be an attorney to represent someone at an INS
interview or to advise someone about completing forms, ins and outs,
etc. But you cannot represent yourself as an attorney or even as a
paralegal without certification to prove your qualification.
If you choose to become someone who advises people privately on INS
matters, be very very sure that you are upfront with your clients about
your lack of formal credentials and be very sure that you know the law
in and out. You are playing with peoples lives here.
You can post on NG, as you are now doing and as I am and have been doing
for over 3 years, but as the realm is cyber and it is a public forum,
posters "know" that the advice they are given is given by a lay person
and based only our experience and/or learning by reading.
I do NOT want to attend law school. I am a computer programmer now and
do not have time or money to do so. Please let me know if you know
what test must be taken to represent people in INS hearings.
It is my understanding that a paralegal can set up a business of his/her
own, but they would only be able to complete forms based on information
given by the client, and are not allowed to give legal advice. I had a
paralegal do my divorce papers - she typed them and filed them for me, for a
very reasonable fee, but technically the divorce was Pro Se.
A paralegal could not represent someone in court.
Right, but the original poster specifically asked about becoming an
immigration attorney without having to go to law school. At least that
was the subject of his message. I think your answer will help though as
he seems to want to help people with immigration matters.
This is covered at 8 CFR 292.1 and 292.2, available through
http://www.ins.usdoj.gov/graphics/lawsregs/8cfr.htm. The
categories of those permitted to represent a person formally
before INS include: attorney, law student or law graduate
not yet admitted to the bar, reputable individual,
accredited representative, accredited government official,
or attorney outside U.S.
A "reputable individual" must appear without direct or
indirect remunation, and must file a written declaration to
that effect.
An "accredited representative" must work for a nonprofit
religious, charitable, social service or similar
organization established in the U.S.
In some states, a person may be licensed as an attorney
without attending law school, but he or she must pass the
state bar. That requires a lot of study, and the
bar-passing rate for those who don't attend law school is
rather low.
The link was most informative. A friend of mine got taken by a con
artist who said she was a lawyer. I called the NY State bar to see if
she was a member of the bar, and the lady at the bar association told
me that immigration attorneys do not have to be a member of the bar,
but have to be registered(?) with the INS. She gave me a number at
the INS to call. Evidently the INS has a database of people that are
able to be "immigration attorneys". I could be wrong.
The INS indeed has such a database, and in certain cases, only people
on the list are allowed to represent an alien (typically this applies
to proceedings in immigration court, deportations in particular).
If you are looking for an immigration attorney, the best thing you can
do is to check with the AILA - not the state bar association. AILA
members (American Immigration Lawyer's Association) have access to
special communication channels with the INS (unfortunately, not so
much in an individual case, but rather high-ranking INS officials get
together with AILA representatives and members frequently to discuss
general policies). In order to become an AILA member, you do have to
be an attorney first.
As far as admission to the bar goes: in order to be able to represent
somebody before the INS *as an attorney* you would indeed have to be
admitted to the bar. What may be confusing is that it can be ANY bar
association, it doesn't matter which state. That is because
immigration law is strictly federal.
Of course, the non-attorney options of representing somebody would
still be open.
I now have two questions. Does anybody know how to become an attorney
without going to college? I am a self-learner. I have a great career
now as a web programmer and everything I know is through self-study.
I have never gone to college because I can't stand typical classroom
(or online) learning. Is it possible to just study for the bar exam
and take it? Or is going to law school a stringent requirement of
becoming a lawyer? I would eventually be interested in starting a part
time business (not joining a firm). If anybody knows the answer to
this question please let me know. Please let me know the exact
process.
Going to law school only gets you a law degree - it does not make you a
lawyer. For that you have to take the bar exam.
You are going to have contact the bar association in your state and ask what
the requirements are to take the bar exam. Some states will require law
school, some do not but may have other requirements.
Since we don't know where you are, no one here can give you a definitive
answer.
