At a Glance
Be especially cautious of anyone who promises to “guarantee” asylum, an Employment Authorization Document (EAD), or a green card. Calling yourself a “notario,” forming an LLC, or operating an expensive website does not make someone a licensed U.S. immigration attorney.
Legal and Practical Considerations
Individual immigration legal representation is provided, within applicable rules, by licensed attorneys and certain DOJ-accredited representatives working through recognized organizations. California immigration consultants have narrower duties set by law and must meet separate registration and bond requirements. Those formalities do not authorize them to give individualized legal advice.
Licensed attorneys and appropriately accredited representatives may provide immigration legal advice within their authority. A California immigration consultant, translation agency, or “notario” does not acquire the authority to evaluate asylum eligibility or make legal decisions about forms simply by registering a business. Independently verify qualifications, authorizations, fees, communication methods, and protection of sensitive records.
Step by Step
1. At the first contact, ask for the provider's full name, actual professional status, and scope of services. A legitimate provider should be able to explain whether they are an attorney, DOJ-accredited representative, translator, or nonlegal form assistant.
2. If someone calls themselves an attorney, check their active license through the relevant state bar. California attorneys can be looked up through the State Bar of California. An attorney licensed in another state is not automatically excluded from federal immigration practice, but their license and authority must be verifiable.
3. For DOJ-accredited representatives, check the person and affiliated organization in EOIR's current rosters. Partial accreditation and full accreditation can have different scopes, so confirm whether a representative is authorized to appear before an immigration court.
4. For California immigration consultants, check the Secretary of State's records. The state's rules include registration and a $100,000 bond. Neither is a law license or a guarantee of competent service.
5. Before paying, request a written description of services, fee schedule, and any applicable representation agreement. Ask about refunds, interpretation, and secure handling of your original documents. Original passports should not be withheld as leverage.
6. Never pay for a promised immigration status or supposed “contacts inside USCIS.” If you suspect fraud, preserve communications and report it to appropriate authorities. For approaching deadlines, independently seek legitimate representation.
A Practical Example
An agency offers “guaranteed asylum” for several thousand dollars and says its California LLC is officially registered. It may be authorized to offer some administrative services, but LLC registration does not give the company authority to select an asylum strategy. Verify the individuals' actual professional qualifications before hiring anyone.
Mistakes to Avoid
– Confusing a U.S. notary public (“notario”) with an attorney. – Trusting reviews or business registration instead of verifying a person's legal authority. – Handing over original documents without a receipt. – Agreeing to fabricate persecution claims or falsify evidence.
Frequently Asked Questions
Q: Is every “immigration consultant” a lawyer? A: No. The permitted activities and qualifications are different.
Q: Can a DOJ-accredited representative help for free? A: Possibly, depending on the organization and availability.
Q: Can an LLC guarantee asylum approval? A: No. Business registration does not grant authority to decide legal outcomes.
Before Your Next Step
□ Adviser's actual name obtained □ Law license or DOJ accreditation verified □ Secretary of State information checked for consultants □ Written fee agreement understood □ No promises of guaranteed outcomes accepted □ Originals and personal documents protected
Privacy, Safety, and Free Resources
The official websites linked here can be accessed for free. Do not pay for invented government “shortcuts” or guaranteed approvals. For public questions, a general description and location are usually enough. Do not publish passport numbers, A-numbers, asylum case documents, full addresses of people seeking protection, bank cards, or children's records. Qualified professionals can review sensitive information securely. Access to legal or social assistance depends on individual circumstances.
Official Sources
• https://www.justice.gov/eoir/recognition-accreditation-roster-reports • https://apps.calbar.ca.gov/attorney/LicenseeSearch/QuickSearch • https://www.sos.ca.gov/business-programs/special-filings/immigration-consultant-qualifications • https://www.justice.gov/eoir/find-legal-representation
Please confirm current rules and availability with the official sources. This article is not individualized legal or benefits advice.
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