An accredited representative is a non-attorney whom the Department of Justice has authorized to represent people in immigration matters through a DOJ-recognized nonprofit organization.1Executive Office for Immigration Review. Recognition and Accreditation Program The program exists to make competent immigration help available to people who cannot afford a private attorney. Depending on the level of accreditation, these representatives can prepare filings, give legal advice, and appear on your behalf before immigration agencies and, in some cases, immigration courts.
What an Accredited Representative Can Do for You
An accredited representative sits between a licensed immigration attorney and a well-meaning volunteer. They can give legal advice, prepare and sign applications, and appear with you before the government. What separates them from an attorney is that their authority runs through a specific DOJ-recognized organization and stops at the edge of immigration law.2United States Department of Justice. EOIR Policy Manual – 5.2 – Individuals Authorized to Provide Representation and Make Appearances
There is a hard ceiling on that authority. Neither type of accredited representative can represent you in federal circuit court. If your case moves past the Board of Immigration Appeals into a federal appeals court, you will need to hire a licensed attorney to take it further.3eCFR. 8 CFR 1292.12 – Accreditation of Representatives This matters more than it might seem at first. Cases that begin as routine benefit applications can escalate into removal proceedings and beyond, so it is worth asking about scope before you hire anyone.
Partial vs. Full Accreditation
Accreditation comes in two levels, and the difference decides where your representative can go with your case.
Partial Accreditation
A partially accredited representative handles matters before the Department of Homeland Security, which for most people means U.S. Citizenship and Immigration Services. That covers naturalization applications, adjustment of status, work permits, family-based petitions, and similar benefit filings. The representative can prepare paperwork and appear with you at USCIS interviews.3eCFR. 8 CFR 1292.12 – Accreditation of Representatives For many immigrants, this is enough. Most people in the system are applying for something, not defending against removal.
Full Accreditation
A fully accredited representative can do everything a partial one does and can also appear in immigration court and before the Board of Immigration Appeals.3eCFR. 8 CFR 1292.12 – Accreditation of Representatives That is where the stakes climb. Full representatives handle removal proceedings, file motions to reopen or terminate cases, and argue appeals at the BIA. To appear in those forums, they must register through EOIR’s eRegistry system.4U.S. Department of Justice. eRegistration Validation Process
If you are facing court, ask directly whether your representative is fully accredited. A partial representative cannot appear for you there, no matter how well they know your case.
The Organization Behind the Representative
Accredited representatives cannot practice on their own. Every one of them works for or volunteers with a nonprofit that the DOJ has formally recognized, and their authority is tied to that organization. If they leave, their accreditation does not follow them; the new organization has to apply for them again.5eCFR. 8 CFR 1292.17 – Administrative Termination of Recognition and Accreditation
Recognized organizations must be federally tax-exempt nonprofits that primarily serve low-income and indigent clients. If they charge fees at all, they must have a written policy for accommodating clients who cannot pay.6eCFR. 8 CFR 1292.11 – Recognition of Organizations That structure is what makes services from an accredited representative affordable in the first place, and it is also what keeps the work accountable: complaints and discipline run through both the person and the organization sponsoring them.
The organization’s own recognition status limits what its representatives can do. A fully recognized organization can sponsor both partial and full representatives. An organization with only partial recognition can sponsor only partial representatives, meaning its staff cannot go beyond DHS matters no matter how experienced they are.
How to Verify Someone Before You Hire Them
Before you sign anything or pay a fee, confirm two things: that the organization is recognized and that the individual personally holds active accreditation. EOIR publishes downloadable rosters of every recognized organization and every accredited representative, organized alphabetically and by state.7Executive Office for Immigration Review. Recognition and Accreditation Program – Roster Reports The rosters are free to search and take only a few minutes to check.
EOIR also maintains a separate list of practitioners who have been disciplined, covering both those under active suspension or other sanctions and those disciplined in the past.8Executive Office for Immigration Review. List of Currently Disciplined Practitioners Checking both lists is worth the time. Accreditation lasts up to three years before it has to be renewed,2United States Department of Justice. EOIR Policy Manual – 5.2 – Individuals Authorized to Provide Representation and Make Appearances and it can end early if the representative leaves the organization, loses eligibility, or is terminated by the DOJ. A name that appeared on last year’s roster may not be current today.
Spotting Unauthorized Practitioners
The greater danger is not a bad accredited representative. It is someone pretending to be one. USCIS states plainly that the only people authorized to give immigration legal advice are licensed attorneys and accredited representatives working for recognized organizations.9U.S. Citizenship and Immigration Services. Avoid Scams Anyone else offering these services, whatever title they use, is not authorized.
A common scheme trades on titles. In many Latin American countries, a “notario público” is a trained legal professional with real authority. In the United States, a notary public has no authority to give legal advice. Scammers exploit that confusion, along with variations like “immigration consultant” or “immigration expert,” to charge for services they cannot legally provide. The fallout for clients can be severe: botched applications, missed deadlines, and filings that trigger removal proceedings.
Some warning signs to watch for:
- Guarantees of a specific outcome or approval.
- Pressure to pay before you have seen any credentials.
- Social media ads promising fast-track green cards or work permits.
- Anyone who cannot point to their name on the EOIR roster or their organization on the recognized list.
- A “notario,” notary, or “consultant” offering legal advice about your case.
Federal law imposes criminal penalties on anyone who knowingly prepares a fraudulent immigration application for a fee, with up to five years in prison for a first offense and up to fifteen years for a repeat violation.10Office of the Law Revision Counsel. 8 USC 1324c – Penalties for Document Fraud If you believe someone is practicing without authorization, you can report them to your state attorney general’s office or to USCIS.