Do you have to be an attorney to process immigration applications?
Monday, November 16th, 2009 at
4:23 am
I have seen several immigration service offices that simply fill out immigration forms for people for a fee. Is this legal or do you have to be an attorney to prepare immigration applications?
Sorry, I should have been a little more specific….I personally, know very well, how to fill out the forms; I was wondering if I have to be an attorney to charge people for this service…..
I you want to make a business out of it, you need to have finished a vocational course like paralegal, and would need a state license to start accepting or helping clients. If its just help on a voluntary basis, you can apply to volunteer in organizations like church, civic groups, etc.
You can process the applications yourself, it just that sometimes the applications and the process can be very tricky.
I never used an attorney to fill my wife’s and step-daughter’s immigration paperwork. It went through just fine.
Virtually anyone can hang up a shingle and fill out immigration forms for other people. One does not need to be an attorney to do this.
The unlicenced practise of law is a highly dangerous game …
and the State bars do prosecute …more than a few people and even forum have been closed down
The only thing the nonlawyer can do legally for you is sell you a pre-printed form and type in the information that you provide to them. They cannot tell you what information you should put on the form or what type of form to use. They cannot help you fill it out. Basically, the nonlawyer can act as a secretary or typist.
You can fill out any application form there is under the sun yourself. Tax, Immigration, Driver, Captain, Professor, Doctor, Lottery Winner.
Unfortunately, a form don’t mean a thing, until its signed and approved by the authorities.
If you are good at filling out forms, you can ask a fee for it and open a business, you don’t need a degree for it.
To invent, change or add to an official form, you need to be authorized
This is not permitted in the UK, you have to be a lawyer or approved by the OISC (Office of the Immigration Services Commissioner). A layman with no formal qualfiications in this field would never, nor should be allowed to give immigration advice.
I can’t imagine the US allowing it either.
It is not necessary to be an attorney to help someone enter their data into a form. It is illegal to provide any specific advice to a person, file an application or other paperwork for them, appear in court or any other (e.g. administrative) proceeding on their behalf, represent them, or claim to provide any sort of legal services unless you are admitted to the bar. You can be their typist, basically, nothing more. You cannot even advise them which forms they need!