Representation Before USCIS — Who Can Represent Immigrants in Proceedings and How Accredited Representatives Qualify

Legal Authority

• 8 U.S.C. § 1103 — Immigration and Nationality Act § 103; grants DHS Secretary authority to administer and enforce immigration laws; establishes the framework under which DHS prescribes rules for representation in immigration proceedings
• 6 U.S.C. § 112 — Homeland Security Act; authorizes DHS to establish rules and procedures for all agencies within DHS, including USCIS
• 8 CFR Part 292 — DHS/USCIS regulation governing representation; defines who may appear as a representative before USCIS, EOIR (immigration courts), and CBP; establishes the accredited representative framework for qualifying non-attorney advocates

Key Mechanics

Only certain categories of persons may represent applicants or petitioners before USCIS. Attorneys who are members in good standing of any state bar and are not under any order suspending or disbarring them may represent clients in all USCIS proceedings. Accredited representatives of recognized non-profit organizations may represent clients in immigration proceedings before USCIS and EOIR; the organization must first receive EOIR "recognized organization" status, and then each individual representative must receive EOIR "accreditation" — a process that takes 6–18 months. Accreditation is limited to a specific employer and expires when the representative leaves. Other permitted representatives include law students and law graduates under attorney supervision, reputable individuals of good moral character appearing in specific cases for free, and government officials in their official capacity. 8 CFR § 292.1 bars anyone not in these categories from representing parties before USCIS — unauthorized practice of immigration law (UPIL) is a federal crime under 18 U.S.C. § 1546 and state bar regulations. USCIS, ICE, and state attorneys general have prosecuted "notarios" (non-attorney immigration consultants) for UPIL. USCIS may immediately expel a representative from a proceeding if unauthorized practice is identified.

Current Rule (2026)

What This Rule Does

Not everyone can appear as a representative before USCIS, CBP, or ICE. Eight CFR Part 292 establishes the categories of individuals who may represent others in immigration proceedings before the Department of Homeland Security — who qualifies, what credentials they need, what organizations can designate non-attorney representatives, how attorneys are disciplined for professional misconduct, and how appearances are filed and documented.

Part 292 is the gatekeeping rule for representation in immigration benefits proceedings — the USCIS side of the immigration system. It works in tandem with the parallel EOIR regulations (8 CFR Part 1292) that govern representation before immigration courts and the Board of Immigration Appeals.

Key Provisions

• § 292.1 — Who may represent: an applicant or petitioner may be represented by any of the following:

  • (1) Attorneys — any attorney admitted to the bar of a U.S. state, the District of Columbia, or a U.S. territory or commonwealth, who is not under a bar suspension or disbarment order; foreign attorneys are not eligible
  • (2) Law students and law graduates — an enrolled student at an accredited U.S. law school, or a graduate not yet admitted to the bar, may represent others if appearing under the direct supervision of a licensed attorney, the law school or organization has filed an acknowledgment of responsibility, and the student or graduate is not being compensated by the applicant
  • (3) Reputable individuals — a person of good moral character who is knowledgeable in immigration law may represent a relative, neighbor, or personal friend without compensation, but only in a specific proceeding where DHS is satisfied they are trustworthy and competent
  • (4) Accredited representatives — individuals accredited by the Board of Immigration Appeals (BIA) to represent others on behalf of a recognized non-profit organization (see § 292.2)
  • (5) Accredited officials — officials of a foreign government whose government has entered into a reciprocal agreement with the United States allowing official representation
  • (6) Others authorized by statute — any person authorized by any law or regulation to represent

• § 292.2 — Recognized non-profit organizations and accredited representatives: a non-profit religious, charitable, social service, or similar organization established in the United States may apply to the BIA for recognition, after which it may designate accredited representatives to practice before USCIS and the BIA; key requirements:

  • The organization must charge little or no fee to its clients
  • The organization must have a bona fide existence, a commitment to assisting immigrants, and sufficient resources to provide competent representation
  • Individual representatives must be accredited by the BIA through a separate application demonstrating knowledge of immigration law and procedures
  • Accredited representatives may practice only while they remain employed by or volunteering for the recognized organization; their authority ends when that relationship ends
  • The BIA maintains a public roster of recognized organizations and their accredited representatives; USCIS will not recognize an appearance from an organization or individual not on the BIA roster

• § 292.3 — Professional conduct and disciplinary sanctions: DHS may impose disciplinary sanctions against any practitioner authorized to practice before DHS if the practitioner has engaged in criminal, unethical, or unprofessional conduct; grounds for sanction include:

  • Conviction of a crime involving moral turpitude
  • Knowingly making false statements to DHS or immigration courts
  • Charging fees that are clearly excessive or unconscionable
  • Failure to timely file a case resulting in irreversible harm
  • Representing parties with conflicting interests without consent
  • Assisting unauthorized practice of immigration law
  • The sanction process includes notice, a right to respond, and escalation to formal disciplinary proceedings before an adjudicating official

• § 292.4 — Filing an appearance: an attorney or accredited representative must file a Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) in each case; the form must be properly completed and signed by both the representative and the client; USCIS will not recognize an appearance — will not send notices to, or communicate with, a representative — until a properly executed G-28 is on file; an appearance remains valid for the specific USCIS component and proceeding in which it is filed, until the case is concluded or the representative withdraws

• § 292.5 — Service on attorney or representative of record: once a G-28 is filed, USCIS must serve notices, decisions, and other documents on the representative of record, not just the applicant directly; a decision served only on the applicant when a representative is on file does not start any appeal clock running against the represented party; withdrawal of the G-28 requires written notice to USCIS

How It Affects You

Immigrants and applicants should understand that only the categories listed in § 292.1 can legally represent you before USCIS. A "notario" or immigration consultant who is not an attorney, an accredited representative, or another authorized category cannot file a G-28 and cannot legally practice immigration law before USCIS. Filing with an unqualified "representative" means USCIS will not recognize the representation, may not send notices to that person, and you may lose important deadlines without knowing it. Notario fraud is a federal crime and also a violation of state unauthorized-practice-of-law statutes in every state.

Immigration attorneys must file a G-28 in every case — verbal authorization is not enough. Until the G-28 is on file, USCIS will not communicate with you about the case and appeal clock issues can arise. The G-28 covers only the specific proceeding and specific DHS component; if a case moves from USCIS to ICE or EOIR, a new appearance must be filed in each forum.

Accredited representatives at recognized non-profit organizations operate under a dual recognition framework: the organization must be recognized by the BIA, and each individual representative must be separately accredited. BIA accreditation is not automatic with employment — the representative must apply and demonstrate competence in immigration law. The BIA's public roster of recognized organizations and accredited representatives is the authoritative source for checking whether a non-profit representative is authorized to practice.

The disciplinary framework applies to both attorneys and accredited representatives. DHS may initiate sanctions independently of any state bar proceeding. An immigration attorney who has not been disbarred by their state bar may still be subject to DHS sanctions — and a DHS sanction can result in suspension or permanent bar from practicing before DHS even if the attorney's state license remains intact.

Statutory Authority

This rule implements:

• 8 U.S.C. § 1103 — General immigration authority of the Secretary of Homeland Security; authorizes DHS to establish regulations governing the conduct of immigration proceedings and the qualifications of persons who may represent parties
• 6 U.S.C. § 112 — Homeland Security Act; provides general DHS authority over immigration functions transferred from the former INS

Recent Rulemakings

No major Federal Register amendments to Part 292 in recent years. The representation framework reflects longstanding USCIS regulations implementing INA authority over immigration proceedings.

Pending Action