When solving a immigration procedure In the United States, both a representative accredited by the Office of Citizenship and Immigration Services (USCIS) and an immigration attorney can provide valuable assistance. However, their powers, costs and training can vary significantly. For this reason, it is important to know the differences between professionals to choose the most suitable one for your case.
What do lawyers do?
As most people know, immigration attorneys are licensed legal professionals who have completed legal training and are authorized to practice law. They have the power to represent their clients both in procedures before USCIS as in the Immigration Courts. That is, both in administrative and judicial processes.
The attorneys are qualified to advise and represent clients in all aspects of immigration law. This includes filing applications and petitions, representation in court proceedings and appeals, and advising on complex immigration matters.
Additionally, attorneys have extensive legal knowledge and are trained to handle complex cases and challenging, including those that may involve other areas of law.
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Accredited representative
An accredited representative, unlike a lawyer, does not have university training in law. But that does not mean that he does not know immigration law. He is not a lawyer but a person whom the US Department of Justice has given permission to represent immigrants before the US Citizenship and Immigration Services. (USCIS), the Board of Immigration Appeals (BIA), and the immigration courts. These representatives are affiliated with recognized organizations (usually nonprofit organizations) and have demonstrated sufficient knowledge of immigration law.
“You have to be qualified if you want to be a USCIS accredited representative,” he told Enlace Latino NC Valentina Maceda, accredited representative of LOOK USA, a Florida-based organization that assists immigrants.
Their scope is limited to immigration law and they cannot represent clients in other legal matters. Their level of experience and specialization may vary, but they generally do not handle cases as complex as attorneys.
They often receive specific training in immigration matters and can assist with more direct cases, such as applications for residency, naturalization, and certain categories of visas.
What can an accredited representative do?
One of the main differences between an accredited representative and an attorney is that the former cannot work independently. Instead, they must be part of a nonprofit organization to carry out their work.
In turn, organizations may have full or partial accreditation by USCIS.
An accredited representative's primary function is to provide guidance and assistance to applicants. You need to make sure they fill out your forms correctly and submit the proper documentation. If you are part of a fully accredited organization, you may also appear at the Immigration Court to represent your client, just like a lawyer.
On the other hand, if the organization has partial accreditation, it will only be able to provide legal assistance and have representation in administrative procedures before USCIS.
Both hiring an immigration lawyer and an accredited representative is a personal choice. It is not mandatory or a requirement to file an application with USCIS. However, in cases involving more complex legal issues, such as asylum applications or defense against deportation, having assistance can be very beneficial.
Immigration News
New USCIS fees go into effect April 1. You will pay more for the Green Card and US Citizenship.
Costs of an accredited representative and an attorney
Both the costs of an accredited representative and an attorney are not fixed, but vary. Different professionals and organizations charge different rates.
However, attorneys' fees are usually considerably higher. For this reason, if a person needs accessible legal services in immigration matters, an accredited representative is usually the best option.
Even several of the nonprofit organizations that have accredited representatives often have programs to cover the full amount of fees or create affordable payment plans.
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