Questions to Ask Before Hiring an Immigration Attorney

Illustrative photo of a red knitted mitten resting on the snow-covered top rail of a dark metal railing, with bare trees and snowy ground behind

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This checklist gives you questions to ask an immigration attorney or a non-attorney representative before you hire anyone, and it shows which answers you can check yourself on official government pages. It is general information, not advice about your situation. It does not judge anyone's case, rate any lawyer or tell you which option to choose. It helps you ask clear questions and compare the answers with what the Executive Office for Immigration Review publishes.

Before the first conversation: check the public lists

  • Search the person's name on the List of Currently Disciplined Practitioners, because the list has columns for the city or state, the final discipline imposed, the effective date and whether the person was reinstated.
  • Also search the List of Previously Disciplined Practitioners, because the current list sends readers there to find out whether a practitioner was disciplined in the past.
  • Open the hyperlinked date next to any match, because the list says that is where you can read more about the disciplinary history.
  • Look at the list of attorneys and representatives who are currently not allowed to practice immigration law, because the Find Legal Representation page of the Executive Office for Immigration Review links to it.
  • Look for entries marked (NEW), because the newest changes to the list carry that label, so a check you made earlier may be out of date.
  • Treat "disbarred" and "expelled" as the same result, because the list explains that the older term expelled was replaced by disbarred, which has the same meaning and effect.
  • Write down the name and city or state exactly as they appear, and the day you checked, so you can compare them with what the person tells you later.

Questions about who will represent you

  • Ask: "Are you an attorney or an accredited representative?" Federal regulations at 8 C.F.R. section 1292.1(a)(4) allow non-attorney accredited representatives to represent people before the Department of Homeland Security and the Executive Office for Immigration Review, which includes the immigration courts and the Board of Immigration Appeals.
  • If the answer is accredited representative, ask: "Which recognized organization do you work through?" Accredited representatives may only provide immigration legal services through recognized organizations.
  • Ask: "Is that organization non-profit and federally tax-exempt?" Only non-profit, federally tax-exempt entities may apply to be recognized.
  • Ask: "When does your accreditation come up for renewal?" Accreditation of representatives is valid for three years, and the organization must apply for renewal on time.
  • Ask: "When did your organization last renew its recognition?" A newly recognized organization must renew within two years from the approval date, and after the first renewal it must renew every six years.
  • Ask: "Have you completed the training needed to renew your accreditation?" As of December 15, 2025, there is a new training hour requirement for renewal of accreditation.
  • Open the Recognition and Accreditation Rosters and compare them with the names you were given, because the Recognition and Accreditation Program page links to these rosters.

Questions about conduct and past discipline

  • Ask: "Has the Executive Office for Immigration Review ever disciplined you?" Then compare the answer with both discipline lists, because the current list shows suspensions and disbarments.
  • Ask: "If you were disciplined, were you reinstated?" The current list has a column that shows whether a listed person was reinstated.
  • Before you meet, read the Professional Conduct for Immigration Practitioners factsheet, because the discipline page lists it next to the Rules for Professional Conduct and their amendments as background on the Attorney Discipline Program.
  • Read the frequently asked questions on professional conduct for practitioners and the short guide to read before you take advice, because the Find Legal Representation page lists both.

If you cannot afford a private lawyer

  • Ask a nonprofit: "Are you a recognized organization with accredited representatives?" The Recognition and Accreditation Program aims to increase the availability of competent immigration legal representation for low-income and indigent persons.
  • Look at the List of Pro Bono Legal Service Providers and the Pro Bono Portal, because both are linked from the Find Legal Representation page.
  • Ask any legal aid program: "Do you limit your services by income, and do you take immigration matters?" The government's legal aid page says some programs limit their services to people with low incomes, that you can search for help in your state using your zip code or address, and its list of issue types names family, civil, housing, employment and consumer law.
  • Ask a law school pro bono program whether it takes immigration matters, because the same page points to a directory of law school pro bono programs in your state.

The photo on this page is illustrative only: a red knitted mitten rests on the snow-covered top rail of a dark metal railing, with bare trees and snowy ground behind it.

The cited pages do not explain how to check a state law license or what a lawyer charges. Before you sign anything, confirm the person's name on the current and previous discipline lists and, for an accredited representative, on the Recognition and Accreditation Rosters on the official site of the Executive Office for Immigration Review, and for authorized help start with its List of Pro Bono Legal Service Providers or our page on how to find authorized immigration help.

VisaNow.AI is not a law firm and does not give legal advice. This page is general information taken from official government pages; it does not assess anyone's case. An attorney-client relationship arises only with an independent attorney. Check the official pages for current details.

Information current as of 2026-10-29