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Recently, the Executive Office for Immigration Review (EOIR) issued a Fact Sheet on who can represent aliens in immigration proceedings. (The EOIR conducts administrative hearings to determine whether aliens should be ordered removed/deported from the United States or should be granted relief from removal, in order to remain in the US).
In its Fact Sheet, the EOIR not only lists those persons and organizations who are authorized to represent aliens in immigration proceedings, but specifically and emphatically states that: "Notarios," visa consultants, and immigration consultants cannot represent aliens in immigration proceedings."
Thus, only the following persons or organizations can represent aliens in immigration proceedings:
Attorneys—This refers to an attorney who is licensed to practice law, and a member of good standing, of the bar of the highest court of any state, possession, territory, or commonwealth of the US, or District of Columbia.
Recognized Organizations—This includes non-profit, religious, charitable, social service, or similar organizations in the US that are "officially recognized by EOIR’s BIA" (Board of Immigrations Appeal). In order to be "officially recognized," the organization must submit an application to the BIA, and obtain a favorable recommendation from DHS (Department of Homeland Security) for an approval.
Accredited Representatives—This includes persons or organizations that are accredited by the BIA. In order to be accredited, they must be affiliated with an organization that has also been recognized by the BIA. The BIA maintains a list or roster of all recognized organizations and their accredited representatives.
Other Qualified Representatives—This includes law students, "reputable individuals of good moral character who have a personal or professional relationship with the alien" (such as a relative, neighbor, clergy, who are assisting the alien without fee or payment), or an accredited official of the government (such as a consular officer). However, it is highly unlikely that a government official would ordinarily represent an alien in removal proceedings.
Again, on the Fact Sheet, the EOIR emphatically states that only the above listed persons or organizations may represent aliens, and that, "No one else can represent aliens in immigration proceedings."
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