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Under U.S. immigration law, a non-lawyer document preparer
can fill out Immigration forms for someone for a fee as
long as they do not give legal advice or select the form
for them.
The U.S. Department of Citizenship and Immigration
Services (USCIS) defines “preparation” of
Immigration forms as:
“the study of the facts of a case and the applicable
laws, coupled with the giving of advice and auxiliary
activities, including the incidental preparation of
papers, but does not include the lawful functions
of a notary public or service consisting solely of
assistance in the completion of blank spaces on printed
Service forms by one whose remuneration, if any, is
nominal and who does not hold himself out as qualified
in legal matters or in immigration and naturalization
procedure.” 8
CFR § 1001.1(k).
Preparation of immigration forms and representation in immigration proceedings is limited to attorneys, recognized organizations and accredited representatives. However, if the work is limited, to essentially a typing service, then it is not “representation” within the meaning of the Federal statute. This exception is the basis for the many independent paralegals who now prepare immigration forms for their customers without being an attorney or an approved Immigration Agent.
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