Becoming an Immigration Forms Specialist

If you are looking for assistance with immigration forms, you may have come across the term “Immigration Forms Specialist” (IFS). This refers to individuals who provide limited, non-legal help with immigration forms and applications. However, before seeking assistance from an IFS, it’s important to understand the qualifications required, permitted services, and prohibited conduct related to offering non-legal immigration services. 

In this blog post, we answer some common questions about Immigration Forms Specialists:.

How much demand is there for Immigration Forms Specialists?

The immigrant population in the United States is growing, and many immigrants are unable to afford the services of an immigration attorney.

In fact, according to the Pew Research Center, immigration has accounted for 29 percent of U.S. population growth since the year 2000. Additionally, the U.S. Census Bureau estimates that more than 40 million people living in the United States were born in another country. The number of people who apply for naturalization each year is in the hundreds of thousands, with 772,623 immigrants filing to become U.S. citizens in 2013 alone, according to the Office of Immigration Statistics.

Can anyone serve as an Immigration Forms Specialist?

The USCIS states that anyone may provide limited, non-legal help with immigration forms and charge for those services. However, it’s important to note that states determine the qualifications required, including whether or not you need to be an attorney. 

Therefore, it’s essential to check your state’s rules to find out if there are any limitations. While anyone with the necessary know-how may provide limited help with immigration forms, training can help you do the work professionally.

Can a Notary also serve as an Immigration Forms Specialist?

Yes, as long as you meet your state’s requirements for both. However, state licensing and business rules may require you to post separate bonds, present specific signage, or use certain supplies to differentiate notarial services from immigration services. 

It’s important to note that, as a Notary, you may be found guilty of engaging in the unauthorized practice of law if you provide immigration-related services and are not registered or licensed with your state to do so. This can result in harsh penalties, including fees, suspended commission, or even criminal charges.

What services can Immigration Forms Specialists provide?

Immigration Forms Specialists (IFS) are individuals who provide limited, non-legal help with immigration forms and applications. IFSs can provide non-legal immigration services that do not require an attorney, unless your state requires you to be an attorney to provide immigration consultation. Some examples of non-legal immigration services that an IFS can provide include:

Assisting individuals in completing immigration forms and applications

Translating responses to questions on immigration forms

Helping individuals gather supporting documents, such as birth certificates or other vital records, necessary to complete immigration forms

Collecting support documents required for the application process

Submitting completed forms to immigration authorities on behalf of the applicant

Making referrals to attorneys for legal representation in immigration matters

It’s important to note that some immigration matters may require the assistance of an attorney or an accredited representative. Understanding when these situations arise can help IFSs avoid the unauthorized practice of law.

What’s off-limits for Immigration Forms Specialists?

There are certain restrictions on the tasks that Immigration Forms Specialists (IFSs) are allowed to perform. These include:

Providing advice to clients on obtaining a work permit, visa, or other immigration status matters.

Recommending or selecting specific forms for clients in an immigration matter or withholding documents from them.

Advising clients on how to answer questions on an immigration form.

Providing guidance on the statutes and immigration benefits that may be available.

Advising clients on legal remedies that may be available to them during the immigration process.

Representing clients before a government agency or an immigration court, unless the IFS is also an attorney or an accredited representative.

Making promises to secure benefits in an immigration matter if the IFS does not have a firm basis for making the promise.

Advertising in Spanish using terms such as “notario” or “notario publico” that may mislead clients into believing that the IFS is authorized to practice law.

Advertising Notary services if the IFS holds a Notary commission (in some states).

Claiming to have rights, powers, qualifications, or privileges that the office of Notary Public does not provide, including the power to counsel on immigration matters (in some states).

Using terms like “immigration consultant” or “immigration specialist” or any other descriptions in advertising that may imply expertise in immigration matters (in some states).

Charging fees higher than those authorized by law.

Making false or misleading statements to clients.

Making any statement that promises to obtain special favors.

What business practices should Immigration Forms Specialists follow?

If you are an Immigration Forms Specialist (IFS), it is crucial to adhere to specific business practices. These practices include:

Providing clients with a written contract that clearly outlines the services to be rendered, the documents to be prepared, and the fees to be charged.

Displaying written notices in your place of business that comply with state law. Any notices required by state law should be provided in English and the client’s language.

Properly handling funds and payments from a client’s account.

Promptly returning all original documents that a client has provided to support the client’s application.

Retaining a client’s full file for the length of time required by state law.

It is essential to understand the qualifications, permitted services, and prohibited conduct related to offering non-legal immigration services as an IFS. Always check your state’s rules and regulations, and be sure to follow best practices to provide professional and ethical services to your clients.

Conclusion

Immigration Forms Specialists (IFSs) provide valuable services to immigrants seeking help with immigration forms and applications. While IFSs may provide limited, non-legal help with immigration matters, it is important to understand the qualifications, permitted services, and prohibited conduct related to offering non-legal immigration services as an IFS. 

Always check your state’s rules and regulations, and follow best practices to provide professional and ethical services to your clients. By doing so, IFSs can help immigrants navigate the complex immigration process and achieve their goals of becoming U.S. citizens.