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Immigration Regulations 8 CFR - Representation and Appearances - Sec. 292.1

TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) 8 CFR: SUBCHAPTER B -- IMMIGRATION REGULATIONS 8 CFR PART 292 -- REPRESENTATION AND APPEARANCES Sec. 292.1

Representation of others. (a) A person entitled to representation may be represented by any of the following:

  1. Attorneys in the United States. This includes any attorney who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law.

  2. Law students and law graduates not yet admitted to the bar. This includes a law student who is enrolled in an accredited law school or a law school graduate who is not yet admitted to the bar, provided that:

    1. He or she is appearing at the request of the person entitled to representation;
    2. In the case of a law student, he or she has filed a statement that he or she is participating, under the direct supervision of a faculty member, licensed attorney, or accredited representative, in a legal aid program or clinic conducted by a law school or non-profit organization, and that he or she is appearing without direct or indirect remuneration from the alien he or she represents;
    3. In the case of a law graduate, he or she has filed a statement that he or she is appearing under the supervision of a licensed attorney or accredited representative and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; and
    4. The law student's or law graduate's appearance is permitted by the official before whom he or she wishes to appear (namely an immigration judge, district director, officer-in-charge, regional director, the Commissioner, or the Board). The official or officials may require that a law student be accompanied by the supervising faculty member, attorney, or accredited representative.

  3. Reputable individuals. Any reputable individual of good moral character may act as a representative, provided that:

    1. He is appearing on an individual case basis, at the request of the person entitled to representation;
    2. He is appearing without direct or indirect remuneration and files a written declaration to that effect;
    3. He has a pre-existing relationship or connection with the person entitled to representation (e.g., as a relative, neighbor, clergyman, business associate or personal friend), provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and
    4. His appearance is permitted by the official before whom he wished to appear (namely, a special inquiry officer, district director, officer-in-charge, regional commissioner, the Commissioner, or the Board), provided that such permission shall not be granted with respect to any individual who regularly engages in immigration and naturalization practice or preparation, or holds himself out to the public as qualified to do so.

  4. Accredited representatives. A person representing a non-profit religious, charitable, social service, or similar organization established in the United States and recognized as such by the Board of Immigration Appeals may designate a representative or representatives to represent clients in immigration matters.

  5. Accredited officials. An accredited official, in the United States, of the government to which an alien owes allegiance, if the official appears solely in his official capacity and with the alien's consent.

  6. Attorneys outside the United States. An attorney other than one described in 8 CFR §1.1(f), who is licensed to practice law and is in good standing in a court of general jurisdiction of the country in which he/she resides and who is engaged in such practice. Provided that he/she represents persons only in matters outside the geographical confines of the United States (i.e. the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the U.S. Virgin Islands), and that the official before whom he/she wishes to appear allows such representation as a matter of discretion.
 
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