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Is it legal for a notary/non attorney to file I130/485 for immigration in New York?

New York, NY |
Filed under: Immigration

Is this legal or does an attorney need to file this? If so, who do you report this too?

Attorney Answers 4


A non attorney may prepare and file these forms on someone else's behalf. However, make sure you complete part where it asks who prepared it, and provide your contact information. There is no reporting requirement. You will be receiving Notice of Action letters from USCIS, since you will be considered a representative of the case, and in fact, responsible for it.

Contact immigration attorney Gintare Grigaite at 646-407-2331. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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Yes, a non-attorney can prepare and file petitions.

Although, you really should at least have a consultation with an attorney to review the petitions you are filing. Just to make sure everything is in order.

Marc Taylor, Esq.

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A non-attorney can prepare documents so long as they report it on the form.

It is unclear from your posting whether you initially believed the filer was a lawyer. This is considered unauthorized practice of law and is a national concern []. There should be ways in there to get help if that is the case.

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I agree

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