Q: Can a FL nonlawyer assist in completing immigration forms?
I had a customer reach out to me to assist with completing immigration forms. The customer is completing an asylum application and renewing a work visa. I will not be giving legal advice, as I am not a lawyer. I will be reviewing the application after the person completes it to make sure it is filled in correctly where needed using the instructions provided. I will also be making copies of the required evidence listed on the checklist provided with the application.
A:
In Florida, as a nonlawyer, you must be cautious when assisting someone with immigration forms. It's permissible to provide clerical help, such as making copies and ensuring forms are filled out correctly based on the provided instructions. However, you must avoid giving any form of legal advice or interpreting the law, as this could be construed as unauthorized practice of law.
For instance, reviewing an asylum application or a work visa renewal to ensure that the forms are complete and correctly filled out is generally acceptable. You can check for basic errors, like missing information or signatures, as long as you do not provide guidance on how to answer specific questions.
It is important to make clear to the customer that you are not providing legal advice or representation. Also, be aware that immigration law can be complex, and even small mistakes on forms can have significant consequences.
If the customer needs legal advice or has complex questions, they should be referred to a licensed attorney or an accredited representative approved by the Department of Justice's Board of Immigration Appeals.
Remember, your role should strictly be limited to administrative assistance. Any activity beyond that scope could put you at risk of violating state regulations concerning the unauthorized practice of law.
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