A. Overview

The following categories of individuals may seek permission to appear with the benefit requestor before USCIS:^[1]

1. Reputable individuals;^[2] and
2. Accredited officials.^[3]

However, they cannot file a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28). Interaction is limited to in-person appearances with the benefit requestor. USCIS does not provide written correspondence or documents on behalf of the benefit requestor to either a reputable individual or accredited official who seeks permission to or has appeared with the benefit requestor.^[4]

The table below provides an overview of the other categories of representatives and the corresponding limitations.

B. Reputable Individuals

An individual may appear as a reputable individual before USCIS if the individual meets the following criteria:

1. The individual is a person of good moral character;^[5]
2. The individual is not receiving payment directly or indirectly for representing the benefit requestor;^[6]
3. The individual has a pre-existing relationship with the benefit requestor (for example, relative, neighbor, clergyperson, business associate, or personal friend);^[7]
4. The individual is appearing at the request of the benefit requestor;^[8] and
5. The individual is not regularly engaged in immigration and naturalization practice or preparation and does not hold himself or herself out as qualified to do so.^[9]

Documentation and Communication

Reputable individuals must first provide a written request^[10] and demonstrate they meet the above criteria before they accompany a benefit requestor for an interview or other appearance.^[11] USCIS reviews the written request and may ask any questions necessary to determine if the person satisfies the requirements of a reputable individual. USCIS includes the written statement in the record.

C. Accredited Officials

An accredited official of a government to which a benefit requestor owes allegiance may request permission to accompany the benefit requestor in an interview or other appearance before USCIS.^[12]

The accredited official must demonstrate at the interview or appearance before USCIS that:

1. The individual is an accredited official of the government to which the benefit requestor owes allegiance;
2. The accredited official is appearing solely in his or her official capacity; and
3. The accredited official is appearing at the request and with the consent of the benefit requestor.^[13]

Documentation and Communication

Accredited officials do not need to obtain prior approval before they accompany the benefit requestor for an interview or other appearance, so long as they can demonstrate at the time of the interview or other appearance that they meet the qualifications to appear as an accredited official.

Footnotes

[^ 1]There are other categories of people who may accompany an individual to an interview even if not providing representation. For example, a consultant as described in 8 CFR 208.30(d)(4) may accompany an individual to a credible fear interview or a trusted adult may accompany a child to certain interviews.

[^ 2] See 8 CFR 292.1(a)(3).

[^ 3] See 8 CFR 292.1(a)(5).

[^ 4] See 8 CFR 103.2(a)(3).

[^ 5] See 8 CFR 292.1(a)(3). See INA 101(f). Good moral character means character which measures up to the standards of average citizens of the community in which the applicant resides. See In re Mogus, 73 F.Supp. 150 (W.D. Pa. 1947) (moral standard of average citizen). Background checks are not necessary to establish good moral character in this context. This is a discretionary determination based on information that is readily available to the interviewing officer.

[^ 6] See 8 CFR 292.1(a)(3)(ii).

[^ 7] USCIS may waive the requirement that a pre-existing relationship exist between the benefit requestor and the reputable individual in cases where adequate representation would not otherwise be available. See 8 CFR 292.1(a)(3)(iii).

[^ 8] See 8 CFR 292.1(a)(3)(i).

[^ 9] See 8 CFR 292.1(a)(3)(iv).

[^ 10] For an example of a request, see Appendix: Sample Declaration - Reputable Individual [1 USCIS-PM D.2, Appendices Tab].

[^ 11] Further, an asylum applicant must sign a waiver of confidentiality under 8 CFR 208.6(a) for a reputable individual to be present during the asylum interview.

[^ 12] See 8 CFR 292.1(a)(5).

[^ 13] See 8 CFR 292.1(a)(5).