5.5 - Limited Appearance for Document Assistance

(a) Limited Appearance for Document Assistance Before the Immigration Court Practitioners who have not filed a Form EOIR-28 to become the practitioner of record as discussed in section 5.3, and who provide assistance to pro se respondent with the drafting, completion, or filling in of blank spaces of a specific motion, brief, form, or other document or set of documents intended to be filed with the immigration court, must disclose such assistance by completing a Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court (Form EOIR-61).  In contrast to a practitioner of record, a practitioner who provides document assistance and discloses that assistance on a Form EOIR-61 does not have any ongoing obligations to the pro se respondent or the immigration court.  A practitioner who enters a limited appearance is not authorized to appear in immigration court on behalf of respondent, is not authorized to have access to the record of proceedings, and is not required to file a motion to withdraw.  A respondent who receives document assistance is not represented, remains pro se, and is subject to service of process of all documents filed in the proceedings.  See 8 C.F.R. §§ 1003.17(b), 1292.5.   

      (1) Filing Form EOIR-61 and Assisted Documents — Form EOIR-61 is not filed as a standalone document and must be filed at the same time as the document or set of documents with which the practitioner assisted.  See 8 C.F.R. § 1003.17(b)(1).

Practitioners should use the most current version of the Form EOIR-61, which can be found on EOIR’s website.  Form EOIR-61 and the assisted document or set of documents may be filed by the pro se respondent, or the pro se respondent may arrange for another individual, such as the practitioner who assisted, to file the documents in accordance with EOIR filing polices.  See Part II, Chapter 2.1 (Delivery and Receipt) Part III, Chapter 2.1 (Delivery and Receipt).  A Form EOIR-61 will not be accepted if a respondent has a practitioner of record in the relevant proceeding.  After the filing of a Form EOIR-61 and assisted document(s), any subsequent filing of an assisted document or set of documents must be accompanied by a new Form EOIR-61, regardless of whether the same practitioner is providing assistance.  See 8 C.F.R. § 1003.17(b)(1). 

     (2) Practitioner Identification on Assisted Documents — Notwithstanding a practitioner’s disclosure of assistance on a Form EOIR-61, the practitioner must comply with the particular disclosure requirements for preparers on applications and forms, and the practitioner must identify him or herself by name, accompanied by his or her signature, on motions, briefs, or other documents intended to be filed with the immigration court pursuant to a limited appearance for document assistance.  See 8 C.F.R. § 1003.17(c).

     (3)  Law Students and Law Graduates –The law student’s or law graduate’s supervising attorney or accredited representative cannot file the EOIR 61 on his or her own.  The supervising attorney or accredited representative must complete and submit a Form EOIR-61.      

(b) Limited Appearance for Document Assistance before the before the Board Practitioners who have not filed a Form EOIR-27 to become the practitioner of record as discussed in Chapter 5.3 and who provide assistance to unrepresented or pro se aliens with the drafting, completion, or filling in of blank spaces of a specific appeal, motion, brief, form, or other document or set of documents intended to be filed with the Board must disclose such assistance by completing a Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals (Form EOIR-60).  See 8 C.F.R. § 1003.38(g)(2).  In contrast to a practitioner of record, a practitioner who provides document assistance and discloses that assistance on a Form EOIR-60 does not have any ongoing obligations to the unrepresented or pro se alien or the Board.  A practitioner who enters a limited appearance is not authorized or required to appear before the Board on behalf of the unrepresented or pro se alien, is not authorized to have access to the record of proceedings and is not required file a motion to withdraw.  An unrepresented or pro se alien who receives document assistance before the immigration court is not represented, remains pro se before the Board, and is subject to service of process of all documents filed in the proceedings.  See 8 C.F.R. §§ 1003.38(g)(2)(ii), 1292.5.  Limited appearance for document assistance through a Form EOIR-60 in Board proceedings is permitted only in cases arising from the immigration court.  See section (3) below.

     (1) Filing Form EOIR-60 and assisted documents - A Form EOIR-60 is not filed as a standalone document and must be filed at the same time as the document or set of documents with which the practitioner assisted.  See 8 C.F.R. § 1003.38(g)(2)(i).

Practitioners should use the most current version of the Form EOIR-60, which can be found on the EOIR’s website athttps://www.justice.gov/eoir/eoir-forms.  The Board will not recognize a Form EOIR-61 filed with the Board, and assisted document or set of documents received with a Form EOIR-61 will be rejected.

The Form EOIR-60 and assisted document or set of documents may be filed by the unrepresented or pro se alien, or the unrepresented or pro se alien may arrange for another individual, such as the practitioner who assisted, to file the documents in accordance with EOIR filing polices.  See Part III, Chapter 2.1 (Delivery and Receipt).  A Form EOIR-60 will not be accepted if a respondent/applicant has a practitioner of record in the relevant proceeding before the Board.

After the filing of a Form EOIR-60 and assisted document(s), any subsequent filing of an assisted document or set of documents must be accompanied by a new Form EOIR-60 from the practitioner, regardless of whether the same practitioner is providing assistance.  See 8 C.F.R. § 1003.38(g)(2)(i).

    (2) Practitioner identification on assisted documents – Notwithstanding a practitioner’s disclosure of assistance on a Form EOIR-60, the practitioner must comply with the particular disclosure requirements for preparers on applications and forms, and the practitioner must identify him or herself by name, accompanied by the practitioner’s signature, on appeals, motions, briefs, or other documents intended to be filed with the Board pursuant to a limited appearance for document assistance.  See 8 C.F.R. § 1003.38(g)(3).

    (3) Limited appearances for document assistance only permitted in cases that originated in the immigration court – Practitioners are only permitted to make a limited appearance for document assistance through a Form EOIR-60, as discussed above, in Board proceedings related to cases arising from the immigration court.  Limited appearances for document assistance through the Form EOIR-60 are not permitted in cases before the Board arising from a DHS decision, such as those related to a visa petition, waivers of inadmissibility for nonimmigrants under § 212(d)(3)(A)(ii) of the Immigration and Nationality Act, or fine.  Any Form EOIR-60 and the associated assisted documents filed in cases before the Board arising from a DHS decision will not be recognized and will be rejected.  Practitioners who provide document assistance in such cases must file a Form EOIR-27 as discussed above.  See generally Part III, Chapters 8 (Visa Petitions), 9 (Fines).