Nonimmigrant Legal Representative (Reputable Individual/Law Student)

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A nonimmigrant foreign national entitled to representation may be represented by

1) Law students and law graduates not yet admitted to the bar.

A law student who is enrolled in an accredited U.S. law school, or a graduate of an accredited U.S. law school who is not yet admitted to the bar, provided that:
(i) He or she is appearing at the request of the person entitled to representation;
(ii) 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;
(iii) 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
(iv) 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.

2) Reputable individuals.

Any reputable individual of good moral character, provided that:
(i) He/she is appearing on an individual case basis, at the request of the person entitled to representation;
(ii) He/she is appearing without direct or indirect renumeration and files a written declaration to that effect;
(iii) He/she has a pre-existing relationship or connection with the nonimmigrant foreign national 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
(iv) His/her 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.

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In determining whether a [volunteer] has provided services to a particular [501(c)(3)] organization, courts consider the strength of the [volunteer]'s affiliation with the organization, the organization's ability to initiate or request services from the [volunteer], the organization's supervision over the [volunteer]'s work, and the [volunteer]'s accountability to the organization. See, e.g., Smith v. Commissioner, 60 T.C. 988 (1973); Saltzman v. Commissioner, 54 T.C. 722 (1970).

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