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ARTICLE · 22 OCTOBER 2009

Ability Of Canadian Attorneys To Handle U.S. Immigration Matters - November 2009 Update

The following article provides guidance as to when foreign licensed attorneys are permitted to represent clients before the Department of Homeland Security (hereafter referred to as “DHS”).

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The following article provides guidance as to when foreign licensed attorneys are permitted to represent clients before the Department of Homeland Security (hereafter referred to as "DHS"). Changes that will go into effect on November 1, 2009 will seriously hinder the ability of Canadian attorneys to represent clients in immigration matters before DHS.

The Code of Federal Regulations (hereafter referred to as "CFR"), in addition to the recently amended DHS attorney representation forms (hereinafter referred to as "G-28" or "G-28I" and the Immigration and Nationality Act (hereinafter referred to as "INA"), provide the legal basis for this article.

8 C.F.R. § 292.1, the general rule concerning representation by foreign attorneys, states:

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