INS on Naturalization Assistance

Ms. Vanna Slaughter
Executive Director
Texas Immigration and Reform Coalition
3915 Lemmon Avenue
Dallas, TX 75219

Dear Ms. Slaughter:

This responds to your request of December 14, 1995, that the Service issue a letter clarifying the role of testing entities that assist in the preparation of naturalization applications. You state you are particularly concerned about testing agencies which you believe are engaging in the unauthorized practice of law in violation of the representation requirement set forth in 8 C.F.R. Part 292.

Needless to say, we share your concern that applicants for naturalization and other immigration services received quality representation. We have written to testing entities, reminding them of their obligation to limit their services to the testing of applicants and to refrain from activities more closely associated with the unauthorized practice of law. As you may be aware, the Service monitors the practices of the testing entities. This monitoring includes looking into reported and observed violations, and has led to both administrative and criminal prosecutions.

If you become aware of specific information that suggests that a specific testing entity is engaging in false advertising or misrepresenting the services it provides, we ask that you bring the matter to the immediate attention of the local INS office, with a copy forwarded to our Naturalization Program here in Headquarters. I assure you that the appropriate inquiry will be made.

As you stated in your letter, the Service is in the process of amending 8 C.F.R. Part 312 as it relates to testing entities. Upon publication, the Service will be able to implement and manage the controls necessary to strengthen the integrity of the testing process.

If is hoped that this information shows you that we are working diligently towards improving existing policies and procedures. While a primary goal is that of customer service, we are equally focused on identifying and taking swift action against those who violate the law.

Thank you for expressing your concerns and offering to work with us towards the common goal.

Sincerely,

T. Alexander Aleinikoff
Executive Associate Commissioner for Programs