The US immigration court backlog is larger than ever, recently passing 3 million pending cases, and shows no sign of stopping its growth trajectory. Unfortunately, the number of immigration attorneys is not expanding at a comparable rate. 

This stark reality means terrible outcomes for immigrants. Uncertainty about the future can have a significant emotional and mental health toll on immigrants, especially for asylum seekers, who are often left to navigate a complex legal system alone. Asylum is a form of protection granted by a government to individuals at risk who have fled their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Between 1990 and 2021, the US has admitted 767,950 asylum seekers into the country, with admittances varying considerably between different countries.

The traditional cost of representation in immigration court is beyond many asylum seekers’ means, if they can find representation at all. At the same time, being unrepresented makes an immigrant more likely to lose their case in court — studies have shown that detained immigrants are up to 10.5 times more likely to succeed in their legal case when represented than when unrepresented. This is particularly devastating for asylum seekers, who often possess strong legal grounds to stay in the country but fail to even get their case heard, whether that’s due to not moving their case to a proper venue or losing their case because of small but critical legal errors, like failing to apply for asylum within one year of arriving.

Fortunately, a combination of recent regulatory reform and technological innovation may offer a real chance at bringing accessible legal help to those who desperately need it. Let’s dive in.

Recent regulatory changes allow access to limited representation

In November 2022, after a lengthy court battle, the Executive Office for Immigration Review (EOIR) implemented a crucial regulatory change, allowing for a new form of legal support called “limited scope representation.” With limited scope representation, an immigration practitioner can assist a client with specific aspects of their immigration case rather than representing them for the entire process. 

EOIR Forms 60 and 61 are the core documents governing limited scope representation:

• Form EOIR-60 (Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals) should be used in cases before the Board of Immigration Appeals (BIA). 

• Form EOIR-61 (Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court) should be used in cases before the immigration court.

Forms EOIR-60 and EOIR-61 are specifically for assisting with documents submitted to the immigration court or the Board of Immigration Appeals (BIA) — this includes simple administrative forms (like change of address) as well as complex legal documents. They are specifically for deportation cases, and there are no similar options for filings done directly with USCIS, at this time. Importantly, these forms do not allow the attorney to represent someone during court hearings, so attorneys must clarify that they will not be the individual’s attorney for the entire case.

Limited Scope is designed to support those representing themselves “pro se” in immigration proceedings. If a respondent already has a “practitioner of record” (meaning an attorney or accredited representative who has formally filed an appearance with Forms EOIR-27 or EOIR-28), they cannot use Forms EOIR-60 or EOIR-61 unless that practitioner formally withdraws their representation. 

Though there are some limitations, the flexibility of limited scope representation creates exciting new opportunities. This includes providing cost-effective legal services and assisting more clients, hopefully tackling the rapidly increasing backlog. This goal can be extrapolated when combined with recent technological advancements.

Technology shifts offer AI-powered tools for asylum seekers

November 2022 was pivotal for another reason: the groundbreaking launch of ChatGPT skyrocketed the popularity of AI-powered chat and text generation, reaching 180.5 million monthly users in 2024.

Its continuing impact on industry at large, from healthcare to finance and law, cannot be overstated. There’s been speculation that generative AI may replace 44% of legal tasks.

Since November 2022, AI has inspired numerous legal tech companies, and even passed the bar exam in March 2023. This rapid change, while daunting, is also very promising and has the potential to help countless people with their cases.

It’s time to bring AI-powered tools to the immigration space and use them to support those most in need. Asylum seekers have a particularly urgent requirement for informed legal guidance at an accessible cost. AI-powered tools can be designed specifically to assist this vulnerable population in navigating the complex process of filing for asylum. 

These technological advancements, combined with the expertise of a licensed practitioner, can go far in addressing the immigration backlog, providing options for asylum seekers in the US. This is the vision behind Access 61.

Access 61 harnesses the power of AI to better support asylum seekers 

We’ve built a new company that uses AI, best practices and good old fashioned human immigration attorneys to support asylum seekers.  Our team can help asylum seekers with every step of the process all the way to winning their case using limited scope engagements.  Accordingly, folks can avoid long contracts, monthly payments, and still keep their case moving along.

The team behind Access 61 goes to trial on asylum cases on a weekly basis and we have designed this process to give asylum seekers the best chance to win their case in trial and the I-589 is the foundation of a winning case.    

By leveraging generative AI that’s trained specifically to support asylum applications alongside limited-scope attorney representation, Access 61 will help more individuals file strong asylum applications at a reasonable cost, allowing them to find success. Get in contact to learn more.