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REPAIRING A "FIXER'S" DAMAGE
by Michael J. Gurfinkel, Esq.
Dear Attorney Gurfinkel:
Years ago, I was petitioned by my U.S. citizen father, when I
was still single. However, while waiting for the priority date
on my petition to become current, I got married and had three
children.
After waiting for so many years, the priority date
on my petition is now current. (In fact, my priority date is now
also current for married children of citizens.) I saw an ad in
a newspaper by an immigration consultant who claimed he can help
people with their visa problems. So, I went to him for help to
fill out my immigration papers. This consultant kept boasting
how he was very knowledgeable in U.S. immigration laws, and claimed
he knew tricks and shortcuts which attorneys were not aware of.
In fact, this consultant even "guaranteed" I could get
the visa.
This consultant was very convincing, so I paid him
to help me with my immigration papers. However, now I am very
nervous about his advice. Although I explained to him that I had
gotten married and had children, he told me that it would be "better
for my case" if I did not tell the Embassy that I am married
or that I have children. According to him, this would just "complicate"
or mess up my case, as telling the truth would only delay processing.
He further stated that since I was petitioned as single, the law
provides that I should continue to be processed for a visa as
single, even though I am already married.
I really want my visa, but I want to do things right.
Now I'm having second thoughts about this immigration consultant's
advice.
Very truly yours,
NR
Dear NR:
It continues to surprise me that many aliens continue to pay thousands
of dollars of their hard- earned money to various "immigration
consultants", who claim they can help them with their immigration
problem, instead of seeking the services of a licensed attorney.
If you are sick, don't you go to a doctor? If you
have a toothache, don't you go to a dentist? So, why, when you
have something as important as your immigration status (which
affects your future and your family's future), don't you go to
a real attorney, who has the education and training to assist
you, and can represent you in court, before the INS, or Embassy.
Although there are INS authorized legal service
organizations who do offer competent legal advice, many other
immigration consultants make all kinds of promises, just to get
your money. Some say that they had worked for several years in
a law office, and, therefore, know how to prepare the papers,
"just like an attorney". However, what if a person told
you that they had worked at a doctor's office for several years.
Would you let them perform surgery on you, or on your children?
Attorneys have spent years in college and then in
law school, being trained in the legal profession. They must be
licensed by the State Bar. Even after obtaining their license
to practice law, they must take continuing education courses,
to be updated on immigration laws, which are everchanging. In
fact, I check the Internet on virtually a daily basis, monitoring
changes in immigration laws. I subscribe to numerous immigration
publications, that come on a weekly basis, which also report on
all the recent changes and developments in immigration law, and
new court cases.
Consultants have no such requirements concerning
education and training. In fact, anyone can call themselves a
"consultant", without having any knowledge or experience
in immigration laws. I also doubt these consultants even take
the time (or are willing to spend that type of money) to pay for
all the books and publications, to keep up with changes and developments
in law. I come across many cases handled by consultants, who provided
advice, or prepared documents, under old laws (i.e. affidavits
of support) that resulted in delay or sometimes even denials.
I have come across people's cases, handled by immigration
consultants who create more problems than they solve. They are
after quick cash for themselves, rather than advising you about
what is in your best interest. The money you save for this "advice"
may end costing you more later on, in order to correct it. But,
more important than the money, is the time that could be lost
in being reunited with your loved ones. That is something you
cannot put a price tag on.
In your particular case, the consultant is giving
you wrong advice, and you can expect nothing but problems if you
follow that advice.
If you were petitioned by a U.S. citizen father,
but then got married, you are now considered a married child,
and must be processed for a visa in the category for married children
(F-3). In fact, you should disclose the marriage and the existence
of your children to the Embassy. This is because since you are
under petition by a U.S. citizen parent, your spouse and children
could be included under your parent's petition, and get a visa
with you. (Note: If you are petitioned by an immigrant parent,
then marriage would void the petition.)
If you follow this consultant's erroneous advice,
your spouse and children would have to be left behind. In addition,
if the Embassy should find that you were married, you would then
have lost all credibility with the Embassy, as they would be concerned
that if you made one misrepresentation (of marital status), maybe
there could be other misrepresentations you made, thereby triggering
investigations, and delaying your case. So, whereas if you follow
the rules, you, your spouse and children, could all potentially
walk out of the Embassy with visas. If you followed this consultant's
advice, it would only mess up your case.
That is why it is important that if people need
legal assistance, they should go to a lawyer, who has the education,
training, and license to practice law, and give legal advice.
Remember, you should always try to get legal "legally".
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