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GOV'T CRACKS DOWN ON IMMIGRATION CONSULTANTS
by Michael J. Gurfinkel, Esq.
The Los Angeles Times recently reported that three
immigration consulting companies were hauled to court by the California
State Attorney General, for allegedly "falsely portraying
themselves as lawyers, false advertising, and taking advantage
of immigrant clients."
State Atty. Gen. Bill Lockyer filed the lawsuits
against the Immigration Solution Center, Immigration World Wide
Services Inc., and Asian Pacific Legal Services. Two attorneys
were named as alleged accessories. The attorney general said he
is asking the court for restitution, to stop the companies from
continuing their practice, and to make the companies pay fines
of up to $1 million.
"It is against the law for non-lawyers to be
acting as attorneys, and, in addition, they are often doing so
incompetently, and taking large fees," Lockyer said.
The State's cases find support on a recent legal
opinion by the Immigration and Naturalization (INS) headquarters
in Washington D.C., which clarified that any business entity that
is not a law firm may not practice law before the INS, unless
the entity is a non-profit organization that has obtained prior
authorization from the Board of Immigration Appeals. The legal
opinion also explains that the "practice" of law includes
"assessing the facts of a case and advising someone concerning
how to obtain an immigration benefit."
The complaints, which were released by the attorney
general, allege that the companies charge fees ranging from $20
to $1,500 "for legal services they cannot lawfully provide,
and are falsely guaranteeing favorable and speedy results."
The complaint added that "sometimes, too, without
consulting an attorney, the non-attorney defendants advised clients,
at times erroneously, whether they were entitled to immigration
benefits and got clients to file frivolous immigration applications."
The INS has made it clear that the immigration consultants
cannot practice law, unless they first obtain authorization from
the Board of Immigration Appeals. Former INS Commissioner Doris
Meissner had also issued a memo that stated that "only attorneys
and accredited representatives may engage in the practice of law
before the Service." Although there are limited exceptions
to this rule, Meissner said "these exceptions are available
only if the person receives no payment for the appearance."
The Commissioner noted that the "practice of
law" includes advising individuals concerning the selection,
completion, and filing of Service forms (such as petitions or
applications), in addition to actually appearing before the Service
officer... Even advice limited to something as Ēsimple' as selecting
and completing the proper Service forms constitutes the practice
of law, since this depends on a legal conclusion that the client
is eligible for the particular benefit."
The INS legal opinion and Meissner's memo virtually
slam the door on immigration consultants from almost all kinds
of immigration practice, including the completion and filing of
immigration forms.
Since that legal opinion came out, the INS and the
attorney generals of various states have been monitoring the actions
of immigration consultants. In fact, only a month ago, federal
authorities arrested a Filipino-American immigration consultant
residing in Beverly Hills and five of his staff members in Manila.
It is obvious that the INS and Federal authorities
do not want people to be victimized by unlicensed and unauthorized
immigration consultants. People who continue to entrust their
immigration matters to these "consultants" are, therefore,
forewarned that their cases could be jeopardized for the simple
reason that the mere act of "completion and filing"
of your immigration forms by these consultants is considered "illegal."
How can any "client" of these consultants expect to
do things the "legal way" when the very person who is
supposed to be helping them is engaging in illegal activity?
Many immigration consultants claim they have worked
for several years in law offices, and know how to prepare the
documents, "just like an attorney." What if a nurse
or surgical assistant were to tell you that she has worked with
a surgeon for many years, would you let them perform surgery on
you?
The bottom line is that consultants who charge for
their services may not "practice" law, unless
they have obtained authorization from the Board of Immigration
Appeals. Rather than taking chances with "unauthorized"
consultants, you should see a reputable attorney, licensed
by the State Bar and authorized to practice law in the U.S., who
can advise you about the various options available, the risks
and benefits, and the best course of action to take. Most important,
only an attorney will be there in your time of need, to be with
you in court. An "immigration consultant" cannot represent
you in Court.
Your immigration status is much too important a
matter. Your decision as to who should assist you should not be
based solely on the money you think you are saving at that moment
by using a consultant. You will undoubtedly end up spending more
money and, more important, "wasting time," if you do
not do it right the first time.
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