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BEWARE OF "FIXERS'" ADVICE OR PROMISES
by Michael J. Gurfinkel, Esq.
Dear Attorney Gurfinkel:
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 my 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. I want to be truthful, but he is urging
me to lie to the Consul and submit fake papers. According to him,
the truth would just "complicate" or mess up my case,
or delay processing.
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?
Just recently, the U.S. Embassy reported the arrest
of a fixer, who was charging people thousands of dollars for "guaranteed"
visitor's visas. He would tell his clients to lie, and would provide
them with fake papers, to "increase" their chances of
success. But remember, if you rely on a fixer, it is you
who will suffer if caught, by facing a possible lifetime ban for
fraud. By law, you are responsible for, and bear the consequences
of, your agent's fraud, even if you are a victim. Don't rely on
fixers. Go to an attorney instead.
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 ever-changing.
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 have come across people's cases, handled by immigration
consultants who create more problems than they solve. The consultants
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. You should be truthful, and provide
legitimate, real documents to the INS or Embassy. Many people
caught with fraud, or using fake documents, could have been eligible
(or been granted the visa) had they told the truth. But, by following
the fixer's advice, they are banned for life.
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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