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18 CHARGED IN CRACKDOWN AGAINST IMMIGRATION FRAUD IN LOS ANGELES
by Michael J. Gurfinkel, Esq.
Eighteen immigration consultants have been charged
with crimes involving various immigration-related offenses in
the wake of a crackdown launched by the Los Angeles City Attorney’s
Office against people who posed as attorneys or consultants and
charged unknowing victims thousands of dollars.
In a story reported by the Los Angeles Times and
the Associated Press, City Attorney Rocky Delgadillo said the
misdemeanor charges included unlawful practice of law, failure
to post immigration bond, failure to post immigration notice,
failure to display a sign that the consultant is not an attorney,
and making a statement that a consultant can obtain special favors
from the Immigration and Naturalization Service (INS).
Delgadillo said the victims paid as much as $5,000
for legal help from consultants who promised assistance in getting
green cards and other immigration papers, but got only a piece
of “worthless notarized paper.”
Delgadillo said he has formed a strike force that
will target individuals and businesses that “take advantage
of immigrants who don’t know how the system works.”
“When someone wants to go through the process
of becoming a citizen of the United States legally, he or she
shouldn’t be subjected to illegal and fraudulent practices
along the way,” Delgadillo said.
The crackdown followed a similar campaign launched
recently by the California State Attorney General against individuals
and business entities falsely portraying themselves as lawyers,
making false advertisement, and taking advantage of immigrant
clients.
These crackdowns find support in a legal opinion
by the INS (now BCIS), which clarified that any business entity
that is not a law firm may not practice
law before the INS (BCIS), unless the entity is a non-profit
organization that had 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.” So, if a consultant offers legal advice, he or
she is breaking the law.
Federal and local authorities are going after unlicensed
and unauthorized immigration consultants. But people continue
to entrust their immigration matters to these “consultants,”
not realizing that legal advice, including advice on the mere
act of “completion and filing” of their immigration
forms by these consultants, is considered “illegal.”
I have always advised people that the best way to
“legalize” your status is to do it “legally.”
Unfortunately, in their desperation and in their desire to save
money, some people end up spending more money, and wasting their
time looking for “tricks” and “shortcuts”
instead of doing it right and legal from the start.
Many people go to consultants because they think
that they can save money, that immigration consultants can do
the work “just like an attorney,” and that many of
these consultants supposedly have “connections” in
the INS. But the law is clear – consultants are prohibited
from practicing law or even offering legal advice. If they are
breaking the law (by offering advice and operating illegally),
how can you expect them to help you get “legal”?
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 United States,
who has the necessary education, knowledge and experience to advise
you of the options available to you, the risks and benefits, and
the best course of action to take.
Your immigration status is much too important to
your and your family’s future in America. Your decision
as to who should assist you should not be based solely on the
money you think you will save by using a consultant. You will
end up spending more money, and wasting time, if you do not do
it right the first time.
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