|  CRIMINAL
CHARGES FILED AGAINST CONSULTANTS FOR “UNAUTHORIZED PRACTICE
OF LAW”
by Michael J. Gurfinkel, Esq.
The Texas Attorney General recently announced the
first known criminal charges
against “notarios” (or immigration consultants) in
Texas. (Under the law, only attorneys
licensed by the State Bar are authorized to give legal advice
and practice law.) This development is important not only for
immigrants in Texas, but also for immigrants throughout the U.S.,
as it points to the dangers, and illegality of consultants engaging
in the unauthorized practice of law.
According to the Texas Attorney General, these notarios
had deceived consumers by illegally providing legal advice and
services to immigrants wishing to apply for U.S. residency and
other immigration benefits. The Texas Attorney General noted that
these consultants “Thumbed their noses at the law. Perhaps
with civil and criminal charges against them, these and other
scam artists . . . can take a moment to reflect on just how serious
we are about fighting these abuses.”
The consultants had provided “services”
that included legal consultations (where they gave legal
advice), and advice on filling out and filing of documents
for immigrants seeking to apply for benefits, such as work permits
and permanent residency (green cards). However, the law is clear.
Only licensed attorneys (or
non-profit organizations authorized by the Board of Immigration
Appeals) can render such services.
Often, these scam artists either never filed the
documents they were supposed to, or, if documents were submitted,
they were improperly filled out, contained false information (or
supporting documentation), thereby jeopardizing their clients’
eligibility to obtain the immigration benefits being sought.
Immigrants were also warned to be especially cautious
of schemes stemming from scam artists who are trying to exploit
President Bush’s recent unveiling of immigration proposals.
In the past, even the mere mention of proposed changes to immigration
law brought about a surge in misinformation and deception by scam
artists, who attempt to defraud the public, by distorting facts
to consumers seeking immigration benefits. Bush’s proposal
is still only a proposal. It
is not yet law. At the present time, there is nothing yet to apply
for, or to be granted.
The bottom line is people who engage in the unauthorized
practice of law, are breaking the
law.
How can any “client” of these businesses
expect to do things the “legal way” when the very
representatives who are supposedly helping them, are themselves
engaged in illegal acts? The BCIS 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 unauthorized practice of law by these consultants
is considered “illegal.” Rather than taking chances
with scam artists, 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 for you
to be able to obtain legal immigration status. 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. 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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