CONSULTANTS’ FILES BEING SEIZED BY DHS

By Michael J. Gurfinkel, Esq.

Recently, an alarming number of Filipinos have come to my office for consultations, with stories about how their immigration consultants’ files had been seized by DHS, and that the consultants therefore could no longer work on their cases.

This could be devastating on their future in America. Deadlines may be missed, and their cases denied. With the denial, a Notice to Appear (NTA) could be issued by the Department of Homeland Security (DHS), placing him or her in removal proceedings.

For years, I (and many other attorneys) have warned the public about the dangers of using unlicensed “consultants” for their immigration problems. Simply put, by law, a person who is not a licensed attorney is not authorized to practice law. It is just like a person practicing medicine without a license. Would you allow a non-doctor to perform brain surgery on your child?

The same is true with respect to immigration consultants. Anyone can call himself or herself a “consultant,” but what he or she is doing is illegal. How can you expect such a person to help you get “legal,” when he or she is also engaging in illegal activities? Consultants are not bound by the Rules of Professional Conduct and are not required to take courses throughout their career, so they are not updated in changes in laws. Whatever you tell them is not a “privileged communication,” meaning it is not “secret and is subject to disclosure to the government,” unlike communications to licensed attorneys, which remain confidential.

Furthermore, these consultants cannot represent you in court or before the USCIS. (In fact, I have seen some cases where USCIS refused to correspond with or recognize these consultants, and instead, dealt directly with the alien, because these consultants could not practice law).

Let this now be a warning and lesson to all: consultants are not authorized to offer any legal advice or practice law. The Department of Homeland Security and the state bars of many states are now raiding consultants’ offices and seizing their files.

That is why it is so important that you seek the advice of a reputable, licensed attorney to handle your immigration situation. If a person is not licensed to practice law, then he or she is breaking the law by handling your case.