Don't Be a Victim of Immigration Fraud

[Rebecca Jo 1,962]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=915c9ddf801b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=915c9ddf801b3210VgnVCM100000b92ca60aRCRD

Notarios, Notary Publics and Immigration Consultants

Notarios, notary publics and immigration consultants may NOT represent you before USCIS. While in many other countries the word “Notario” means that the individual is an attorney, this is not true in the United States and they may not provide the same services that an attorney or accredited representative does.

A notario may NOT:

Give you legal advice on what immigration benefit you may apply for or what to say in an immigration interview

Hold him or herself out as qualified in legal matters or in immigration and naturalization procedure

If you are seeking help with immigration questions, you should be very careful before paying money to a non-attorney. Please use the following guidelines when selecting an individual to represent you:

How to Protect Yourself from Becoming a Victim:

DO NOT sign blank applications, petitions or other papers.

DO NOT sign documents that you do not understand.

DO NOT sign documents that contain false statements or inaccurate information.

DO NOT let anyone keep your original documents.

DO NOT make payments to a representative without getting a receipt.

DO NOT pay more than a nominal fee to non-attorneys or make payments on the internet.

DO obtain copies of all documents prepared or submitted for you.

DO verify an attorney’s or accredited representative’s eligibility to represent you.

DO report any representative’s unlawful activity to USCIS, State Bar Associations and/or State Offices of Attorneys General.

For more information on how to report unlawful activity, please see the links on the right side of this page for the National Association of Attorney Generals and the American Bar Association. These websites contain contact information for your state Attorney General or State Board.

Attorneys and Accredited Representatives

You may choose to have someone, such as an attorney or accredited representative of a recognized organization, represent you when filing an application or petition with USCIS. Only attorneys and accredited representatives may communicate on your behalf regarding your application with USCIS. For more information on finding an attorney or accredited representative to help you file an application or petition, please see the “Finding Legal Advice” link on the left side of this page.

Edited April 23, 2011 by Rebecca Jo

[Rebecca Jo 1,962]

http://docs.google.com/viewer?a=v&q=cache:IzRRNTxDQLUJ:cliniclegal.org/sites/default/files/FilingcomplaintsagainstNotariosandImmigrationConsultants_1.pdf+can+immigration+consultants+advertise&hl=en&gl=us&pid=bl&srcid=ADGEESjqcZItrNLFTQpQC6JHKDUamUHcCKndf_qHY8MpRKA9jDaWaOLlyii6G6btedjzjcxOoxTZOmu--hJuHtcte7CEo6sy2_km_KB86DLdN1n_c6mXoM6i5F1e9fy6spWvPji3Zpl0&sig=AHIEtbTnUE0T0w-sskjnRzX3NSONZzaWHw

"The Board of Immigration Appeals (BIA) is the federal administrative appellate court for immigration law

in the United States, and it authorizes six categories of people who can provide representation for

immigration purposes. Two common categories are attorneys and accredited representatives. Accredited

representatives are non-attorneys who the BIA authorizes to provide immigration legal services.

A non-profit, religious, charitable, social service or similar organization that charges only nominal fees

and that has adequate knowledge, information, and experience in immigration law can apply to the BIA to

receive recognition to provide immigration legal services. In addition, it can apply to the BIA to obtain

accreditation for its staff to provide immigration legal services. Refer to 8 CFR §§292.1, 292.2, 1292.1,

and 1292.2 for the federal authority on who can provide immigration legal representation and how

charitable, nonprofit agencies can gain recognition and accreditation for their staff to provide immigration

legal services.

If you want to verify whether a person (non-attorney) or agency is authorized to provide immigration

legal services, then check the website of the Executive Office for Immigration Review (EOIR), the

umbrella organization that runs the immigration courts in the United States, for the most current list of

agencies that are authorized to provide immigration legal services as well as the most current list of

people who are accredited by the federal government to provide immigration legal services. The website

can be found at: http://www.usdoj.gov/eoir/statspub/raroster.htm (last visited August 24, 2006)."

[JimVaPhuong 4,863]

Don't mean to be a stickler, but what you're describing here isn't immigration fraud. It's someone holding themselves out to be qualified to provide a professional service that they aren't really qualified to provide. It's a form of business fraud.

I'm also curious what your motive was in posting this. I haven't really noticed this to be a big problem with VJ members. Did you see a post by someone whose case was wrecked by a consultant?

[Rebecca Jo 1,962]

Don't mean to be a stickler, but what you're describing here isn't immigration fraud. It's someone holding themselves out to be qualified to provide a professional service that they aren't really qualified to provide. It's a form of business fraud.

I'm also curious what your motive was in posting this. I haven't really noticed this to be a big problem with VJ members. Did you see a post by someone whose case was wrecked by a consultant?

The title of this thread is from the title of the USCIS page linked in Post #1.

So if USCIS calls unlicensed consultancy immigration fraud, that's good enough for me.

It's a problem on VJ.

And that's all I'm going to say about that.

[JimVaPhuong 4,863]

The title of this thread is from the title of the USCIS page linked in Post #1.

So if USCIS calls unlicensed consultancy immigration fraud, that's good enough for me.

Fair enough, then I suppose my criticism is better directed at USCIS. Calling this "immigration fraud" is akin to calling a non-attorney who gives legal advice to a client seeking a divorce "marriage fraud", or an unlicensed contractor who performs repairs or construction "real estate fraud". The term "immigration fraud" has a widely accepted meaning that's completely different from the one they used.

It's a problem on VJ.

And that's all I'm going to say about that.

Again, fair enough, but this could be interpreted at being aimed at virtually anyone who has ever answered a question on VJ.

[HeatDeath 430]

Free advice from the internet is worth exactly what is paid for it.

Nobody here should be taking any one person's word on anything. When I was going through my process, I didn't even ask any questions - I just read the forum archives, going back hundreds of threads, scanning for anything related to my query. Search helped too.

And if I had the slightest doubt about a piece of advice, I would A ) make sure it squared with the general consensus on the issue, paying careful attention to dissenting opinions, and B ) not hesitate to ask a more authoritative source - like CBP or the Consulate I interviewed at.

That said, no one here is claiming to be a professional, and certainly no one here is trying to charge money for legal advice or professional consultancy. Therefore there is no provision of professional immigration legal services here - just a bunch of people with reasonably relevant experience. And that's perfectly fine.

[Rebecca Jo 1,962]

Again, fair enough, but this could be interpreted at being aimed at virtually anyone who has ever answered a question on VJ.

As long as the answers on this board remain from a DIY perspective, and as long as those answering do not hold themselves out to be professionals, and as long as no one collects a fee, then it does not apply.

That said, no one here is claiming to be a professional, and certainly no one here is trying to charge money for legal advice or professional consultancy. Therefore there is no provision of professional immigration legal services here - just a bunch of people with reasonably relevant experience. And that's perfectly fine.

Yes, as long as your qualifiers apply, then everything is fine.

Fair enough, then I suppose my criticism is better directed at USCIS. Calling this "immigration fraud" is akin to calling a non-attorney who gives legal advice to a client seeking a divorce "marriage fraud", or an unlicensed contractor who performs repairs or construction "real estate fraud". The term "immigration fraud" has a widely accepted meaning that's completely different from the one they used.

Why would you get legal advice from a non-attorney?

[JimVaPhuong 4,863]

Why would you get legal advice from a non-attorney?

A great many attorneys give exceedingly bad advice. You don't need to look any farther than this board to find many cases where attorneys have thoroughly screwed their clients by giving them the wrong advice. Many of those people got better and more accurate advice on this board.

[Rebecca Jo 1,962]

A great many attorneys give exceedingly bad advice. You don't need to look any farther than this board to find many cases where attorneys have thoroughly screwed their clients by giving them the wrong advice. Many of those people got better and more accurate advice on this board.

We do read such stories, that is true. I'm certain (as I am sure you are) that some of these stories are about attorneys who are not family immigration specialists. Accepting fee for service in an area one is not trained in, or licensed in, is fraud, attorney or otherwise.

At any rate, my message has nothing to do with the volunteer membership of this board who donate their time and opinions to the community. Not at all.

Edited April 26, 2011 by Rebecca Jo

[Rebecca Jo 1,962]

bumpity bump