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The complexity and ever-changing rules and regulations associated with immigration law increase the likelihood of deception by dishonest immigration consultants seeking to take advantage of desperate consumers who want to legalize their immigration status. Potential victims desperately hope to receive work authorization or to become legal residents or citizens. Consumers who use these services may lose thousands of dollars to fraudulent businesses and individuals, become subject to deportation proceedings or even be accused of attempting to file false papers with immigration authorities.
Following are some tips you should keep in mind when hiring an immigration consultant.
Who is allowed to represent me on immigration matters?
- Know who you are dealing with. Ask about credentials and experience. Ask to see the consultant's diploma or license and ask for client recommendations.
- Federal law allows an attorney licensed in any state to appear before the US Citizenship & Immigration Services ("USCIS").
- The US Department of Justice Executive Office for Immigration Review accredits certain organizations and non-lawyers to represent individuals before USCIS and immigration tribunals (Immigration Courts and the Board of Immigration Appeals).
- Only attorneys admitted to practice law in federal court can represent someone in the federal courts.
What should trigger suspicions?
- Be wary of individuals offering inside connections with immigration authorities, or who otherwise suggest that they are able to guarantee results.
- Beware of notario fraud. Notaries public may take advantage of the literal Spanish translation of their title, notario publicio, a title describing an attorney in many Latin American countries. By taking advantage of the confusion, immigration consultants fraudulently claim expertise or promise results that they simply cannot deliver.
- An unwillingness to put a representation agreement in writing and demanding that all fees be paid in cash in advance are signals of potential fraud.
What should I keep in mind once I have hired an attorney or a consultant?
- Make sure you understand the terms of any retainer agreement before signing. It should include all fees, and the nature of any representation.
Request copies of any retainer agreements and any papers filed on your behalf.
Keep detailed records of all payments and obtain receipts.
Do not agree to sign any papers containing any false statements. Consumers who have been victims immigration consultant frauds are urged to contact the New York State Attorney General's Consumer Helpline at: 1-800-771-7755 or through the OAG's Web site www.oag.state.ny.us.
New York State Attorney General Eliot Spitzer issued recommendations for consumers seeking immigration assistance:
- Check with the NYS Office of Court Administration Attorney Registration Unit at (212) 428-2800 to verify if someone claiming to be an attorney licensed in New York is in fact admitted to practice in NY and registered with NY's Unified Court System.
- Make sure any representation agreement is made in writing and that you understand all the terms before signing.
The agreement should list all fees and the scope of the representation.
- Do not give the consultant any original documents. Make sure you are given a copy of any agreement and ask that it be translated if the negotiation was in another language.
- Keep detailed records of any payments which should be made by check or credit card if possible, and ask for a signed receipt.
- Be wary of individuals offering inside connections with immigration authorities, or who otherwise suggest that they are able to guarantee results.
- Beware of notario fraud. Notaries public may take advantage of the literal Spanish translation of their title, notario publico, a title describing an attorney in many Latin American countries. By taking advantage of the confusion, immigration consultants fraudulently claim expertise or promise results that they simply cannot deliver.
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