The USCIS recently issued warnings to the public about potential immigration scams. This is especially important in connection with President Obama’s November 2014 announcement of executive action, including expanding eligibility for Deferred Action for Childhood Arrivals (DACA) and the creation of a new Deferred Action for Parental Accountability (DAPA).
Among the warnings are:
On February 16, 2015, a federal judge issued a temporary injunction, preventing USCIS from implementing the expanded DACA or DAPA, or from accepting any applications, until further notice. USCIS has filed motions and appeals of that order and we hope it will be overturned. But, at the present time, there is nothing yet to file or apply for.
If you need legal advice on immigration matters, make sure the person you rely on is authorized to give you legal advice. Only an attorney or an “accredited representative” working for a Board of Immigration Appeals – recognized organization can give you legal advice. In other words, immigration consultants are not authorized to provide you with any legal advice.
There are many people advertising on the Internet, newspapers, radio, community bulletin boards, and storefronts, offering immigration help. However, many of these people are not attorneys or accredited representatives, who are qualified to give you legal advice. Such people include “notarios” and immigration consultants.
There are telephone scams, such as calls from people pretending to be USCIS personnel, requesting personal information, such as your social security number, alien number, or they may identify false problems with your immigration records, and ask you to send payment to correct the records. These calls are usually from immigration scammers, attempting to take your money and your credit card information.
Many people fall victim to fraudulent services of notarios (for people from Latin American countries), or “immigration consultants,” (for Filipinos). These scammers are not authorized to give any legal advice relating to your immigration problem.
Some businesses advertise they can “guarantee” to obtain immigration benefits for you, such as a visa, green card, or employment authorization. No one can ever guarantee results, such that if somebody claims they can, most likely they are trying to cheat you of your hard-earned money.
There are some websites pretending to be official government websites, or somehow affiliated with the USCIS, fooling people into believing that they are dealing directly with the USCIS. Their websites may look deceptively similar to official government websites, but again, they’re just trying to trick you out of your money.
INS or USCIS? Some businesses continue to refer to the Immigration and Naturalization Service (INS). However, the INS ceased functioning in March 2003, and now the USCIS has taken over many of its functions. Therefore, if you are getting solicitations referencing filings with the INS, you should be very concerned and suspicious.
The bottom line is that only an attorney (or accredited representative) can offer legal advice. Attorneys can appear in court, are licensed by their State Bar Association, and must continually attend courses, lectures, and training, so they’re updated on the latest laws, news and developments. Immigration consultants do not have these qualifications and are in fact breaking the law if they offer you legal advice.
Therefore, if you think you may be eligible for particular immigration benefits, you should seek the advice of an attorney, rather than being scammed through some of the numerous schemes outlined by the USCIS.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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