MANY immigration consultants are legitimate and provide helpful services to immigrants, but there are also many dishonest and fraudulent immigration consultants and immigration assistance service providers who take advantage of vulnerable immigrant communities with elaborate schemes and false promises.
Some claim they are licensed attorneys, others adopt titles such as notario publicos or notarios and trick people into believing they are attorneys, while others claim to have a special relationship with the United States Citizenship and Immigration Service (USCIS) officers and are thus able to obtain special immigration favors for their clients.
In this week’s column, we will address options to report unscrupulous immigration service providers. Remember that the information below is not a substitute for legal advice. If you believe that you are a victim of immigration fraud, please consult with an experienced, trustworthy immigration attorney before proceeding.
1. File a complaint with the California Attorney General. You can file your complaint online at ps://oag.ca.gov/contact/consumer-complaint-against-business-or-company. Forms are available in English, Spanish, Chinese, and Vietnamese. You can also call the Attorney General’s Office of Immigration Assistance at (888) 587-0557.
2. Also, you can File a complaint with the Los Angeles County Department of Consumer and Business Affairs: https://iddweb.isd.lacounty.gov/dca_ecomplaint/. You can also call (800) 593-8222.
(Note that the goal of filing a complaint with these state agencies is to notify the state agency about possible deceptive, unlawful and unfair business practices by the immigration consultant. If there will be enough complaints filed about the same immigration consultant, the state agency might take action to stop deceptive or unfair practices.)
3. File a complaint with the California State Bar. The state bar has a dedicated team focused on investigating the unauthorized practice of law. They may refer complaints to law enforcement for possible prosecution. You may fill out a complaint for free with the state bar online or by mail. The bar will not ask about your immigration or citizenship status. Citizenship is not required to file a complaint. Online complaint forms are available in English, Spanish, Vietnamese, Korean, Mandarin, and Russian: http://www.calbar.ca.gov/Public/Complaints-Claims/Unauthorized-Practice-of-Law-Complaint
4. File a complaint with the Federal Trade Commission (FTC), which protects the consumer by collecting complaints about companies and business practices. The FTC does not resolve individual consumer complaints, but complaints help detect patterns of wrongdoing and may lead to investigations and prosecutions by law enforcement authorities. It is also possible for you to remain anonymous. You can fill out a complaint online: https://www.ftccomplaintassistant.gov/Information.
5. Bring a case against an immigration consultant who has violated the law. You can ask a court for injunctive relief (order the immigration consultant to stop unlawful practices), damages (money), or both. If you win, you may be entitled to the amount of money you lost plus an additional amount, as well as attorneys’ fees and costs. You can bring a case in the Superior or Municipal court if you are asking for more than $5,000 in damages. In this scenario, you will most likely need to hire a lawyer to represent you, and the case may take a long time to resolve. Also, you can also bring a case in small claims court if you are asking for $5,000 or less. Although you cannot hire an attorney to represent you in small claims court, you can consult with an attorney before you bring a case. Additionally, the defendant will not be allowed to hire an attorney. This route may be the quickest way to resolve a case.
If you suspect that a dishonest lawyer or immigration consultant has cheated you, please call Advancing Justice Tagalog Helpline at 1-855-300-2552 or another trusted community organization to seek advice.
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Asian Americans Advancing Justice – Los Angeles (Advancing Justice – LA) is the nation’s largest legal and civil rights organization for Asian Americans, Native Hawaiians, and Pacific Islanders (NHPI). Founded in 1983 as the Asian Pacific American Legal Center, Advancing Justice – LA serves more than 15,000 individuals and organizations every year. Through direct services, impact litigation, policy advocacy, leadership development, and capacity building, Advancing Justice – LA focuses on the most vulnerable members of Asian American and NHPI communities while also building a strong voice for civil rights and social justice. For more information, please visit https://www.advancingjustice-la.org/.
