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IMMIGRATION SCAMS
What you need to know if you're a newcomer in the United States
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Deportation, the formal removal of an immigrant from the United States for violating immigration laws, is a scary thought for many honest hardworking people who are living in a foreign land they have chosen to call home. Partly because of this fear, many immigrants easily become victims of scams perpetrated by unscrupulous individuals. Because fraud in the immigration world is quite prevalent, it is always a smart thing to consult an experienced immigration attorney when dealing with your immigration problems.
By the Editorial Staff
IT'S THE question foreigners temporarily staying in America will ultimately answer: Should they stay in America for good?
Once they've made their decision, the next step is to prepare the necessary papers that will be submitted to the Bureau of U.S. Citizenship and Immigration Services (USCIS). This is the start of a long process towards experiencing the so-called American Dream. But for many, it's also the beginning of the end of the dream they've always sought to achieve. The main culprit: Scam artists.
Don't be fooled. Your beautiful American house and your sports car parked in its garage will do you no good once you're taken into custody, detained, found deportable and given a one-way ticket out of the United States. Why risk losing everything?
We've consulted several members of the American Immigration Lawyers Association in a bid to determine the main reasons why thousands of people get expelled out of the U.S. This year alone, according to immigration officials, Hispanic countries topped the list of immigrants who were deported for various reasons, with Mexico having more than 147,000 deportees, followed by Guatemala.
In their Internet web sites, many lawyers blame the "so-called immigration consultants, notary publics, travel agents" for misrepresenting the immigrants' paperwork, ultimately leading to deportation. Other lawyers say they seem to be fighting an endless battle against unscrupulous "agents." They believe that the problem lies with misinformation.
But how would you know if you're about to become another victim? It's a complicated matter but several lawyers gave us the following tips:
- Notary publics and travel agents are NOT allowed to charge fees for immigration services, because the law forbids it. (8 C.F.R. 291.1 (3) (ii) & 291.1 (3) (iv).
"Answering or misrepresenting results in specific legal consequence that can result in denial and possible deportation," a well-known immigration lawyer told the ImmigrationNewsman.com.
The U.S. government rarely enforces the unauthorized practice of immigration laws, some lawyers said. "As a result, the government blames you, when a non-attorney commits fraud on your behalf or provides you with ‘bad information',” a California-based lawyer said.
- Be suspicious when someone makes “guarantees” or claims to have some “inside connections” with immigration officials.
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“How can anyone make guarantees or claim that they have connections with USCIS examiners,” a lawyer of former victims of immigration fraud said. “It's not possible because immigration agents are audited by the Inspector General's Office for inconsistent patterns of adjudication.”
The auditing process, according to experienced lawyers, is launched without warning. They said there have been reports indicating that the examiner's offices have been wired for sound recording.
- Beware of organizations claiming to make the immigration lottery easy for you to win. They may actually put you in trouble.
"Be aware that newer laws will cause disqualification when more than one application is filed with the State Department," another source, who also requested anonymity, said. "You do not win the lottery when you receive an envelope. First, you must become a finalist.”
A finalist wins only if he quickly files the proper applications and is approved before the numbers run out. Many finalists, however, “lose” because of later filing or disqualification.
- Beware of organizations identifying themselves as law firms, but could not present an attorney in their staff when you ask for an appointment to personally see him or her.
This is known as "capping," wherein a non-attorney gets paid for recruiting and bringing in clients for an attorney.
- Beware of representatives that obtain employment authorization by filing frivolous asylum claims. If you seek their services, you may end up spending more money in deportation court proceedings.
- Beware of Labor Certification rackets. Sometimes organizations take up to two years before filing a form I-140. It takes more than a year to get a certification, including the advertising time and the adjustment. These rackets, lawyers say, depend upon the great delays in the system to buoy up the hopes of applicants who do not necessarily qualify for Labor Certification.
The final advise? Seek an experienced attorney, preferably a member of the American Immigration Lawyers Association. And if you are not happy with the attorney's opinion, then get a second opinion on your case.
Most experienced attorneys will give you the details concerning your case. If physicians practice full disclosure, then why not ask it of your attorney? With an experienced attorney you will often get what you pay for.
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