This is part one of three on how to get immigration advice. As you start your research, this post will highlight things to be cautious of. The second will talk about preparations before you meet with your lawyer. To determine if your lawyer is the right match, the third section will include questions that you should ask.
Here are some things to consider when you hire an immigration lawyer or consultant.
1. You should verify with the state bar association if someone claims to be a lawyer. You can visit www.calbar.ca.gov.
2. You can only be represented in Immigration Court by an attorney or an authorized representative registered with the Executive Office of Immigration Review, part of the federal Department of Justice.
3. Do not be misled by the title “notario”. Notaries in some countries are permitted to provide legal services. California’s notaries and notaries public are not lawyers. They are prohibited from giving legal advice.
4. Before you hire an “immigration consultant”, who is not a lawyer, it’s important to think carefully. Non-legal assistance is what immigration consultants provide. They can translate your answers to questions on USCIS forms and get copies of supporting documents. If you ask them, they will submit the forms to USCIS. They are not qualified to give legal advice or represent your case in Immigration Court.
5. Check to make sure the immigration consultant you hire is licensed in California. You can check online at https://specialfilings.sos.ca.gov/icbs or call 916-653-3984. You will also need to provide proof that the immigration consultant has a $100,000 surety bonds. Check out information about surety bonds at:
https://oag.ca.gov/consumers/general/immigration_consultants
6. An attorney or an immigration consultant must create a contract that details what the consultant will do, and the cost of those services. It must be written in English, in your native language, or translated to ensure that you fully understand the contents.
7. An immigration consultant will not accept original documents such as passports or birth certificates. Keep the originals safe by making copies.
8. Do not trust anyone who claims to be connected or have special influence over any government agency or office, or who promises faster processing or results.
9. Avoid anyone who asks for cash payments. You should keep a record of everything you do, including receipts and accounting of the bills you pay.
10. U.S. Citizenship and Immigration Services (USCIS) will never charge you for any forms. Citizenship and Immigration Services (USCIS): You can download forms for free at https://www.uscis.gov/forms. USCIS does NOT accept cash to pay filing fees. They only accept money orders, personal checks and certified checks. It is a scam to ask for cash to file USCIS forms.
11. Do not sign any blank form, or any other document that is unclear or contains false information. You can ask for the paperwork back or find another representative.
12. These are just a few of the common scams that can be used to get you in trouble with immigration.
- False promises made or implied special influence
USCIS. No one can guarantee you a work visa or any other type of permit.
immigration benefit. - You could be arrested, fined, or deported if you don’t pay the money or disclose your personal information.
- When he/she is not an immigration lawyer or consultant, posing as one
Not qualified to do so. - Don’t take your money, but deliver any services
- You are being persuaded to lie to an agent of USCIS or on a USCIS application.
- Keep your original documents, and charge money to get them back.
- Filing applications that won’t be approved is like applying for political asylum if one doesn’t qualify.
- You will be charged a total amount upfront for all services, and then you will be asked to pay more and more to continue the work.
Summarized from an article by U.S. Immigration Law.
