Beware of Immigration Service Providers who are not Attorneys

Dec 25, 2011 News

By: Attorney Gail S. Seeram,

First and foremost, Merry Christmas to you and your family! Our office wishes you joy, peace and prosperity for the New Year!
Beware of immigration service providers. Many of these unauthorized practitioners mean well. However, all too many of them are out to rip you off. This is against the law and may be considered an immigration service scam. Many providers refer to themselves as “Certified Immigration Specialist” or “Certified Immigration Provider” but there is no educational programme in the U.S. to certify anyone as an immigration specialist or provider.
Under the U.S. laws, only an immigration attorney, I repeat, attorney, can give you legal advice on an immigration matter, explain immigration options and communicating on your behalf to the immigration agencies.
Also, only an immigration attorney, I repeat, attorney, can represent you in matters pending before the U.S. Embassy, U.S. Department of State, U.S. Citizenship and Immigration Services, U.S. Custom and Border Protection, U.S. Immigration and Custom Enforcement, the Executive Office for Immigration Review (Immigration Court), and the Board of Immigration Appeals. In limited circumstances, representatives accredited by the Department of Homeland Security can assist individuals with preparation of petitions.
There have been many instances of immigration service providers, who are not attorneys, charging high fees for services they are not authorized to perform. In many cases, using a service provider instead of an attorney leads to delay in application/petition processing, high unnecessary costs, and possible denial.
It is advantageous to use an attorney since the attorney is well trained in the law and clients have legal recourse against attorneys who are licensed by the bar.
Further, beware of on-line websites that claim they can prepare and submit immigration forms for you and guarantee a fast result. Note, all immigration forms are accessible on the government website at www.uscis.gov.
10 TIPS TO AVOID IMMIGRATION SCAMS:
1.   Before you sign an immigration form make sure that you understand it and that the information on it is true and accurate.
2.   Never sign blank forms.
3.   Make sure you get a receipt for any payment you make to an attorney or especially an “immigration service provider”.
4.   Keep copies of all forms and other documents that you file.
5.   You will receive a receipt after your application is filed. Make sure to keep the receipt for your records.
6.   If you are unsure whether your “immigration service provider” is giving trustworthy advice, do not hesitate to seek a second opinion. When doing so, always work with a licenced attorney or accredited representative.
7.   Make sure person who prepares petition or form signs in the designated area.
8.   Pay filing fees with a check so cancelled check serves as an additional receipt.
9.   Report any immigration scams to attorney general office or nearest U.S. Embassy.
10.   Notarios or notaries are not authorized to provide legal services relating to immigration.

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