Immigration Fraud
Immigration Fraud Hotline: (866) 390-2992
Brochures
Immigration Services Fraud: Know Your Rights!
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Consumers seeking immigration advice or services for visas and other legal status must be aware of their rights.
Generally, five categories of individuals or entities may appear before the US Immigration Courts:
- Attorneys
- Non-Profit Organizations
- Federally Accredited Immigration Service providers
- Elected Officials
- Government Employees
Consumers must be wary of unlicensed immigration consultants who fraudulently claim expertise or promise results that they simply cannot deliver.
Federally accredited Immigration Services businesses must provide you with paperwork in English and the language(s) in which the office provides assistance.
The Immigration Services businesses must display legible signs stating that the provider is not an attorney and cannot give legal advice.
The notices must also disclose the fees charged for services and contain a statement regarding your three day right of cancellation.
Make sure any representation agreement is made in writing and that you understand all the terms before signing. The agreement should list all fees and the scope of the representation.
Do not give the consultant any original documents. Make sure you are given a copy of any agreement and ask that it be translated if the negotiation was in another language.
Keep detailed records of any payments which should be made by check or credit card if possible, and ask for a signed receipt.
Be wary of individuals offering inside connections with immigration authorities, or who otherwise suggest that they are able to guarantee results.
Beware of notario fraud. Notaries public may take advantage of the literal Spanish translation of their title, “notario público”, a title describing an attorney in many Latin American countries.
Notaries Public are not attorneys. Notaries, travel agents or insurance agents are not allowed to advise you on immigration matters or other legal matters.
UNLICENSED PRACTICE OF LAW: Consumers should check with the New York State Office of Court Administration Attorney Registration Unit at (212) 428-2800 to verify if someone claiming to be an attorney licensed in New York is in fact admitted to practice in New York and registered with New York's Unified Court System. Or click here to search the online attorney directory: http://iapps.courts.state.ny.us/attorney/AttorneySearch
REMEMBER: Any person or business that offers immigrant assistance services* within New York City must do the following: (*Attorneys, not-for-profit organizations, federally accredited immigration service providers, elected officials, and government employees are exempt).
- Provide a written contract that itemizes all services, and that lists all fees and costs to be charged for services. Contract must be written in the language understood by consumers. If other than English, an English version must also be provided.
- Post signs and disclaimers in advertising stating the provider is not an attorney or accredited by the Board of Immigration Appeals, and that providers may not give legal advice. Signs must be conspicuously posted and in all languages in which services are provided at the location.
- Maintain a $50,000 surety bond.
- Retain copies of all documents prepared or obtained for the customer for three years.
- Allow consumers to cancel any contract within three days and receive a full refund. This may be waived in writing for providing emergency assistance, as specifically allowed by law.
Immigrant service providers cannot do the following:
- Charge fees to provide, distribute, or submit official government documents/forms.
- Charge fees for services not performed.
- Fail to provide consumer with copies of documents filed or sent on behalf of consumer; or refuse to return original documents.
- Advertise legal services or give legal advice concerning an immigration matter.
- Imply that they have special influence with government entities, or make guarantees unless there is a basis of fact and it is in writing.
- Disclose any information to immigration authorities without knowledge or consent of the consumer.
Other resources
The New York State Consumer Protection Board
http://www.otda.state.ny.us/main/bria/documents/CPBbrochure-EN.pdf