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South Asian Network
18173 S. Pioneer Blvd
Suite I, 2nd Floor
Artesia, CA 90701
Tel: 562.403.0488
Fax: 562.403.0487
Email:
saninfo@southasiannetwork.org
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Actions / Alerts
If you need help with your
immigration status, be careful whom you see. Beware of scam artists who
can cause you to lose thousands of dollars and harm your immigration
status. Only lawyers licensed to practice in state or federal courts
can give legal advice and represent you in immigration court.
Accredited representatives can represent you in immigration court. In
California, notaries public, paralegals, accredited representatives and
immigration consultants are not necessarily lawyers.
THE ROLE OF
THE DISTRICT ATTORNEY’S OFFICE & IMMIGRATION FRAUD
California law protects consumers from dishonest
business practices. Through criminal and civil lawsuits, the District
Attorney’s Consumer Protection Division (CPD) enforces these laws and
guards against fraudulent activity. Those charged with fraudulent
immigration practices face severe monetary fines and potential jail
sentences.
SOME COMMON
EXAMPLES OF IMMIGRATION SCAMS/FRAUD:
-
Making false
promises and implying s/he has special influence with the INS. Nobody
can guarantee you a work permit or any other immigration benefit.
-
Posing as an
immigration consultant or lawyer when s/he is not qualified to do so.
-
Taking a
consumer’s money and not delivering any services.
-
Keeping a
consumer’s original documents and charging money to get the documents
back.
-
Charging the
consumer a total price for all services up front, then demanding more
and more money to continue doing work for the consumer.
-
Persuading a
consumer to lie on an application or to an INS agent.
-
Filing a frivolous
application. For example, filing an application for political asylum on
behalf of a consumer who does not qualify for asylum.
WHAT
IMMIGRATION ATTORNEYS & CONSULTANTS CAN & CANNOT DO:
Attorneys:
-
Attorneys must
have proof of bar association membership, disclose in their advertising
that they are active members of the State Bar, and licensed to practice
in California.
-
To verify if an
individual is a California attorney, contact the California State Bar at
(213) 765-1000.
Immigration Consultants:
An Immigration Consultant is someone who is not a lawyer licensed in the
United States, and who charges a fee for helping you with your immigration
case. The law strictly limits the things an immigration consultant can do,
as well as the regulations they must comply with in order to offer their
services [California Business & Professions Code Section 22440-22448].
Immigration
Consultants Cannot:
-
Give you legal
advice about your immigration status, such as getting a work permit,
bringing your family here, or your right to stay in the U.S.
-
Say they are
notary publics.
-
Tell you what
forms to use or what answers to put on the forms.
-
Keep your
original documents.
-
Do special favors
for you or know of any secret laws, or have special connections with
government agencies.
Immigration
Consultants Can:
-
Fill out
immigration forms you select with the information you tell them, and
translate your information into English.
-
Help you get
documents you tell them you need for your case.
-
Refer you to an
attorney, but cannot charge you a fee for it.
-
Deliver your completed forms to the Immigration and Naturalization
Service.
-
Assist you in completing forms, translating materials, obtaining and
submitting necessary documents, and finding legal aid.
REMEMBER
They are not lawyers, may not give legal advice, and do
not necessarily have any special training.
IF YOU ARE
RECEIVING SERVICES FROM IMMIGRATION CONSULTANTS LOOK FOR THE FOLLOWING:
-
All
immigration consultants must file a $50,000 bond with the California
Secretary of State’s Office or be subject to criminal charges. This bond
is important because the money is used by the State to benefit any
person damaged by fraud or other unlawful acts. You have the right to
request proof of this bond. The person must give you his/her state bar
number and you should keep the bond number for your records. You can
check whether a bond is valid with the California Secretary of State:
916/653-6814,
www.ss.ca.gov.
-
Tell you in
writing their name, address, phone number, agent for service, and the
bond information before they offer you any services or take your money.
-
Consultants should
always use a written contract when making an agreement with you. The law
requires that the contract be in English and your native language. Make
sure it lists all services to be performed and their total cost. You
have the right to cancel the contract for any reason within three days
(72 hours) and receive a full refund. You must cancel the contract in
writing.
-
Give ONLY copies
of original documents to the immigration consultant or lawyer. KEEP your
originals in a safe place.
-
Keep a copy of the
contract, receipt and forms being filed on your behalf. Take detailed
notes and keep for your records.
-
Get a written
contract signed and dated by the immigration consultant or lawyer, but
DO NOT sign the contract UNLESS you understand it.
-
Make sure the
contract lists the services you were promised and how much you must pay.
-
It is illegal for
a consultant to use the terms “Notario” or “Licenciado” or to
misrepresent himself or herself as an attorney. Consultants must
disclose in advertising that they are not lawyers.
-
Never sign any
immigration document you do not understand. You could be committing a
crime if you sign INS or other official documents that contain false
statements. Ask someone to translate documents for you if you cannot
read English.
-
Consultants should
not split fees with attorneys in any matter.
FOR QUESTIONS AND
TO REPORT COMPLAINTS CONTACT:
If you believe you
have been cheated by an immigration consultant, you can get help. To
report a possible crime, contact your local police or sheriff’s
department.
-
California
Department of Justice
Office of Immigrant Assistance
(888) 587-0557.
-
Department of
Consumer Affairs
(213) 974-1452.
-
District
Attorney’s Consumer Protection Division
(213) 580-3273.
HOW CAN SAN HELP?
-
SAN can assist in
filing a complaint with appropriate agency
-
SAN can coordinate
Consumer Awareness & Education presentations about fraudulent activity
in community settings, religious institution, and colleges upon request
-
SAN staff speak a
variety of South Asian languages and can provide language assistance
-
SAN can refer you
to immigration attorneys
If you
have experienced immigration related fraud and need our assistance, please
contact:
Hamid Khan
800 281 8111 or 562 403 0488
hamid@southasiannetwork.org
18173 Pioneer Blvd. Suite I · Artesia, CA 90701 ·
· website:
www.southasiannetwork.org
·
Tax Exempt 501 © 3 Non-Profit Organization · Tax ID No. 33-0608166
General
information only; Not intended as substitute for legal advise. For further
guidance, consult with an experienced immigration attorney. |
