Caution!
Although the United States government provides many legal avenues to immigrate to the U.S., there has been a tightening of security, especially since the terrorist attacks on September 11, 2001. As such, the immigration laws have changed dramatically over the last several years. This means that it is more important than ever to follow strict guidelines during the immigration process.
Given the fact that immigrating to the United States has become more complex, the need for expert help to do so has become very important, and sometimes necessary. However, there are a number of attorneys and non-attorneys who are not familiar with the laws and who lack training when it comes to the immigration process. Some of them even claim to be immigration experts. I know of cases where people have unnecessarily lost their chance to immigrate because of the person who they employed to help them.
How to know if someone is an Immigration expert…
You can tell if someone is truly an Immigration expert by the following tests:
1. Are they licensed as lawyer or attorney in the United States?
2. Do they specialize in Immigration Law?
3. Do they belong to American Immigration Lawyers Association (AILA)?
These are important questions to ask to make sure that you are getting the best help available to make the immigration process as successful and as smooth as possible.
BEWARE OF “NOTARIOS”!
For clients from countries where only lawyers are authorized to notarize, they may be led to believe that a notary public or "notario" in the United States is also an attorney. Becoming a notary public in the U.S. is a commissioned position, but it does not require a law degree.
I have encountered cases where my clients had first gone to a “notario,” usually with the hopes to save money, only to later discover that the person they thought was an attorney really was not. Oftentimes the advice they get is incorrect or misleading, and can result in a delay in the immigration process or even jeopardize the immigration opportunity altogether. I had one client who, with proper legal help, should have easily become a citizen. However, her case was closed, and by the time she became my client she had to start the process all over again.
A WORD ABOUT “ICE” DETENTION --
You must be extra careful when you or your loved one is detained in an Immigration and Customs Enforcement (“ICE”) facility or in a removal proceeding. Some attorneys and non-attorneys prey on illegal immigrants in these situations. They may take thousands of dollars and do absolutely NOTHING to benefit their clients. Even if there are chances of fighting back, you may lose your chance unless you secure the services of an immigration attorney who will consult with ICE officers and file all the appropriate paperwork by the due date. NEVER hire a non-attorney for ICE detention or removal cases. They do not have the necessary legal training or the right to represent you in the court proceedings.
In one case, I was retained for a person detained at an ICE facility. I met the client in person at the jail and spoke with the officer in charge several times. At the time, no bond was set for the individual. A family member called to say that someone said that a bond was set. He was told that if he paid the person, the person could release the client from the jail with bond. How funny and outrageous. I had talked to the officer in charge only few minutes prior, and no bond had been set. I called the officer in charge to re-confirm this. The lesson of the story is: BE CAREFUL OF WHO YOU TRUST. If the family member did not call the attorney first, and had paid the individual, the individual would have taken thousands of dollars. Worse, he might have threatened to report the family member to the immigration services later. THERE ARE MANY INDIVIDUALS WHO WOULD LOVE TO TAKE ADVANTAGE OF YOUR DIFFICULT SITUATION.
Here are some links that provide information about fraudulent immigration cases and consequences:
http://www.ice.gov/pi/news/newsreleases/articles/060818miami.htm