Repairing a "fixer's" damage - Immigration Corner

Dear Attorney Gurfinkel;

Years ago, I was petitioned by my US citizen father, when I was still single. However, while waiting for the priority date on my petition to become current, I got married and had three children.

After waiting for so many years, the priority date on my petition is now current. (In fact, my priority date is now also current for married children of citizens.) I saw an ad in a newspaper by an immigration consultant who claimed he can help people with their visa problems. So, I went to him for help to fill out my immigration papers. This consultant kept boasting how he was very knowledgeable in US immigration laws, and claimed he knew tricks and shortcuts which attorneys were not aware of. In fact, this consultant even "guaranteed" I could get the visa.

This consultant was very convincing, so I paid him to help me with my immigration papers. However, now I am very nervous about his advice. Although I explained to him that I had gotten married and had children, he told me that it would be "better for my case" if I did not tell the Embassy that I am married or that I have children. According to him, this would just "complicate" or mess up my case, as telling the truth would only delay processing. He further stated that since I was petitioned as single, the law provides that I should continue to be processed for a visa as single, even though I am already married.

I really want my visa, but I want to do things right. Now I'm having second thoughts about this immigration consultant's advice.

Very truly yours,

NR

Dear NR:

It continues to surprise me that many aliens continue to pay thousands of dollars of their hard-earned money to various "immigration consultants", who claim they can help them with their immigration problem, instead of seeking the services of a licensed attorney.

If you are sick, don't you go to a doctor? If you have a toothache, don't you go to a dentist? So, why, when you have something as important as your immigration status (which affects your future and your family's future), don't you go to a real attorney, who has the education and training to assist you, and can represent you in court, before the INS, or Embassy.

Although there are INS authorized legal service organizations who do offer competent legal advice, many other immigration consultants make all kinds of promises, just to get your money. Some say that they had worked for several years in a law office, and, therefore, know how to prepare the papers, "just like an attorney". However, what if a person told you that they had worked at a doctor's office for several years. Would you let them perform surgery on you, or on your children?

Attorneys have spent years in college and then in law school, being trained in the legal profession. They must be licensed by the State Bar. Even after obtaining their license to practice law, they must take continuing education courses, to be updated on immigration laws, which are ever-changing. In fact, I check the Internet on virtually a daily basis, monitoring changes in immigration laws. I subscribe to numerous immigration publications, that come on a weekly basis, which also report on all the recent changes and developments in immigration law, and new court cases.

Consultants have no such requirements concerning education and training. In fact, anyone can call themselves a "consultant", without having any knowledge or experience in immigration laws. I also doubt these consultants even take the time (or are willing to spend that type of money) to pay for all the books and publications, to keep up with changes and developments in law. I come across many cases handled by consultants, who provided advice, or prepared documents, under old laws (i.e. affidavits of support) that resulted in delay or sometimes even denials.

I have come across people's cases, handled by immigration consultants who create more problems than they solve. They are after quick cash for themselves, rather than advising you about what is in your best interest. The money you save for this "advice" may end costing you more later on, in order to correct it. But, more important than the money, is the time that could be lost in being reunited with your loved ones. That is something you cannot put a price tag on.

In your particular case, the consultant is giving you wrong advice, and you can expect nothing but problems if you follow that advice.

If you were petitioned by a US citizen father, but then got married, you are now considered a married child, and must be processed for a visa in the category for married children (F-3). In fact, you should disclose the marriage and the existence of your children to the Embassy. This is because since you are under petition by a US citizen parent, your spouse and children could be included under your parent's petition, and get a visa with you. (Note: If you are petitioned by an immigrant parent, then marriage would void the petition.)

If you follow this consultant's erroneous advice, your spouse and children would have to be left behind. In addition, if the Embassy should find that you were married, you would then have lost all credibility with the Embassy, as they would be concerned that if you made one misrepresentation (of marital status), maybe there could be other misrepresentations you made, thereby triggering investigations, and delaying your case. So, whereas if you follow the rules, you, your spouse and children, could all potentially walk out of the Embassy with visas. If you followed this consultant's advice, it would only mess up your case.

That is why it is important that if people need legal assistance, they should go to a lawyer, who has the education, training, and license to practice law, and give legal advice. Remember, you should always try to get legal "legally".

Michael J. Gurfinkel has been an attorney for 20 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also a member of the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association.

His offices are located at 219 Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239.

(This is for informational purposes only, and reflects the firm's opinions and views on general issues. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)