Government cracks down on immigration consultants

The Los Angeles Times reportedly reported that three immigration consulting companies were hauled to court by the California State Attorney General, for allegedly "falsely portraying themselves as lawyers, false advertising, and taking advantage of immigrant clients."

State Atty. Gen. Bill Lockyer filed the lawsuits against the Immigration Solution Center, Immigration World Wide Services Inc., and Asian Pacific Legal Services. Two attorneys were named as alleged accessories. The attorney general said he is asking the court for restitution, to stop the companies from continuing their practice, and to make the companies pay fines of up to $1 million.

"It is against the law for non-lawyers to be acting as attorneys, and, in addition, they are often doing so incompetently, and taking large fees," Lockyer said.

The State’s cases find support on a recent legal opinion by the Immigration and Naturalization (INS) headquarters in Washington D.C., which clarified that any business entity that is not a law firm may not practice law before the INS, unless the entity is a non-profit organization that has obtained prior authorization from the Board of Immigration Appeals. The legal opinion also explains that the "practice" of law includes "assessing the facts of a case and advising someone concerning how to obtain an immigration benefit."

The complaints, which were released by the attorney general, allege that the companies charge fees ranging from $20 to $1,500 "for legal services they cannot lawfully provide, and are falsely guaranteeing favorable and speedy results."

The complaint added that "sometimes, too, without consulting an attorney, the non-attorney defendants advised clients, at times erroneously, whether they were entitled to immigration benefits and got clients to file frivolous immigration applications."

The INS has made it clear that the immigration consultants cannot practice law, unless they first obtain authorization from the Board of Immigration Appeals. Former INS Commissioner Doris Meissner had also issued a memo that stated that "only attorneys and accredited representatives may engage in the practice of law before the Service." Although there are limited exceptions to this rule, Meissner said "these exceptions are available only if the person receives no payment for the appearance."

The Commissioner noted that the "practice of law" includes advising individuals concerning the selection, completion, and filing of Service forms (such as petitions or applications), in addition to actually appearing before the Service officer... Even advice limited to something as ‘simple’ as selecting and completing the proper Service forms constitutes the practice of law, since this depends on a legal conclusion that the client is eligible for the particular benefit."

The INS legal opinion and Meissner’s memo virtually slam the door on immigration consultants from almost all kinds of immigration practice, including the completion and filing of immigration forms.

Since that legal opinion came out, the INS and the attorney generals of various states have been monitoring the actions of immigration consultants. In fact, only a month ago, federal authorities arrested a Filipino-American immigration consultant residing in Beverly Hills and five of his staff members in Manila.

It is obvious that the INS and Federal authorities do not want people to be victimized by unlicensed and unauthorized immigration consultants. People who continue to entrust their immigration matters to these "consultants" are, therefore, forewarned that their cases could be jeopardized for the simple reason that the mere act of "completion and filing" of your immigration forms by these consultants is considered "illegal." How can any "client" of these consultants expect to do things the "legal way" when the very person who is supposed to be helping them is engaging in illegal activity?

Many immigration consultants claim they have worked for several years in law offices, and know how to prepare the documents, "just like an attorney." What if a nurse or surgical assistant were to tell you that she has worked with a surgeon for many years, would you let them perform surgery on you?

The bottom line is that consultants who charge for their services may not "practice" law, unless they have obtained authorization from the Board of Immigration Appeals. Rather than taking chances with "unauthorized" consultants, you should see a reputable attorney, licensed by the State Bar and authorized to practice law in the U.S., who can advise you about the various options available, the risks and benefits, and the best course of action to take. Most important, only an attorney will be there in your time of need, to be with you in court. An "immigration consultant" cannot represent you in Court.

Your immigration status is much too important a matter. Your decision as to who should assist you should not be based solely on the money you think you are saving at that moment by using a consultant. You will undoubtedly end up spending more money and, more important, "wasting time," if you do not do it right the first time.

Michael J. Gurfinkel has been a licensed attorney in California for 21 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 an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

His offices are located at 219 North 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. For more information about the Law Offices of Michael J. Gurfinkel, and to read previously published articles, please visit our website at www.gurfinkel.com

(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. 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.)