Avoiding Immigration Law Scams: Finding Legitimate Legal Assistance for Immigration Issues

Need help with your USCIS forms?

You can file USCIS forms yourself, but many people choose to have help. You may need help writing in the answers to questions on USCIS forms or translating documents into English.  You can get this type of limited help from anyone. This person should only charge you a small fee and not claim to have special knowledge of immigration law and procedure.

Not sure what immigration benefit to apply for or which USCIS forms you need to file? Then you may need immigration legal advice.

Only attorneys or accredited representatives can:

• Give you legal advice about which forms to submit
• Explain immigration options you may have
• Communicate with USCIS about your case

An attorney or a BIA-accredited representative can legally represent you before USCIS. Your legal representative must file a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with your application(s).  USCIS will send information on your application to your legal representative.

WARNING: “Notarios,” notary publics, immigration consultants and businesses cannot give you immigration legal advice. In many other countries, the word “notario” means that the individual is an attorney, but that is not true in the United States. If you need help with immigration issues, be very careful before paying money to anyone who is neither an attorney nor a BIA-accredited representative of a recognized organization.

How can I find a licensed attorney?

The Board of Immigration Appeals (BIA) provides a listing of attorneys in your state who provide immigration services either for free or for little cost. The American Bar Association also provides information on finding legal services in your state.

When choosing an attorney you should:

• Make sure that the attorney is eligible to practice in—and is a member in good standing of the bar of the highest court of — any U.S. state, possession, territory or commonwealth, or the District of Columbia.
• Make sure that the attorney is not under any court order restricting his or her practice of law.
• Ask to see the attorney’s current licensing document, and verify through the state bar association that he or she is a licensed attorney. 
• Check the "List of Currently Disciplined Practitioners." This is where the Executive Office for Immigration Review (EOIR) lists people who have been expelled or suspended from practicing law before USCIS. Attorneys who are on the list and who have a “No” in the last column on the right may not be eligible to give you legal advice. Ask to see a copy of the reinstatement order from the BIA.

What if I live outside of the United States?

An attorney admitted and licensed to practice law outside the United States can represent you if your application or petition is filed in a USCIS office outside the U.S. This attorney must be:

• Admitted and licensed to practice law in the country in which he or she resides
• In good standing in a court of general jurisdiction of the country in which he or she resides
• Currently practicing law as a profession

Additionally, this attorney must file a G-28I, Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States.  Please note, this attorney can only represent you if your case is being processed outside of the U.S.  If your case is transferred to a domestic USCIS office, USCIS will communicate with you directly.

Can a person who is not an attorney represent me?

Yes. You have the option of seeking help from a:

• BIA-recognized organization
• Law student or law graduate being supervised by an eligible attorney or a BIA-accredited representative

Accredited Representatives

A BIA-accredited representative working for a BIA-approved organization is eligible to represent you before USCIS and EOIR.  BIA accredited representatives are not attorneys, but they may give you immigration legal advice. An accredited representative must work for a BIA-approved non-profit, religious, charitable, social service or similar organization in the United States. Her or she may only charge nominal (small) fees, if any, for legal services.

If you choose to work with a BIA-accredited representative from a BIA-recognized organization, you should:

• Check the BIA website for the "List of Accredited Representatives and Recognized Organizations."
• Ask to see the BIA order granting the application of the recognized organization.
• Ask to see the BIA order approving the individual as an accredited representative. Approval is granted for three years.  Make sure that the BIA order is still valid and that the individual is approved to represent you before USCIS. The accredited representative should not have any problem giving you this information.
• Check the "List of Currently Disciplined Practitioners." Accredited representatives who are on this list, and who have  a “No” in the last column on the right, may not be eligible to give you legal advice.  You should ask the accredited representative if he or she has been reinstated to practice and ask to see a copy of the reinstatement order from the BIA.

Law students and law graduates

A law student participating in a legal aid program, law school clinic or nonprofit organization may represent you before USCIS if he or she is being supervised by a licensed attorney or BIA-accredited representative. The supervising attorney or accredited representative of the legal aid program, law school clinic or nonprofit organization must complete Form G-28 as your representative. See Title 8 of the Code of Federal Regulations (8 CFR), Part 292.

A law graduate not yet admitted to the bar but working for an attorney or a BIA-accredited representative may represent you before USCIS. The supervising attorney or a BIA-accredited representative must complete Form G-28 as your representative.

Future versions of Form G-28 will have spaces for the name of the law student or law graduate and his or her signature on the same Form G-28 submitted by the supervising attorney or BIA-accredited representative. The law student or law graduate must have permission of the USCIS official before whom they seek to appear. The USCIS official may require that the supervising attorney or BIA-accredited representative accompany the law student or law graduate. The law student or law graduate may sign the application or petition as the "preparer."

Friends or relatives at your interview for support

You may bring a relative, neighbor, clergyman, business associate or personal friend to your interview or other appearances in person in a USCIS office.  This person is a "reputable individual" in the regulations at 8 CFR 292.1(a)(3). Reputable individuals may not file Form G-28. Instead, they must submit a statement to the USCIS/DHS official which states:

• You personally requested they attend your interview
• You have not paid them a fee to help you
• The person's relation to you (relative, neighbor, clergyman, business associate or personal friend)  

Please note that the DHS official may decide not permit a reputable individual to appear at your interview.

Avoiding Immigration Law Scams: Proper Form Filing

Form Filing Tips

It's important for you to understand how the USCIS application process works. Knowing the facts will help you avoid scams.

Top 10 Tips Before You File

1. The official website for USCIS is www.uscis.gov.
2. USCIS does not charge you a fee to download forms.
3. Read the form instructions before completing the form. Remember to fill in all required fields and send in any required documentation.
4. You must sign your form before sending it to USCIS. 
5. Before you sign an immigration form make sure that you understand it and that the information on it is true and accurate.
6. Never sign blank forms.
7. USCIS requires you to pay a filing fee for most forms.
8. You can pay filing fees with a money order, certified check or valid credit card.
9. Make sure you get a receipt for any payment you make to an attorney or accredited representative.
10. Keep copies of all forms and other documents that you file with USCIS.

Top 3 Tips After You File

1. USCIS will mail you a receipt after we receive your application. Make sure to keep the receipt for your records.
2. Use the receipt number on your receipt to track the status of your application online.
3. If you have questions about your application, you can make a free Infopass appointment to visit a USCIS office and speak with an immigration officer.

Tips for Working with an Attorney or Accredited Representative

• If you're working with an attorney, check with the state bar association to verify that the attorney is eligible to practice in—and is a member in good standing of the bar of the highest court of—any U.S. state, possession, territory or commonwealth, or the District of Columbia.
• If working with a non-attorney, verify whether the individual is an accredited representative of an organization recognized by the Board of Immigration Appeals (BIA).
• Know the law in your state. Some states have specific laws regulating immigration consultants.
• If you are unsure whether your immigration service provider is giving trustworthy advice, do not hesitate to seek a second opinion. When doing so, always work with a licensed attorney or BIA-accredited representative.

Avoiding Immigration Law Scams: Common Scams

If you need legal advice on immigration matters, make sure that the person you rely on is authorized to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. 

The Internet, newspapers, radio, community bulletin boards and storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

“Notario Publico”

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. "Notarios publico,” are not authorized to provide you with any legal services related to immigration.

Local Businesses

Some businesses in your community “guarantee” they can get you benefits such as a:

• Visa
• Green Card
• Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than USCIS charges. They claim they can do this faster than if you applied directly with USCIS. These claims are false. There are few exceptions to the normal USCIS processing times.  

Dot-com websites

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. USCIS has its own official website with:

• Free downloadable forms
• Form Instructions
• Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet.

Visa Lottery

Once a year, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time, it is common for immigration scammers to advertise in emails or websites that reference either the:

• DV lottery
• Visa lottery
• Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program, for a fee. Some even identify you as a DV lottery “winner.”

These emails and websites are fraudulent. The only way to apply for the DV lottery is through an official government application process. DOS does not send emails to applicants. Visit the Department of State website to verify if you are actually a winner in the DV lottery or for information on how to submit an application for a DV lottery visa.

INS or USCIS?

To this day, some local businesses, websites and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists!

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS.

Avoiding Immigration Law Scams: Introduction

Are you getting the right immigration help?

Many people offer help with immigration services. Unfortunately, not all are authorized to do so. While many of these unauthorized practitioners mean well, all too many of them are out to rip you off. This is against the law and may be considered an immigration service scam.

If you need help filing an application or petition with USCIS, be sure to seek assistance from the right place, and from people that are authorized to help. Going to the wrong place can:

               Delay your application or petition

               Cost you unnecessary fees

               Possibly lead to removal proceedings

This site can help you avoid immigration service scams. Remember: Know the facts when it comes to immigration assistance, because the Wrong Help Can Hurt.

Tools to Help You Avoid Scammers

USCIS wants to combat immigration service scams by equipping applicants, legal service providers and community-based organizations with the knowledge and tools they need to detect and protect themselves from dishonest practices.

To accomplish this goal, USCIS launched the Unauthorized Practice of Immigration Law (UPIL) Initiative. As part of the effort, we've partnered with several government agencies to identify resources that can help you avoid immigration services scams.

ICE Opens New Detention Center in Texas

U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) announced on Tuesday, March 13, the opening of its first-ever designed-and-built civil detention center, as part of the Department of Homeland Security's (DHS) overall detention reform program.

The Karnes County Civil Detention Center is a 608-bed civil immigration detention facility, designed to house adult male, low-risk, minimum security detainees. The detainees who will be housed at Karnes will first be carefully screened to ensure that they do not pose a threat to themselves or others, and are not a flight risk.

"This civil detention center represents a first in the entire history of immigration detention," said ICE Director John Morton. "Karnes and others like it are one part of an ICE detention reform program that is sensible, sustainable and attentive to the unique needs of the individuals in our custody."

The civil detention facility model allows for greater unescorted movement, enhanced recreational opportunities and contact visitation, while maintaining a safe and secure atmosphere for detainees and staff.

In December 2010, ICE entered into an intergovernmental service agreement with Karnes County. The GEO Group Inc. was responsible for developing the center, in addition to operating the center as it opens its doors. This contract represents a significant milestone in the agency's long-term effort to reform the immigration detention system, prioritizing the health and safety of detainees in our custody while increasing federal oversight and improving the conditions of confinement within the system.

ICE's detention reform efforts call for putting detention centers in strategic locations that maximize detainee access to local consulates and pro-bono legal services, reduce detainee transfers within the detention system and increase overall operational efficiencies, allowing for a reduction in detainees' average length of stay in ICE custody.

Mexican National Sentenced for Illegal Entry and Felony Charges

A citizen of Mexico who had illegally reentered the United States on multiple prior occasions was sentenced Friday, March 9, in federal court in Lynchburg on charges related to another illegal reentry.

The case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Bernardo Israel Enciso-Mejia, 30, a native and citizen of Mexico living in Buena Vista, Va., was sentenced to 77 months in federal prison. He pleaded guilty in December 2011 to one count of illegal reentry into the United States by a previously deported alien. His most recent return followed a conviction for an aggravated felony.

Following his prison term, Enciso-Mejia will be removed to Mexico by ERO.

"This sentence should serve as a reminder that there are significant consequences for violating immigration law, especially for those with extensive criminal histories," said ERO Washington Field Office Director Enrique M. Lucero.

According to his guilty plea, Enciso-Mejia has previously been removed from the United States by ERO on four separate occasions, including once following an aggravated felony charge of aiding and abetting the possession of a firearm by an alien illegally in the United States.

He was most recently arrested in Buena Vista, Va. Aug. 16, 2011. At the time of his arrest, officers with ERO determined that Enciso-Mejia did not have the consent of the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter or to reapply for admission into the United States. ERO found no record of the defendant ever applying for permission to reenter the United States or other forms of relief since the time of his first removal in 2003.

"The Justice Department is committed to the strong, effective and humane enforcement of our immigration laws," said U.S. Attorney Timothy J. Heaphy, for the Western District of Virginia. "Mr. Enciso-Mejia has illegally reentered the United States on multiple occasions and for that he must be punished."

Special Assistant U.S. Attorney Elizabeth Wright prosecuted the case for the United States.

Tips for Law Enforcement to Identify and Interact with Victims of Human Trafficking

Victims of human trafficking are vulnerable human beings who have been subjected to severe physical and emotional coercion. Most have been “taught” to distrust law enforcement, so victims of human trafficking need to be reassured that once they come in contact with law enforcement officers, they will be protected and safe.

Following are some things law enforcement officers should consider when dealing with victims of trafficking. Being aware of these items will help promote a cooperative relationship, helping law enforcement to gain the assistance of victims in the investigation and prosecution of traffickers.

• Human trafficking is a devastating human rights violation that takes place not only internationally, but also here in the United States. As a law enforcement officer, you play an important role in identifying and helping trafficking victims. While trafficking is largely a hidden social problem, trafficking victims are in plain sight if you know what to look for.

 

• Trafficking is not just forced prostitution. Victims of human trafficking may also be in forced labor situations as domestic servants (nannies or maids); sweatshop workers; janitors; restaurant workers; migrant farm workers; fishery workers; hotel or tourist industry workers; and as beggars.

• A person who is trafficked may look like many of the people you see daily, but asking the right questions and looking for small clues will help you identify those people who have been forced or coerced into a life of sexual exploitation or forced labor. Look for the following clues:
• Evidence of being controlled
• Evidence of an inability to move or leave job
• Bruises or other signs of battering
• Fear or depression
• Non-English speaking
• Recently brought to this country from Eastern Europe, Asia, Latin America, Canada, Africa or India
• Lack of passport, immigration or identification documentation

• There are four areas of general victim needs:
• Immediate assistance (housing, food, medical, safety and security)
• Mental health assistance (counseling)
• Income assistance (cash)
• Legal status (certification, immigration)

• Take into consideration a victim’s cultural and social background as these traits will impact the way victims should be managed as witnesses, as well as the way the investigation of their cases are carried out. If possible, you should work with a culturally and linguistically competent interpreter when a victim demonstrates any of the above-mentioned characteristics. Ideally, this person could serve as a language interpreter and be able to interpret the cultural values and unique behaviors that are characteristic of the victim’s national and ethnic background.

 

• Effective communication is essential in gaining trust of victims as well as defining their immediate needs. Effective witness management extends into the courtroom when the time comes to present testimony and evidence to a jury.

• Screen interpreters to ensure they do not know the victim or the traffickers and do not otherwise have a conflict of interest.

• A successful investigation and prosecution of a human trafficking case is victim-centered. This requires lending support to traumatized and confused victims before you can gain their confidence.

• Once victims of human trafficking are rescued from the traffickers, they generally will be incapable of finding outside support due to the isolation they have suffered while in captivity. This especially impacts you as law enforcement officers because it can place you in the initial position of having to arrange for such support.

Victims of human trafficking in the U.S. who are non-citizens may be eligible to receive special visas and to receive benefits and services through the Trafficking Victims Protection Act (TVPA) to the same extent as refugees. Victims who are U.S. citizens are already eligible to receive many of these benefits.