As the passage of historic immigration reform nears, “wolves in sheep’s clothing” known as “notarios” and other non-lawyers (claiming to be able to help undocumented immigrants obtain permanent residence) will surface like an infestation of rats or termites. Don’t be fooled. Unless licensed to practice law, these people are incapable of rendering legal representation. They do not have legal training. This article is not meant as a criticism of any legitimate enterprises that engage in non-legal help, such as translation of documents. This article is meant to highlight those entities which have crossed the line from rendering legitimate assistance to practicing law without a license, which is a criminal offense. And the only ones who get hurt in the end (in some instances, to the point of ending up with deportation orders) are unsuspecting consumers.
You've all seen or heard the news: Immigration Reform is imminent. It is unknown exactly when legislation will be ready for the President's signature, with the current Reform bill expected to experience delays in the Republican-controlled House. But some measure of reform appears to be imminent or to come to fruition in the near future.
Even before a bill has passed, however, many confidence men and non-attorneys who pass themselves off as quasi-legal representatives, are advertising their "services" to the immigrant community. Many consumers, who are either not savvy or simply choose to ignore warnings, are at risk of being victims of "notario fraud." Notarios will often charge even more than an attorney, which completely defeats the purpose of hiring a notario (being that the primary reason for avoiding a lawyer are the supposed higher rates). Yet, notario victims will oftentimes have to cough up additional money to hire a real lawyer to clean up the mess left behind by a non-attorney who did not have the skill or legal credential to represent the consumer. However, if important deadlines have been ignored, requests for evidence have gone unanswered or some other harmful neglect has occurred due to the legal ignorance of “notarios,” even an experienced lawyer may be unable to undo the harm.
What kind of harm can a Notario do?
After taking fees from unsuspecting clients, notarios will often fill out and file official government documents (a potential violation of the law given that filling out and submitting such documents could constitute unlawful practice of law) with the US Citizenship and Immigration Services (USCIS). Notarios will file the documents, oftentimes making glaring errors, forgetting to attach important documents or otherwise committing some egregious error, only to receive a request for evidence issued against the client. More likely than not, the notario will fail to provide an answer to such request. (And, legally, his hands are tied from doing so, anyway).
Many times, the petitions and applications such "consultants" file are on behalf of undocumented immigrants with no hope of immigration relief. Before an experienced immigration lawyer takes on representing a client, he diligently inquires as to the client's background, how he entered the country, how long he or she has been in the country, his or her current status, and other questions aimed at ascertaining whether they even qualify for a particular form of relief. Notarios have no such training, take no such precautions and engage in no such inquiry or research. When the USCIS gets the documents and their officials realize the absence of legal grounds for immigration relief, they will either send out a request for evidence (to verify certain documentation, for example, proof of lawful entry into the United States) or simply out a denial. If the request for evidence goes unanswered or improperly answered, the petition or application can be denied. The denial may ultimately trigger a referral to the immigration court, where the applicant is placed in removal proceedings. Since the notario cannot represent the client in immigration court, oftentimes, neither the client nor any lawful representative will show up at the hearing. The immigration judge will then deport the misfortunate applicant “in absentia” (without his or her presence), which could, potentially, result in a "lifetime ban" from re-entering the United States.
By the time the client realizes this and goes to an immigration lawyer, often it is too late. Perhaps a motion for reconsideration or motion to reopen can be filed, but the judge has the discretion to approve or deny it. To boot, there must exist legal grounds for the motion to be filed. Even then, the arguments must be persuasive enough to convince the judge to grant the motion. Moreover, appeals to higher courts (such as the Board of Immigration Appeals or the Ninth Circuit Court of Appeals) can be extremely, even prohibitively, expensive and fruitless.
Much of this can be prevented with simple caution and simply refusing to patronize the services of a person putting himself or herself out as an “immigration helper” or “immigration consultant" who has no license to practice law.
“What should I watch out for?”
In view of the coming Immigration Reform, likely to pass this year or the next, you can expect tens of thousands of non-licensed individuals and entities to advertise as “immigration consultants”, “paralegals” or “immigration helpers.” Watch out for these buzzwords. In reality, these are often just euphemisms for “no license to practice law.”
This is not to say that there are no such thing as legitimate immigration consultants, that is, persons who are tasked with translating documents or providing other low-level, non-legal assistance. However, that is the extent to which such consultants can “help” petitioners and applicants. Non-lawyers cannot represent persons before the Immigration Court (except in extremely limited circumstances, that is, a “reputable individuals” who cannot charge any fee whatsoever). Non-attorneys cannot represent persons before the federal authorities, such as the USCIS. Answering questions on forms and instructing clients on their responses constitute legal advice, which only attorneys can issue or persons working under the close supervision of an attorney.
Other red flags include advertisements which make outlandish promises or guarantees of a desired outcome. Many notarios are now asking consumers to pay in advance of the passage of Immigration Reform Bill! Notarios will often ask them to pay to be placed on a waiting list so they can get to the front of the line. Obviously, this is a complete fraud and meant to bamboozle unsuspecting consumers.
You should always ask the person whether or she has a license to practice law. A lawyer will be more than happy to show you his or her credentials, i.e., license to practice law, “bar card,” diploma or other indicia of his or her ability to exercise the profession. A notario will be evasive and circuitous. Sometimes, however, notarios may lie and create the illusion or front of a law office. Again, it is important to ask for qualifications and credentials.
You can report a notario to the authorities. The American Immigration Lawyers Association (AILA) has even created a website to address this problem: StopNotarioFraud.org.
Don’t (or don't let your loved one) be a notario victim for the sake of “saving a few bucks.” It’s not worth the terrible consequences that can ensue. It is not uncommon for notarios to charge even more than an attorney. Ultimately, you will probably have to hire a real lawyer to clean up the mess, which means you will be paying twice: the notario and the lawyer. If finances are a concern, many attorneys will take payment plans and/or charge very affordable rates. Don’t sacrifice your future. Hire a real attorney. And a skilled and experienced one at that.
What about a lawyer with little or no immigration experience?
Frankly, if he or she does not have ample immigration experience, a lawyer who has not previously effectively handled immigration cases is not worth hiring. Immigration law is extremely complicated and intricate. It requires the meticulous representation of an experienced and savvy immigration lawyer. While even inexperienced lawyers can, technically represent, your immigration interests, they may end up doing just as much harm as a "notario" through sheer incompetence.
Disclaimer: Nothing in this article or anywhere on this blog constitutes or should be interepreted as legal advice or counsel. This article does not, in any way, shape or form, intend to besmirch any legitimate enterprise that helps with translation or other ancillary services; only to expose those people and entities who practice law without a license and, in the process, defraud and harm the consuming public.
The Coimbra Law Firm has a distinct combination of lengthy experience, knowledge, skill and legal writing ability that gives it a tremendous edge over other immigration lawyers or law firms. Lorgio Coimbra was been involved in the immigration field for over a decade, first as a law clerk, then as an associate attorney, and now as the chairman of the Coimbra Law Firm. He is aggressive, efficient and meticulous in representing his clients. As a fluent Spanish speaker whose parents were immigrants to this country, he is particularly empathetic and compassionate towards his clients and their plight. The Coimbra Law Firm charges extremely reasonable rates. And the first consultation with the attorney is free. Please contact us today at Esquire@CoimbraLaw.com and/or 1-855-PA-GANAR (or 1-855-724-2627).
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