Securing a work visa, changing your immigration status, and dealing with other immigration issues can be quite challenging. Unfortunately, there are companies out there that try to profit from immigration fraud, specifically targeting individuals who require immigration legal assistance.
While the majority of immigration lawyers have good intentions, some prey on vulnerable clients. These dishonest services have the potential to stall applications or charge petitioners unnecessary costs, which can occasionally lead to deportation, removal proceedings, or other unfavorable immigration consequences. This article provides all the information you need to know about immigration fraud.
Understanding Immigration Fraud
In most instances, individuals may find themselves falling victim to immigration fraud or facing deportation, even when they have done nothing wrong. The legal systems of various countries differ significantly from those of the United States. This poses a challenge for recent immigrants who seek assistance from notaries to handle their immigration documents, particularly within immigrant communities.
Notaries, or "notarios," often handle routine legal filings in several Latin American countries. It is common for friends or relatives to recommend specific individuals or organizations that offer immigration services. Recent immigrants may be more inclined to use their services due to shared nationality, language, and proximity. However, it is important to note that some of these service providers make empty promises and take advantage of individuals by charging exorbitant fees without providing substantial help or relief.
In the United States, only trained, certified, and licensed lawyers are typically allowed to practice law. This requirement ensures that lawyers are held to a high standard and are accountable for any issues that may arise, ultimately protecting the best interests of their clients. In the US, notaries are not allowed to practice law and have limited responsibilities.
Many individuals in the immigrant community, known as "notarios," falsely claim to have the ability to represent people in immigration proceedings. As a result, unsuspecting individuals become victims of fraud and find themselves facing deportation proceedings.
Immigrants may face charges of immigration fraud if an unlicensed attorney, or notario, files immigration documents on their behalf and produces fake documentation or misrepresents facts. In cases where individuals are unaware that they were deceived or are unable to locate the person who falsely represented them, they could be at risk of deportation proceedings for immigration fraud, even if they had no direct involvement in the scam.
If you or a loved one has been accused of immigration fraud or is at risk of deportation due to suspected fraud, it is important not to engage the services of someone who has misrepresented themselves. This is especially crucial if the person is aware that they will be facing criminal charges. Instead, it is advisable to seek the assistance of experienced federal immigration fraud lawyers who understand the potential consequences and possess the expertise to protect your rights in court.
Types of Immigration Fraud
Selling immigration forms that the US government offers for free is an example of immigration fraud. Another example is the provision of legal services by individuals who are not authorized to practice law. These fraudsters may promise incredibly fast immigration services. Below, we will discuss some other common forms of immigration fraud.
Marriage Fraud
Marriage fraud is another frequently reported source of immigration fraud. It involves arranging a fake marriage to grant a non-citizen lawful permanent residency (LPR) status. The United States Citizenship and Immigration Services (USCIS) may deny a fiance visa or petition for an alien relative if certain red flags are identified. The USCIS takes marriage fraud very seriously, and government representatives have the right to prosecute anyone connected with such crimes if they suspect fraud has occurred.
A non-bona fide marriage can be arranged for various reasons, including bribing someone to approve the union, seeking favors, or deceiving a United States citizen into believing the marriage is lawful. In cases where immigration officials suspect the marriage is not genuine, they may require extensive documentation, conduct interviews, or even initiate investigations. In such situations, it is advisable to seek legal advice before agreeing to any interviews or providing any statements to federal officials.
Companies Offering Premium Services
Certain enterprises may offer superior services, even going as far as providing "guarantees" for visas, green cards, employment authorization documents, or other immigration benefits. However, it’s important to note that their fees are typically higher than those charged by the United States Citizenship and Immigration Services (USCIS). In some cases, these enterprises may involve unauthorized immigration consultants who are not authorized to provide these services.
On occasion, they assert that they can submit and handle your application more quickly than if you were to go through the government office directly. However, these statements are frequently untrue and may even constitute benefit fraud.
While there may be occasional deviations from the typical USCIS application processing timelines, it's important to note that immigration service companies have no control over these schedules. For accurate and reliable legal guidance regarding these concerns, it is strongly recommended to consult with a professional immigration attorney. They are the most suitable individuals to provide you with the necessary expertise and assistance.
Non-Governmental Websites
Some websites offer detailed, step-by-step instructions on completing applications, including immigration forms that can be downloaded. However, some of these websites may charge a fee. It's important to be cautious, as scammers often falsely claim affiliation with the USCIS. This misinformation can easily mislead applicants and may even have unintended consequences for immigration processes in certain cases.
Make sure to visit the USCIS website, even if the directions for the immigration procedure seem correct. USCIS is a reliable source of information. The website offers free immigration forms for download, along with comprehensive guidelines on filing costs and processing times.
Visa Lottery Claims
To increase the number of applicants from nations with low immigration rates, the U. S. Department of State (DOS) is offering 50, 000 "diversity visas" (DVs). However, it is important to note that these visas are distributed randomly among those who meet the eligibility criteria. As a result, any claims or statements that guarantee selection or improve the chances of receiving a DV are dishonest.
Fraudulent offers typically come in the form of unsolicited emails or online advertisements. They often mention terms like "DV lottery," "visa lottery," or "green card lottery." It's important to note that the Department of State (DOS) does not communicate with applicants via email. The only legitimate way to apply for the DV lottery is by submitting an official application.
Social Security and Identity Theft Fraud
Immigration benefits fraud refers to the abuse or misuse of the immigration system to obtain immigration benefits through dishonest means. This can include fabricating information, concealing facts, or using counterfeit documents or false information to gain immigration advantages.
Immigration benefits fraud encompasses various deceptive practices, such as falsely claiming refugee status, applying for asylum with ulterior motives, or seeking immigration benefits through dishonest means. Another form of fraudulent immigration benefit involves fabricating allegations of being victims of crime or domestic abuse to qualify for a US visa, which is specifically designed for crime victims who aid law enforcement.
In employment-based immigration proceedings, some companies may engage in unethical practices such as fabricating job proposals or misrepresenting the nature of employment to obtain work visas for their employees. This can lead to immigration benefits fraud, which has the potential to harm both the victims and the integrity of the US immigration system. Such fraudulent activities could prevent deserving individuals from receiving immigration benefits while wasting resources on fictitious applications.
Services Provided by 'Notario Publicos'
In the United States, a "notary public" is an individual who is authorized to authenticate signatures on legal documents, among other responsibilities. However, being a notary public does not necessarily mean they are a qualified legal practitioner. In many other Latin American countries, the equivalent term for "notary public" is "notario público" in Spanish.
A notario publico is a lawyer who is authorized to:
- Give judicial rulings.
- Practice law.
- Arbitrate or mediate conflicts.
- Verify the integrity and correctness of specific legal documents.
When a "notario publico" in the United States makes a promise to offer immigration-related services that are not permitted, it can be considered a form of deception and an illegal practice of law. There may be some confusion regarding the phrase "not involving outright fraud."
Penalties for Immigration Fraud
Entering into a false marriage to evade immigration law is considered a crime, as stated in 8 U. S. C. 1325(c). Possible punishments for this offense include deportation from the nation, a fine of up to $250, 000, and a maximum prison sentence of five years.
Under 18 U.S.C. 1546, it is illegal to falsify or misuse visas, permits, or any other documents required under immigration rules or regulations. This includes actions such as falsifying, altering, counterfeiting, or forging any such documentation.
The penalty for this type of immigration fraud may vary depending on the specifics of each case. If a person is found guilty of using deception to support international terrorism, they could face a maximum sentence of 25 years in jail. For offenses related to drug trafficking, the maximum sentence is 20 years in jail. In other situations, a criminal conviction can carry a maximum prison sentence of 15 years.
Repercussions of Immigration Fraud
Depending on the nature and type of the act, immigration fraud can have a variety of consequences. Some of these consequences include:
Deportation
Individuals who engage in immigration fraud may face deportation or removal from the country, which can have devastating effects. Families may be torn apart, resulting in the loss of homes, jobs, and belongings.
Criminal Charges
Engaging in immigration fraud can lead to serious consequences, including criminal charges for identity theft, visa fraud, and making false statements to a federal agent. If convicted, individuals may face a criminal record, substantial fines, and even imprisonment. It is important to be aware of the legal ramifications and to always comply with immigration laws to avoid such penalties.
Not Qualified for Immigrant Benefits
Committing immigration fraud can have serious consequences, making it difficult or even impossible for individuals to live and work lawfully in the United States in the future. Those who engage in such fraudulent activities may become ineligible for future immigration benefits, including green cards, visas, or citizenship.
Refusal of Reentry or Admission to the Country
Even individuals with a valid visa or green card may be denied entry or reentry into the country if they engage in immigration fraud. This can pose a significant challenge for those in the United States who have familial, professional, or other obligations to fulfill.
Financial Consequences
Possible outcomes of immigration fraud include significant fines, reimbursement of government benefits, and court costs.
Investigations Into Immigration Fraud
Cases involving immigration fraud may include USCIS or ICE. Federal authorities may be notified when local law enforcement, investigating benefit fraud or local criminal activity, discovers a connection to more widespread immigration fraud.
Individuals involved in document fraud or immigration services often provide similar services to numerous clients. If such individuals become entangled in a federal investigation, they may try to shift blame onto anyone who provided fake documents or utilized their services. This could lead to innocent individuals being accused of immigration fraud and potentially endangering the legal status of their families.
Before deciding whether to call the police upon learning about an investigation into immigration fraud, it is advisable to consider consulting with an immigration fraud defense lawyer. In certain situations, law enforcement may try to use your information to implicate you. Having a legal representative by your side can help ensure that your rights are protected.
Defenses Against Immigration Fraud Allegations
There are multiple strategies available to refute accusations of immigration fraud. However, it is important to note that each case is unique, and the specific defenses you can employ will depend on the facts surrounding your particular situation. One potential defense is claiming a lack of knowledge regarding the authenticity of any documents used or created.
In certain situations, individuals may rely on others who present themselves as trustworthy when providing legal services. It is only later that the realization dawns that they are deceiving the government or their clients.
How to Avoid Immigration Fraud
Applying for a visa or changing one's immigration status can be an intimidating process, especially for those who are unfamiliar with the legislation and procedures involved. To help you navigate this journey and protect yourself from prevalent immigration scams, you can consider the following advice:
- Immigration forms are available on the USCIS forms page, and there is never a fee associated with downloading them.
- Fill out all needed fields on the form after carefully reading the instructions.
- Before sending your form to the USCIS, make sure to thoroughly understand it and sign it.
- Signing blank forms is not advised.
- Credit cards, certified checks, and money orders are accepted for filing fees.
- All original paperwork, including papers submitted to the USCIS, should be kept on file.
- Obtain a receipt for any money paid to a certified representative or immigration counsel.
To confirm that your immigration attorney is a member, check the directory of the American Immigration Lawyers Association. It's important to note that since immigration law is federal, it is not always necessary for the immigration lawyer you are working with to be licensed in your state. If you are not sure about the expertise of the professional handling your case, it is advisable to consider seeking a second opinion.
Seek Legal Assistance
Immigration fraud can have a significant impact on an individual's eligibility for a visa or naturalization. It can also jeopardize your status as a citizen of the United States or as a lawful permanent resident. If you become a victim of immigration fraud or fear that you may be, it is crucial to speak with a knowledgeable immigration attorney promptly.
It is crucial to ensure that the person you are speaking with is a reputable professional. This applies regardless of whether you are talking to a lawyer or not. There are several ways to verify the expertise and legitimacy of an individual. One effective method is to visit the websites of reputable organizations such as the American Immigration Lawyers Association (AILA) and the state bar organization.
A skilled federal criminal defense attorney should have successfully defended immigration fraud accusations in the past. They have the expertise to analyze the relevant factual and legal questions and determine the necessary elements for the government to pursue its case. Having the right attorneys by your side, who possess expertise in successfully defending clients accused of immigration fraud is critical. The consequences of immigration fraud can be severe, including removal, deportation, loss of legal status, and a minimum of 25 years in jail.
Contact an Los Angeles Immigration Lawyer Near Me
If you’re involved in an immigration case or concerned about the legal consequences of an immigration matter, you should take immediate action and seek guidance from an experienced immigration attorney. An expert immigration lawyer can offer valuable legal advice, explain your options, and guide you through the intricate and constantly evolving field of immigration law.
Immigration blunders can have serious repercussions. However, by collaborating with an experienced immigration lawyer, you can ensure that your rights are upheld and that your case has the best chance of success. For assistance with any immigration-related matters, you can contact the California Immigration Attorney at 424-789-8809.