Wednesday, June 22, 2011

Born in the USA (Sort of) VII

OK - let's move onto the last part of this series of posts - Immigration Fraud involving the unauthorized practice of law.

     As stated in an earlier post, the practice of Immigration law is a complex process.  It is not simply "filling out forms."  Immigration law involves a knowledge of the Immigration and Nationality Act of 1952, as amended and other United States laws.  Immigration law is Federal law (only the Federal government has the authority to enact and enforce Immigration laws), but it affects State law as well and vice-versa.  This area of law is complex and, once again, Byzantine.  The State of Texas, as well as other states, recognize Immigration law as a specialty and it is possible to become Board Certified in Immigration and Nationality Law.

    As a matter of fact, the "outline" of Immigration law, published by Ira Kurzban, is about 1200 pages in length. Keep in mind, this is just the outline.

    It is made even further complex by the myriads of court decisions.  Immigration law is decided in Federal courts, appealed to Federal units such as the Board of Immigration Appeals and the Appeals Administration Office, and appealed and counter-appealed at the various Federal courts of appeals and even the Supreme Court of the United States.

   In summary, this is a complex area of the law.

   As an attorney, therefore, it is frustrating to see people who are not authorized to practice law hold themselves out as "Immigration Consultants" or "Immigration Helpers" or the all-purpose catch phrase - "notarios."  These are people who do not have a law license but practice Immigration law.

    The practice of Immigration law, incidentally, as defined by the United States Citizenship and Immigration Service includes filling out Immigration forms for other people who are not your immediate family (ex - your spouse and your children under the age of 18 are generally considered your immediate family).

   People who do not have a law license but fill out Immigration forms for other people, therefore, are practicing law without a license.  And, this leads to trouble and sometimes disaster for many innocent people.

    Here is a quick outline on the subject: https://www.oag.state.tx.us/oagNews/release.php?id=128

  www.tauskvega.com

As always, have a great and fraud-free day.

------------->>>>>>>>>>>>>>>>>>>>>>>gene tausk

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