Strange Immigration Scam III

Let's look at another way in which this scam should seem mysterious: the scammer stating that the money must be paid now, NOW, NOW!!!

     Whenever a person is told that they have to pay within a VERY limited amount of time to avoid a terrible Federal consequence, alarm bells should be raised.  Now - it is entire possible to run against a time limitation when dealing with the Federal government.  For example, you may have a certain deadline to pay taxes, file immigration paperwork or pay a fine.  However, the idea that a representative from the Federal government would call a person out of the blue and tell them they have only hours to pay a fee to avoid a terrible Immigration consequence is not realistic.

     Scams such as this one rely on the element of surprise - that the person will be so shocked and terrified that they will do anything to comply. 

 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Born in the USA (Sort of) IX

Well, let's conclude this series of posts by finding out how do you spot a "notario" or someone who is not an attorney who is practicing law without a license.

      The first thing anyone should look for when sitting in the office of someone who claims to be an attorney or is practicing Immigration law is their law license.  Law licenses are given by the state (or states) in which a person practices.  The law license should be prominently displayed on the wall (NOTE: this is not just for "vanity" sake- it lets the consumer know that they are in the office of a licensed attorney).

    The second clue should be on the person's business cards: the card shoudl clearly state that the person is an "attorney at law."  Words such as "Immigration practitioner" or "consultant" or even "notary public" should be a dead giveaway that something is wrong.

    Third, if an individual has any doubts, they should ask the person for their bar number.  A bar number is issued by the state in which a person practices after the person has passed the bar exam to become an attorney.  It is a number that is unique to each attorney and is not duplicated.  If a person hesitates in giving a bar number, this is also a giveaway that something is wrong.  Further, a person should be able to check with the State bar to see if the person is eligible to practice law.  Texas, for example, provides a very well run website with information available to any interested party which provides information on all licensed Texas attorneys, including disciplinary information.

     Fourth, the person should always be wary if the "practitioner" wants to do business in cash.  Any reputable attorney will accept checks and most accept credit cards.  Further, any reputable attorney will place in writing (a contract) just what legal services are being provided and how much these services will cost.

    Incidentally, it is worth noting that there are Immigration practitioners that do practice Immigration law who are not attorneys.  However, these are special exceptions and these people have been well trained and are qualified to practice Immigration law by writ of the Immigration service.  Also, the vast majority of these practitioners work for charitable or humane organizations (e.g. Catholic Charities).

    Remember once again - the unauthorized practice of law is a crime.  Giving your confidential and personal Immigration information to someone who is not qualified to practice law can lead not only to losing money, but to an Immigration disaster.  Always work with a qualified Immigration lawyer.

www.tauskvega.com

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

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

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