Category:

Avoid Immigration Scams: Uniting for Ukraine, and other Humanitarian Processes

1/25/2023

Avoid Scams – Uniting for Ukraine and Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

Uniting for Ukraine and the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, provide pathways for nationals of these countries and their immediate family members to come to the United States and stay temporarily in a 2-year period of parole.

USCIS is asking potential supporters and beneficiaries of these parole processes to be cautious of scams and rumors. There has been an increase in scams and predatory behavior targeting individuals from these countries who may be considered for parole under these processes. Scammers and other bad actors exploit their victims by creating uncertainty and misinformation. Find more information on scams and legal services on the USCIS Avoid Scams webpage.

Some common scams and misleading offers to be aware of include:

Government impersonators: Look out for scammers posing as USCIS officials. USCIS will only contact you through official government channels and will not contact you through your personal social media accounts (such as Facebook, Twitter, LinkedIn, etc.).
Misleading offers of support: Look out for individuals who attempt to contact you online or through your social media accounts to offer to be your supporter or connect you to a supporter in exchange for a fee or your biographic information, such as your passport number or date of birth. Supporters should be able to provide financial support to beneficiaries for up to a 2-year period of parole. Beneficiaries are not obligated to repay, reimburse, work for, serve, marry, or otherwise compensate their supporter in exchange for the potential supporter submitting Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, on their behalf or for providing financial support while they are in the United States. Find more information on potential exploitation and abuse in the Understand Your Rights guide.
Scam websites: Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application, petition, or request. Make sure your information is from uscis.gov, dhs.gov, or is affiliated with uscis.gov. Make sure the website address ends with .gov.
Payments by phone or email: USCIS will never ask you to transfer money to an individual. We do not accept Western Union, MoneyGram, PayPal, or gift cards as payment for immigration fees. In addition, we will never ask you to pay fees to a person on the phone or by email.
Notarios Públicos and unauthorized practitioners of immigration law: In the United States, a notario público is not authorized to provide you with any legal services related to immigration benefits.

Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice.

To schedule an appointment with an attorney, please email us.

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How to Report Immigration Scams

7/28/2022

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Often we talk to someone who was a victim of immigration scam. For example, a notary (notario) helped to complete immigration paperwork and apply for immigration benefits that the person was not eligible for, of submitted a frivolous application for political asylum, which contained false information and was later denied. Or assisted in commuting "marriage fraud" to numerous other clients, and an innocent couple who was assisted by the same "notario" got their case denied and placed under investigation.

Please remember that in the United States only a licensed attorney (a lawyer) is authorized and qualified to give you legal advice, help with your immigration applications, forms, etc.

A Notary Public is not an attorney. To become a notary, a person has to pass a simple test, but doesn't have to be a lawyer, doesn't even need a college degree! (It is very different in Russia, Belarus, Kazakhstan, Ukraine, Europe or Latin America, which is why it is confusing to immigrants from those countries).

For convenience of their clients, many lawyers also hold a license of a Notary Public in their state. However, these lawyers are licensed attorneys.

Please do not be fooled by people who offer to help with your immigration paperwork for "reduced fee". Or offer your "free legal advice". As they say, free is only the cheese in the mousetrap.

How to report scam to USCIS: https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/report-immigration-scams

Reporting immigration scams will not affect your immigration application or petition.
Please help stop the unauthorized practice of immigration law by standing up to scammers and reporting them. Also, many states allow you to report scams anonymously.

How to Report Immigration Scams

Report the scam to your state consumer protection office. See the table below for state-specific information.
If you lost money or other possessions in a scam, report it to your local police, too. To learn more about where to report fraud and scams, visit USA.gov’s Common Scams and Frauds webpage.
You can always report scams to the Federal Trade Commission. In the table below, we've included information on where to report scams in your state and links to the laws that protect you as a consumer.
Scam Websites and Social Media AccountsSome websites and social media accounts claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. To report a website or social media account that claims to be affiliated with USCIS, send an email to uscis.webmaster@uscis.dhs.gov.

Briefly in Russian:

Нередко нам приходится помогать людям, которым до нас "помог" нотариус или "иммиграционный консультант", и в результате испортил их шансы на получени грин карты и гражданства.

В США нотариусы не имеют право оказывать юридические услуги, в том числе иммиграционные услуги, такие как подача заявления на полит убежище и разрешение на работу. Для оказания таких услуг нужна лицензия адвоката (а не нотариуса).

В США нет иммиграционных консультантов (как в Канаде, например), которые в тоже время не являются юристами. В США только юрист может быть адвокатом и оказывать юридические услуги, в том числе иммиграционные услуги.

Если вам так "помогли", вы можете пожаловаться властям штата или федеральтным органам власти. Это не будет использовано против вас, но сможет остановить такого "помощника".

Информация от USCIS по линку.

Информация по отдельным штата тут по линку - State consumer protection.

Будьте осторожны и всего доброго!

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Beware of Common Immigration Scams

12/7/2017

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Form I-9 Scams.

USCIS had recently warned about a new scam, targeting employers. Employers received scam emails requesting Form I-9 information that appear to come from USCIS.

Please note that employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll who is required to complete Form I-9. All of these forms must be retained for a certain period of time. Visit I-9 Central to learn more about retention, storage and inspections for Form I-9.

These scam emails come from a fraudulent email address: news@uscis.gov. This is not a USCIS email address. The body of the email may contain USCIS and Office of the Inspector General labels, your address and a fraudulent download button that links to a non-government web address (uscis-online.org). Do not respond to these emails or click the links in them.

If you believe that you received a scam email requesting Form I-9 information from USCIS, report it to the Federal Trade Commission.

If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Payments by Phone or Email

USCIS will never ask you to transfer money to an individual. They do not accept Western Union or PayPal as payment for immigration fees. In addition, USCIS will never ask you to pay fees to a person on the phone or by email. You can pay some immigration fees online only if you use myUSCIS.
Remember:

When you send your application by mail, pay your immigration fees with a check or money order. Write “Department of Homeland Security” on the “Pay to the Order of” line.
Applying for U.S. citizenship? You can now pay fees for Form N-400, Application for Naturalization, with a credit card. To pay Form N-400 fees with a credit card, you will need G-1450, Authorization for Credit Card Transaction
You can also pay with a credit card in any domestic field office that accepts payments. You can learn more on our Paying Immigration Fees Web page

Winning the Green Card Lottery

The U.S. Department of State (State Department) manages the Diversity Visa Program, also known as the Lottery Visa or Green Card Visa. The State Department will never email you about being selected in the Diversity Immigrant Visa Program.
Go to the State Department’s website to read more about how they notify selectees.

Scam Websites

Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.

Please remember that USCIS will never ask you to pay to download USCIS forms. USCIS forms are always free on uscis.gov website.

Scams Targeting Foreign Students.

If you are an international student outside of the U.S. and want to come to the U.S. for education, make sure you are applying to an accredited college or university. Look for your school on the Council for Higher Education web page.

You must have a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to travel. After you are accepted into a Student and Exchange Visitor Program (SEVP)-certified school, a designated school official will either give you:

Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status –For Academic and Language Students, or
Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status –For Vocational Students

Schools that are not accredited cannot sponsor you for an F-1 student visa.
Additional information on the Form I-20 is available on DHS’ website studyinthestates.dhs.gov or on our website on the Students and Employment page.

“Notarios Públicos” Scam

In many Latin American countries, the term “notario publico” (which is Spanish for “notary public”) means something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special "extra" 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. A notario publico is not an attorney, and is not authorized to provide you with any legal services related to immigration. Some attorneys might be notaries, but not all notaries are attorneys. Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice.

Read more here.

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Unauthorized Practice of Immigration Law (UPIL) in Nebraska & State-by-State Overview

3/7/2017

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What Is UPL or UPIL:

The “Unauthorized Practice of Immigration Law (UPIL): A State-by-State Overview of Legal Mechanisms to Combat these Deceptive Practices” resource is intended for immigration attorneys, recognized and accredited representative, and community-based organizations assisting noncitizen clients who have been victims of unauthorized practice of immigration law.

Unauthorized practitioners of immigration law are often referred to as “notarios,” which is notary public in Spanish, or immigration “consultants.” These individuals can delay immigration matters, at best, and pose a threat to the ability of a noncitizen to successfully qualify for immigration benefits, at worst. Victims of unauthorized practice of immigration law also face indescribable loss, including dashed hopes for legal status in the United States, depletion of limited financial resources, and possibly deportation from the United States.

NEBRASKA

UPL Statute SummaryNebraska Revised Statutes, 64-105.03, Notary public, unauthorized practice of law; prohibited

A notary public who is not an attorney shall not engage in the unauthorized practice of law as provided in this section.
If notarial certificate wording is not provided or indicated for a document, a notary public who is not an attorney shall not determine the type of notarial act or certificate to be used.
A notary public who is not an attorney shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.
A notary public who is not an attorney shall not claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters.
A notary public who is not an attorney and who advertises notarial services in a language other than English shall include in any advertisement, notice, letterhead, or sign a statement prominently displayed in the same language as follows: "I am not an attorney and have no authority to give advice on immigration or other legal matters".
A notary public who is not an attorney may not use the term notario publico or any equivalent non-English term in any business card, advertisement, notice, or sign.
This section does not preclude a notary public who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.
A violation of any of the provisions of this section shall be considered the unauthorized practice of law and subject to the penalties provided in section 7-101.

Nebraska Revised Statutes, 7-101. Unauthorized practice of law; penalty.

Except as provided in section 7-101.01, no person shall practice as an attorney or counselor at law, or commence, conduct or defend any action or proceeding to which he is not a party, either by using or subscribing his own name, or the name of any other person, or by drawing pleadings or other papers to be signed and filed by a party, in any court of record of this state, unless he has been previously admitted to the bar by order of the Supreme Court of this state. No such paper shall be received or filed in any action or proceeding unless the same bears the endorsement of some admitted attorney, or is drawn, signed, and presented by a party to the action or proceeding. It is hereby made the duty of the judges of such courts to enforce this prohibition. Any person who shall violate any of the provisions of this section shall be guilty of a Class III misdemeanor, but this section shall not apply to persons admitted to the bar under preexisting laws.

Enforcement Mechanisms/Complaint Processes for UPIL Victims may file a complaint with the Attorney General’s Consumer Protection Division, under the Nebraska Deceptive Trade Practices Act, which may be accessed here.

Nebraska consumer protection information and contact forms are here.

One may also submit a complaint to the Nebraska Judicial Branch’s Commission on the Unauthorized Practice of Law. Contact information may be obtained here.

If you are looking for any other state, you can find state-by-state UPIL rules and information here.

We hope you find this information helpful!

(Sometimes government web links might have been moved, updated or changed and no longer work.)

#UPL #UPIL #unauthorizedpracticeoflaw #notarioscam

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Warning from USCIS: Scam Alert – Imposter Calls!

9/13/2016

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(The following was posted on USCIS blog, The Beacon.)

If someone claiming to be a government official or law enforcement officer calls making threats such as deportation, beware! Hang up and report it!

Here’s How it Works

A number appears on your caller ID that may look like a legitimate government number. When you answer, the person on the phone poses as a USCIS or other government official or law enforcement officer. The scammer will say that there is a problem with your application or additional information is required to continue the immigration process. Then, they will ask for personal and sensitive details and may demand payment to fix problems. The scammer may tell you to make a money transfer or go to a store to purchase a money order, voucher or make some other type of money exchange, payment or withdrawal. They may threaten you with deportation or other negative consequences if you do not pay.

If you receive a call like that, we urge you to hang up immediately.

Please NOTE that USCIS will never call to ask for any form of payment over the phone or in an email. If they need payment, they will mail a letter on official stationery requesting payment. Do not give payment over the phone to anyone who claims to be a USCIS official. In general, we encourage you to protect your personal information and not to provide details about your immigration application in any public area.

If you have been a victim of this telephone or email scam, please report it to the Federal Trade Commission athttp://1.usa.gov/1suOHSS. If you receive a suspicious email or voice message and are not sure if it is a scam, forward it to the USCIS webmaster at uscis.webmaster@uscis.dhs.gov. We will review the messages received and share with law enforcement agencies as appropriate. Visit the Avoid Scams Initiative at uscis.gov/avoidscams for more information on common scams and other important tips.

If you have a question about your immigration record, please call the National Customer Service Center at 800-375-5283 or make an InfoPass appointment at http://infopass.uscis.gov. You can also use myUSCIS to find up-to-date information about your application process.

Beware of phone, internet, notario scams targeting immigrants. If in doubts, consult a licensed immigration attorney or USCIS.

Read here.

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Как не стать жертвой мошенников, и почему не стоит рассчитывать на бесплатную юридическую консультацию. How to avoid legal and immigration scams, and about danger of

6/25/2015

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Остап Бендер

In Russian:

Российская газета "Новые Известия" опубликовала дельную статью про опасность "бесплатных юридических консультаций". Журналисты проинтервьюировали некоторых моих московских партнеров и коллег.

Как известно, бесплатный сыр бывает только в мышеловке. Ты получаешь то, за что заплатил.

Хороший компетентный и этический адвокат НЕ будет предоставлять консультацию (давать юридический совет) бесплатно. В оказании юридических услуг самое главное - это получить правильный совет и знать что делать и как поступить.

Среди "юридических фирм" и "иммиграционных консультантов" попадается немало мошенников или недобросовестных и малограмотных "специалистов". Особенно много вебсайтов на интернете, которые в поисковике выходят в самом начале как реклама (так как вебсайт платит за такое выгодное размещение) и нелицензированных "иммиграционных консультантов" или "нотариусов", которые предлагают "первую" консультацию бесплатно и готовы перезвонить потенциальному клиенту в течение 5 минут. Что следует дальше, об этом люди не задумываются. А им навязывается контракт на завышенную сумму, с ненужными сервисами или предлагаются ненужные или вредные для дела действия (которые дорого стоят). После предоставления бесплатной консультации, такому специалисту ведь нужно как-то заработать на клиенте (на которого было потрачено время) -- если уж не брать оплату за консультацию, то ее используют как ловушку для доверчивых граждан, готовых повестись на обман.

Следует иметь в виду, что хороший опытный адвокат не будет и не имеет права давать "гарантии" успеха или гарантии выигрыша вашего дела. Опытный адвокат ценит свое и ваше время, и для того, чтобы проконсультировать клиента ей/ему нужно изучить ваши обстоятельства и проанализировать возможные варианты и осложнения перед тем как давать платный (ни в коем случае не бесплатный совет).

Хорошая статья обо всем этом в Новых Известиях, с консультациями моих Московских партнеров и коллег.

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Common Immigration Scams: helpful tips from USCIS how to avoid becoming a victim of immigration fraud or scam.

6/16/2015

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Immigration scam by a local business.

On November 20, 2014, the President announced a series of executive actions. However, not all of these initiatives have been implemented, and USCIS is not accepting any DAPA or expanded DACA applications at this time.

Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.

If you need legal advice on immigration matters, make sure that the person you rely on is an attorney who 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. An immigration attorney can be licensed in any state because immigration law is federal law. It's important to consult an experienced and knowledgeable attorney before submitting any immigration applications.

The Internet, newspapers, radio, community bulletin boards and local businesses 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.

Here are some examples of common immigration scams:

**Telephone Scams**.

Do not fall victim to telephone scammers posing as USCIS personnel or other government officials. In most instances, scammers will:

request personal information (Social Security number, Passport number, or A-number);
identify false problems with your immigration record; and
ask for payment to correct the records.

If a scammer calls you, say “No, thank you” and hang up. These phone calls are being made by immigration scammers attempting to take your money and your credit card information. USCIS will not call you to ask for any form of payment over the phone. Don’t give payment over the phone to anyone who claims to be a USCIS official.

If you have been a victim of this telephone scam, please report it to the Federal Trade Commission (FTC). Learn more about telephone scams and telephone scammers’ techniques by visiting Federal Trade Commission-Telemarketing-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.

Please see the National Notary Association website "What is a Notary Public" for more information.

**Local Businesses who are not law firms and not attorneys or lawyers**.

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 even a licensed attorney (but will tell you that attorneys charge more "for the same work"). They claim they can do this faster than if you applied directly with USCIS. These claims are false.

**Dot-com websites - operated by non-attorneys or people not authorized to give legal advice**.

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. Many of these websites are scammers or fraudsters, often taking money for blank forms or minimal assistance without attorney supervision.

USCIS has its own official website: www.uscis.gov 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. You can download forms for free at www.uscis.gov.

Do not pay to a non-attorney (not a lawyer) for help with immigration paperwork, applications, affidavit. Oftentimes, they give you wrong advice and can potentially damage your chances of ever becoming a permanent resident (getting a green card).

**Green Card Lottery or DV Lottery scams**.

Once a year in fall, 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 or often around the year, 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. Some scammers even identify you as a DV lottery “winner” and ask for significant amount of money "helping get a visa". These emails and websites are fraudulent.

The only way to apply for the DV lottery is through an official government application process (Department of State website, and only when it's open, during an application period which is usually in October-November only). DOS does not send emails to applicants.

On or after May 1st, you can visit the Department of State website to verify if you are actually a winner in the DV lottery.

If need help, consult a licensed attorney (not one of the "green card lottery" websites).

**INS doesn't exist. It's been replaced by DHS and USCIS**.

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

If someone refers to USCIS as "INS", it's a sign that they are not an attorney, but rather someone unqualified with little knowledge in immigration matters.

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. USCIS will communicate with you and your attorney by mail, by mailing you notices, approved work permit and green card through USPS (postal service).

If you need a legal assistance, we will be glad to help. Our contact information is here.

Read here.

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Avoid Immigration Scams: Uniting for Ukraine, and other Humanitarian Processes

How to Report Immigration Scams

Beware of Common Immigration Scams

Unauthorized Practice of Immigration Law (UPIL) in Nebraska & State-by-State Overview

Warning from USCIS: Scam Alert – Imposter Calls!

Как не стать жертвой мошенников, и почему не стоит рассчитывать на бесплатную юридическую консультацию. How to avoid legal and immigration scams, and about danger of

Common Immigration Scams: helpful tips from USCIS how to avoid becoming a victim of immigration fraud or scam.

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