To provide attorneys, and other individuals, with information on how to take action against notarios. This includes: a) How to report immigration consultants who are engaging in the unauthorized practice of law to state and local authorities. b) How to report immigration consultants to state bar associations for engaging in the unauthorized practice of law. c) Possible theories that might form the basis of a civil suit against attorneys complicit in immigration consulting fraud.
To provide a depository of pleadings and other forms that might be useful in reporting, or pursuing a case against, an immigration consultant.
To facilitate the referral of victims of immigration consulting fraud to litigation and consumer protection attorneys interested in representing them, pro bono, in civil litigation against fraudulent immigration consultants.
Check out the latest on Notario Fraud cases and policies, and updates on the Fight Notario Fraud project.
From the Fight Notario Fraud project head Tanisha Bowens-McCatty: “We really need attorneys that have experience in civil court, in criminal court or experience sort of walking through complex matters.”
Full article - hereThe ABA Commission on Immigration is deeply concerned about non-citizen consumers of immigration legal services being defrauded by non-attorney individuals who are not authorized or qualified to practice immigration law. This practice, often referred to as "unauthorized practice of immigration law" or "UPIL," has been a chronic problem for decades; it results in serious consequences including devastating financial loss and severe immigration ramifications such as deportation. The Commission is committed to educating the public regarding the legal process and upholding legal standards, ethics, and laws--federal, state, and local-- surrounding the practice of law.
This program was designed for law enforcement on investigating and prosecuting immigration services fraud.
Unscrupulous “notarios” or “immigration consultants” have become an increasingly serious problem in immigrant communities throughout the United States. Often using false advertising and fraudulent contracts, notarios hold themselves out as qualified to help immigrants obtain lawful status, or perform legal functions such as drafting wills or other legal documents. Unethical notarios may charge a lot of money for help that they never provide. Often, victims permanently lose opportunities to pursue immigration relief because a notario has damaged their case. The Commission is working to provide immigrant communities with information about this dangerous practice, and to support advocates who represent victims. Unfortunately, notario fraud is usually identified after the fact, when an immigrant has already suffered an adverse event as the result of a consultant's services (e.g., a denial of temporary protective status, or a removal order), and seeks the assistance of a licensed immigration attorney. Although there are specific procedures for reopening removal proceedings based on deficient performance of authorized counsel, many attorneys are unaware of what actions can be taken against consultants to hold them accountable and deter future abuses.
