The short answer to that question is absolutely. The Immigration process can be very tricky for those who are not familiar with the process. There are many different government agencies involved (USCIS, EOIR, ICE, NVC, DOS, CBP, etc.) and the forms can be super confusing. Some forms have instructions that are over 40 pages long and trying to get information from the government agencies by calling to ask a question is as futile as talking to a wall. To top it off, there are a lot of people out there that are looking to make a quick buck at the expense of your future.
In many countries, the use of a notary public or notario publico is almost the same as using a lawyer. That is not the case in the United States. The process for becoming a notary in the U.S. is no where near what a notary has to go through in other parts of the world. Additionally, a notario is NOT an attorney. There are many people out there that will promise you that they will get you a work authorization or green card when there is no legal basis for the application. These individuals will charge excessive fees and could even subject you to removal from the United States. I have personally seen many people who have been harmed by the use of notaries. I have had many clients who thought they were doing the right thing, because it was a person they thought they trusted or their brother’s best friend’s Aunt used this person and they were able to get a work permit. They did not get a work permit and ended up in removal proceedings because an asylum application was filed or other type of application that the person did not qualify for.
Many people do not realize how bad the situation is until they receive that notice to appear for removal proceedings before an Immigration Judge. And once an application is made, even if you have no idea what you signed, the Government will take the position that you did because you signed the form. Lying or providing false information to a government official could be considered a misrepresentation which could make you inadmissible and/or removable. This means that you may not be able to seek certain immigration benefits even if you end up qualifying for a certain type of relief at a later date. The law is always changing. You may not qualify today for a green card or work authorization, but that could very well change.
The moral of the story is, make sure that you are using a knowledgeable attorney who has experience, and it is someone that you can trust. The Immigration process is complex and can be scary. Below are a few things to look out for when seeking professional assistance with your Immigration matter:
- Make sure that the person you are meeting with is a licensed attorney not subject to any disciplinary proceedings. In order to practice Immigration law, the attorney only needs to be admitted to practice law in a state or territory of the U.S. Ask for the attorney’s bar number and state/territory they are licensed in so you can look them up to make sure they are actually licensed and not subject to any disciplinary proceedings. There are also BIA Accredited Representatives, who are non-lawyers working at non-profit organizations that have been granted permission to provide Immigration help by the U.S. Department of Justice. If they are not a licensed attorney in good standing with their state bar or an accredited representative, they are not authorized to assist you with your Immigration case. You can also check the Executive Office for Immigration Review (EOIR) list for all disciplined practitioners.
- Review the forms before signing and never sign a blank form. Make sure that you see the Forms being submitted on your behalf before it is submitted. If you have any questions, go over them with the attorney. If you need a translator, ask for one or bring your own. Never sign a blank form or a blank piece of paper. This is one way to get yourself in trouble as you may not know what is submitted on your behalf and it could negatively impact your case. Always ask for a copy of what is submitted on your behalf.
- You should never be charged for the Form itself. Most forms have filing fees and most attorneys will charge a fee for their services to prepare the forms and the accompanying evidence. However, you should never be charged for the actual form itself. This is a sign you are dealing with someone who is looking to take advantage of you. All forms are available online for free.
- Get a receipt for any payment made.
- Do not let your attorney keep your original documents. The attorney should always make copies of your personal documents, while you keep the original documents. If an original is needed, the Immigration official will ask to see it at an interview or hearing. Do not submit originals.
- Do not trust anyone who claims to know about secret laws. Any new laws or regulations are made public. Beware of people who ask you to pay to be put on a waiting list. This is not a thing.
- Track your case. In almost every scenario where you are seeking an Immigration benefit, you can track the status of your case. Many of these cases take time. They can take a very long time. This is due to the very very long back log of cases. If you used an attorney, you should be provided with a receipt notice once your application was submitted and received by USCIS. This can take a couple of weeks. That receipt notice will have a receipt number that can be used to track your case status online as uscis.gov. If you are in removal proceedings, there is a hotline that can be used to track the status of your case and to see when you have your next hearing date. If you try to use these and nothing comes up and the person you used to assist with your application or who says they are representing you in Court does not answer your calls within a reasonable amount of time (at least a week), you may need to get a second opinion.
The last point I want to make, and one of the main reasons people choose non-lawyers to assist them, is the cost. Inflation is high and the cost of everything is being felt by everyone. Many people are looking to save money where they can, and this can make people weary of using an attorney because attorneys can cost more than using a notario. However, in the long run, getting a competent Immigration attorney to assist you will save you money. The notario will likely mess up your case and you will end up having to pay for an attorney to fix the mess that is made, if it is fixable. Remember, you do get what you pay for. Don’t become a cautionary tale. Many law firms will provide payment plans to assist those on a budget. Don’t let the cost of representation push you into making a decision that could negatively impact the rest of your life.
The attorneys at The Orlando Law Group represent immigration clients in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Sanford, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.
If you have a question about your Immigration case or whether you may have any immigration benefits available to you, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it. We provide representation and legal services for both homeowners and Associations alike.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on February 17, 2023 by The Orlando Law Group