Beware of fixers’ advice or promises

Dear Attorney Gurfinkel:

I saw an ad in a newspaper by an immigration consultant who claimed he can help people with their visa problems. So, I went to him for help to fill out my immigration papers. This consultant kept boasting how he was very knowledgeable in U.S. immigration laws, and claimed he knew tricks and shortcuts which attorneys were not aware of. In fact, this consultant even "guaranteed" I could get my visa.

This consultant was very convincing, so I paid him to help me with my immigration papers. However, now I am very nervous about his advice. I want to be truthful, but he is urging me to lie to the Consul and submit fake papers. According to him, the truth would just "complicate" or mess up my case, or delay processing.

I really want my visa, but I want to do things right. Now I’m having second thoughts about this immigration consultant’s advice.

Very truly yours,
NR

Dear NR:

It continues to surprise me that many aliens continue to pay thousands of dollars of their hard-earned money to various "immigration consultants", who claim they can help them with their immigration problem, instead of seeking the services of a licensed attorney.

If you are sick, don’t you go to a doctor? If you have a toothache, don’t you go to a dentist? So, why, when you have something as important as your immigration status (which affects your future and your family’s future), don’t you go to a real attorney, who has the education and training to assist you, and can represent you in court, before the INS, or Embassy.

Although there are INS authorized legal service organizations who do offer competent legal advice, many other immigration consultants make all kinds of promises, just to get your money. Some say that they had worked for several years in a law office, and, therefore, know how to prepare the papers, "just like an attorney". However, what if a person told you that they had worked at a doctor’s office for several years. Would you let them perform surgery on you, or on your children?

Just recently, the U.S. Embassy reported the arrest of a fixer, who was charging people thousands of dollars for "guaranteed" visitor’s visas. He would tell his clients to lie, and would provide them with fake papers, to "increase" their chances of success. But remember, if you rely on a fixer, it is you who will suffer if caught, by facing a possible lifetime ban for fraud. By law, you are responsible for, and bear the consequences of, your agent’s fraud, even if you are a victim. Don’t rely on fixers. Go to an attorney instead.

Attorneys have spent years in college and then in law school, being trained in the legal profession. They must be licensed by the State Bar. Even after obtaining their license to practice law, they must take continuing education courses, to be updated on immigration laws, which are ever-changing.

Consultants have no such requirements concerning education and training. In fact, anyone can call themselves a "consultant", without having any knowledge or experience in immigration laws.

I have come across people’s cases, handled by immigration consultants who create more problems than they solve. The consultants are after quick cash for themselves, rather than advising you about what is in your best interest. The money you save for this "advice" may end costing you more later on, in order to correct it. But, more important than the money, is the time that could be lost in being reunited with your loved ones. That is something you cannot put a price tag on.

In your particular case, the consultant is giving you wrong advice, and you can expect nothing but problems if you follow that advice. You should be truthful, and provide legitimate, real documents to the INS or Embassy. Many people caught with fraud, or using fake documents, could have been eligible (or been granted the visa) had they told the truth. But, by following the fixer’s advice, they are banned for life.

That is why it is important that if people need legal assistance, they should go to a lawyer, who has the education, training, and license to practice law, and give legal advice. Remember, you should always try to get legal "legally".

Michael J. Gurfinkel has been a licensed attorney in California for 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239. For more information about the Law Offices of Michael J. Gurfinkel, and to read previously published articles, please visit our website at www.gurfinkel.com.

(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)