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Arrest of famous Russian-speaking lawyers in the USA: what to do for their clients

'22.02.2021'

Lyudmila Balabay

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Immigration attorney Ilona Dzhamgarova and immigration consultant-mediator Yuri Mosha were arrested in the United States last week. They are accused of asylum fraud in the United States. They allegedly falsified client stories by attributing non-existent political views or sexual orientation to them. You can read more about the charges against them. here.

Collage: ForumDaily (photo - from personal archives of Mosha and Dzhamgarova)

These people were widely known in the Russian-speaking communities of New York and Florida, and many immigrants from the post-Soviet space turned to them to resolve immigration issues. Now the cases of these people, even if they had nothing to do with fraud, are marked with a red flag as requiring increased attention and more thorough verification by the immigration authorities. And all this against the background of the fact that the person has lost the lawyer representing him.

In addition, after the arrest of Dzhamgarova and Mosha, all of their clients are threatened with a review of their immigration cases, regardless of the statute of limitations. That is, new negotiations with the Immigration Service or even the courts await those who received legal status in the United States a few years ago and have already forgotten about the problems associated with this.

What to do for clients of Jamgarova and Mosha

If your case is frozen in the middle of the process, then it must be resold or continued, depending on the situation. Given the increased attention to all clients of Dzhamgarova and Mosha by the immigration authorities, it is better to do this not alone, but through a lawyer.

But how to choose it so as not to get burned again? .. First, check if he has a license to practice... This question alone would have saved many from cooperating with Mosha, who did not have a lawyer's license and acted as an immigration consultant-intermediary. Nobody says that all intermediaries are scammers, but it is cheaper and safer to work on a case directly with a licensed lawyer.

So, first of all ask the full name of the lawyer and his license number issued by the state bar. Before hiring an immigration lawyer or paying any sum of money, find data about him on State Bar website New York (or another state in which the lawyer must be licensed)to find out if his license is valid and whether violations have been recorded on his part. You can also find out this information by calling the New York State Bar Association at 212-428-28-00.

Additionally, you need to make sure that the person has a license to act as an immigration lawyer... Lists of attorneys, including immigration lawyers, who have been revoked (and have not reinstated it to date) or have been subject to disciplinary action by the US Department of Justice can be found at link.

On the subject: New York Immigrant Legal Aid: A List of Organizations and Helpful Tips

Secondly, draw up a contract in writing, and also require a receipt for the payments you made. Usually, a person posing as a lawyer refuses to document the transaction.

Ilona Dzhamgarova had a valid license, so she would most likely have passed all these checks.

Therefore, thirdly, when choosing a lawyer, banal logic and attentiveness are important... If an immigration lawyer offers you the slightest "correction" of information about you to "make the case more reliable", refuse his services. Any lie in immigration documents and forms (even the most innocuous, possibly resulting from a mistake) can lead to the revocation of immigration status and deportation, even decades after the approval of the case.

What to do if there is no money for an immigration lawyer

The services of an immigration attorney in the United States are not cheap. And it is quite probable that Mosha and Dzhamgarova's clients, now hanging in the limbo, cannot afford to hire a new lawyer. If this is the case, you can do the case yourself (not a good idea given the situation) or go pro bono (a public advocate).

Pro bono (short for “pro bono publico”) is a Latin phrase meaning “for the public good”. In a modern interpretation, this means that the lawyer will do the work for free, without requiring the client money.

There are three different types of public attorneys:

  • Charity lawyers.
  • Lawyers for law schools.
  • Private lawyers who voluntarily help in their free time.

Charity organisations

An extensive list of such organizations can be found on the website. Immigration Office (EOIR). This agency actually operates the country's immigration courts. The list is filtered by state, which is quite convenient when searching. If you don't see your location, click on the nearest state and see charities active in your area. American Association of Immigration Lawyers (an association of private and nonprofit lawyers) has a similar and probably more comprehensive list. Many of the organizations on these lists are free. Some of them charge "nominal fees" (although, it is said, in some cases, a "nominal fee" of thousands of dollars was required, this is the exception rather than the norm). It is worth noting that most of these organizations will not take a case if they are confident that you can pay for the services of a paid lawyer, but simply do not want to.

On the subject: As a foreigner to get a loan for housing in New York: instructions and pitfalls

Law schools

Law schools are another type of free submission. Many of them have programs in which law professors supervise law students based on real cases. Students do all the actual work on the case. This list (in Excel format) The Law Professors Blog Network is a great place to start looking for such a lawyer. In addition, if you try to enter Law School Immigration Clinic into a search engine and add the city name, then you will be able to find student lawyers in your city.

Free software

Many law firms have programs that will help you for free. Most often, clients get to such programs through charitable organizations, but firms can communicate with people directly. If you have acquaintances in a law firm (or acquaintances of acquaintances), then you can inquire about the availability of such programs.

Help from the city

New York City also has lawyers ready to assist immigrants. To get free and safe legal aid for immigration in New York City, you need to contact the service ActionNYC by number 1-800-354-0365 (calls are accepted from Monday to Friday from 09:00 to 18:00). Here you are unlikely to be helped with representation in court, however, they will definitely provide professional legal advice.

Immigrants living in New York can also get free legal aid from several organizations. List of organizations providing free assistance to immigrants.

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