Immigration Fraud in New York: Where to Contact and How to Avoid

Immigrants can become victims of fraud and end up in a dangerous situation due to the actions and advice of dishonorable immigration providers. A person in need of advice on immigration matters must be very careful in choosing a consultant or lawyer. Writes about this Comptroller.nyc.gov.

Some consultants give customers unsubstantiated guarantees of certain results, conduct unscrupulous advertising campaigns or set unreasonably high prices for their services. Immigrants should be aware of the existence of such practices and carefully collect information and recommendations about the counselor they intend to contact. City law protects immigrants from fraud by imposing the following obligations on individuals who wish to provide immigration advisory services in New York City:

• draw up a contract in writing indicating all the services provided, as well as the amounts that the client must pay. The contract must be drawn up in English and in a language understood by the client;
• кthe client should be able to cancel the contract within three days and receive a full refund of the money paid;
• the advertising materials and signs of such a consultant must indicate that he is not a lawyer or is not accredited by the Board of Immigration Appeals, BIA. This information should be present on all advertising materials and signs, should be clearly visible, and also translated into all languages ​​in which the services are provided;
• хinjure copies of all documents and records received or prepared for the client within three years; иTag a $ 50 bank guarantee.

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In addition, immigration consultants are not allowed to:

• charge a fee for the provision or completion of state profiles;
• charge for services that were not provided;
• not to provide copies of documents completed and submitted on behalf of the client or not to provide originals of documents to the client;
• be called a lawyer or lawyer in English or any other language or use another type of document that may give the client the impression that the consultant has certain professional skills or is officially authorized to give advice on immigration issues;
• advertise their services as legal or give recommendations regarding legal matters without having the authority to do so;
• make it clear that they have a special influence on the resolution of issues in state bodies or agencies, or give guarantees or promises for which there are no sufficient grounds without making such promises or guarantees in writing;
• disclose information to immigration services or other bodies or submit any documents to these organizations without the knowledge or permission of the client.

In 2014, the State of New York passed the Immigrant Assistance Service Enforcement Act. Under this law, people who need New York State immigration assistance must be provided with new and more serious legal protection. Functions of the Immigrant Assistance Act:

• Clarify that only lawyers, as well as individuals and organizations accredited by the Board of Appeal for Immigration, can provide legal services to immigrants;
• tighten translation requirements for the provision of assistance services to immigrants;
• establish additional requirements for advertising and contracts applied by those who provide assistance services to immigrants.
• establish criminal penalties and toughen civil penalties for immigrant fraud;
• establish a New York New Yorker service as the official executive body to help immigrants access legal services, the English for Speakers of Other Languages ​​(ESOL) program, and civil rights education , vocational training and other services.

If you have questions about the Immigrant Assistance Act, or services and protections for immigrants, contact the New Americans Service at 1 (800) 566-7636.

The Manhattan District Attorney's Office has an Immigrant Affairs Program, the main objective of which is to combat crimes against immigrants. Immigrants trying to obtain a residence permit, citizenship, housing, or work often fall victim to criminals.

The goal of the immigrant work program is to enable immigrants, including undocumented immigrants, victims or witnesses of a crime, to report a crime, even if they fear interacting with law enforcement agencies. Regardless of immigration status, a victim and witness of fraud, deception or other immigration crime may report a violation to immigrant workers.

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Fraud victims can return the money they paid. An integral part of the Manhattan District Attorney Services policy is the failure to disclose the immigration status of victims and witnesses to immigration officials.

You can report or transmit information about fraud or other crime to employees of the Manhattan Immigrant Program by calling (212) 335-3600 (translation services are available in different languages). You can also write to: Immigrant Affairs Program, One Hogan Place, Room 753A New York, NY 10013.