Immigration Fraud: When “Too Good to Be True” Really Is
Some days practicing law feel especially meaningful. Recently, I had one of those days.
Two clients received U.S. Treasury checks connected to an immigration fraud scheme in which they had been victims.
Their experience is also an important warning for immigrants and their families: when someone promises an immigration result that sounds too good to be true, you need to understand exactly what is being filed in your name.
TL;DR
Be cautious of anyone promising a work permit, immigration status, or guaranteed result when you do not appear to qualify.
Never allow someone to submit an immigration application without understanding what it says and why you qualify.
Immigration fraud committed by a preparer or consultant can create serious problems for the immigrant whose name appears on the application.
In the case discussed here, our clients were treated as victims and witnesses rather than participants in the fraud.
They ultimately received restitution connected to money recovered by the government.
Before accepting a supposed immigration “shortcut,” consider getting a second opinion from a qualified immigration attorney.
The Promise That Should Raise Red Flags
Several years ago, a man who was well known within the local Thai community developed a business assisting people with immigration matters.
His pitch was extremely attractive.
He claimed he could obtain work permits for people who were not otherwise eligible for them.
Some of the people seeking his help were in the United States on tourist visas or student visas. Others had overstayed their visas or otherwise lacked lawful immigration status.
The attraction was obvious.
If an attorney tells you that you do not currently qualify for a work permit, but someone else says, “I know a way to get you one,” whom do you want to believe?
Unfortunately, the easier answer is not always the truthful one.
What Was Being Filed?
According to the information involved in our clients' cases, asylum applications were being submitted on behalf of people who did not legitimately qualify for asylum.
The clients we later represented did not understand what was actually being done in their names.
They believed they were receiving legitimate immigration assistance.
And initially, the process appeared to work.
Applications were filed and work authorization followed.
But obtaining an immigration benefit does not necessarily mean that the application used to obtain it was legitimate.
Eventually, the scheme came to the attention of federal authorities.
Then the Government Started Asking Questions
After the person responsible was prosecuted, federal authorities began contacting people whose immigration filings were connected to the operation.
Imagine receiving that letter.
You went to someone you believed could help with your immigration situation. You paid for assistance. Documents were submitted on your behalf.
Then, years later, the federal government contacts you because those filings are connected to a criminal investigation.
Several people came to our office looking for help.
Understandably, they were frightened.
Our Clients Were Victims, Not Criminal Defendants
An important question in a situation like this is what the immigrant actually knew.
Did the person knowingly participate in fraud?
Or did the person believe that the individual preparing the immigration paperwork was providing legitimate assistance?
For our clients, that distinction was critical.
The government treated them as victims and witnesses, not as participants in the fraud.
That was an important outcome, but the situation still required them to deal with the consequences of immigration filings that had been submitted in their names.
This is why you should always know what is being filed with the government on your behalf.
Signing an immigration form that you do not understand can have consequences years later.
An Unusual Ending: Our Clients Received Money Back
There was another unusual part of this case.
In many fraud schemes, victims never recover the money they paid. By the time authorities intervene, the money may already be spent, transferred or otherwise unavailable.
In this case, however, the government recovered funds connected to the scheme.
Eventually, some of that money became available as restitution for victims.
Recently, our office received U.S. Treasury checks for two of our clients.
After everything they had been through, they were finally recovering money they had lost.
For an attorney, receiving those checks was a particularly satisfying moment.
But most victims of immigration fraud should not expect such a fortunate ending.
Warning Signs of Immigration Fraud
Immigration law is complicated, and legitimate immigration cases can sometimes produce surprising results.
But certain promises should make you ask more questions.
Be particularly cautious when someone claims they can:
Guarantee that you will receive a work permit
Obtain an immigration benefit even though you have been told you do not qualify
Create a “special” case that other attorneys supposedly do not know about
Guarantee approval of an immigration application
Tell you not to worry about what is written in documents you are signing
Submit an asylum application without carefully discussing why you qualify for asylum
Encourage you to provide false or misleading information to the government
A legitimate immigration professional should be able to explain what is being filed, why you may qualify, what the risks are, and what happens next.
Be Careful With “Notarios” and Immigration Consultants
Another source of confusion is the term “notario.”
In many Latin American countries, a notario can be a highly trained legal professional.
That is not what the term means in the United States.
A notary public in the United States is not automatically an attorney and is not authorized simply by being a notary to provide immigration legal advice or represent people in immigration proceedings.
The same caution applies to anyone calling themselves an immigration consultant, preparer, specialist, or advisor.
Before allowing someone to handle your immigration case, find out exactly what qualifications they have and what they are legally authorized to do.
There Are No Secret Immigration Shortcuts
Immigration law is complicated, but it is not magic.
There are legitimate strategies that may not be obvious to someone unfamiliar with immigration law. That is one reason experienced legal advice can be valuable.
But there is a major difference between finding a lawful immigration option and inventing facts or filing an application for a benefit that the applicant does not legitimately qualify for.
If someone promises an immigration result that sounds unusually easy, ask questions:
What application are you filing?
Why do I qualify?
What information will you give the government?
Can I have a complete copy before it is submitted?
And perhaps most importantly:
Would a qualified immigration attorney agree that this is legal?
If you are uncomfortable with the answers, get a second opinion before anything is filed.
Worried About Something Filed in Your Immigration Case?
If someone previously prepared an immigration application for you and you are concerned that the information may have been incorrect, false, or submitted without your understanding, do not ignore the issue.
The Law Office of Louis S. Haskell assists immigrants and families with complex immigration matters in Massachusetts.
📞 Call or text: (978) 459-8359
Bring copies of anything that was filed on your behalf, if you have them. Understanding what was actually submitted is often the first step in determining what options may be available.
This article provides general information and does not constitute legal advice. Immigration matters are highly fact-specific, and prior filings can have different consequences depending on the circumstances.