Columbus, OH immigration attorney on the unauthorized practice of law

October 31, 2011
By Sam Shihab & Assoc. on October 31, 2011 12:48 PM |

We wanted to touch on a national initiative that the United States Citizenship and Immigration Services (USCIS) has undertaken to combat fraud related to immigration services provided by non-attorneys.

Malfeasance related to immigration services provided by those not licensed to practice law is a serious issue and it's important our readers are aware of what the government is doing to tackle the problem.

This year the USCIS has launched a program that aggressively targets scam agencies which prey on the immigrant community by promising unrealistic servicers. Unusually fast acquisition of green cards and work permits are offered using email and word mouth, among other means.

The initiative focuses on enforcement and education, along with collaboration with those in the community. USCIS is targeting unauthorized practice of immigration law and is setting up a database to better manage consumer complaints.

Assistant Attorney General for the Civil Division of the Department of Justice Tony West said: "This coordinated initiative targets those who prey on immigrant communities by making promises they do not keep and charging for services they are not qualified to provide."

We applaud these efforts and share USCIS' belief that this type of fraud is an important problem to take on.

The immigrant population is particularly susceptible group that doesn't understand the complexities of immigration law. They are can be easily duped into filing documents that are either fraudulent or inappropriate for large sums of money and give them unrealistic hopes.

There are situations where fraudulent filings can cause almost irreversible damage to an immigrants' efforts to attain citizenship or other legal status. If a victim unknowingly signs a fraudulent document it can even start a process leading to deportation.

It's important that while the system allows for a non-lawyer to handle immigration applications - a so-called "authorized representative - the safest way to navigate the process is through retention of an attorney.

We would support a change in the policy that allows non-attorneys to provide these kinds of services. The USCIS should have the wisdom and courage to repeal the law, as policy is somewhat unclear and invites opportunities for these elements to try and take advantage of the system.