By American Bar Association
The American Bar Association (ABA) has issued an alert regarding a sharp increase in the number of individuals fraudulently posing as immigration attorneys, often falsely stating they work for reputable legal services organizations, including the ABA, or that they have special relationships with government officials.
The increase is attributed to rising enforcement actions, and bad actors seeking to take advantage of immigrant communities desperately seeking legal assistance. The alert comes as the ABA has been contacted about unauthorized immigration practitioners who have represented themselves as working for the ABA and as being legally qualified to provide immigration assistance and representation, despite lacking any credentials or authority.
With improvements in technology, scams may be more difficult to discern as false. Fraudsters are using ABA branding and office addresses to trade on the ABA’s reputation, often charging thousands of dollars for services that are never provided, said Adonia R. Simpson, deputy director for policy and pro bono for the ABA Commission on Immigration.
They even are creating fraudulent receipt, interview and approval notices from immigration agencies, she said. In some instances, perpetrators have used the names and likenesses of immigration attorneys, without the knowledge of those attorneys.
“Their actions cause irreparable damage to immigration cases, drain immigrants’ limited financial resources and leave victims vulnerable to detention or removal,” Simpson said. “Victims of immigration services fraud face real and irreversible consequences,” she said.
Although states and localities cannot enforce federal immigration law, many states have enacted laws aimed at targeting unauthorized practice of immigration law (UPIL) or have applied existing unauthorized practice of law statutes to immigration law practice. These laws generally impose minor penalties, including small fines, civil penalties and misdemeanor charges. Few statutes impose serious penalties.
If victimized, immigrants may be able to contact their state Attorney General Office, consumer protection agencies or state attorney licensing entity.
The ABA provides the following advice for citizens and noncitizens seeking legal assistance:
• Reputable legal services organizations will not directly contact you to solicit business through social media or WhatsApp.
• The ABA generally does not charge for legal services, and no fees will be paid through mobile payment platforms. Some nonprofit legal services organizations may charge nominal fees but will not seek payment through mobile applications.
• You can seek reputable legal assistance through the Immigration Advocates Network and the American Immigration Lawyers Association.
If you are paying a lawyer:
• Meet with an attorney in their office, if possible.
• Ask to see proof of licensure and check the state’s licensing authority to confirm that the person is a licensed attorney in good standing.
• Thoroughly review the contract and understand what services you are receiving and keep a copy of any agreements.
• Always get receipts for payments.
• Try to get a second opinion, when possible, especially if the options sound too good to be true.
• Review any applications or forms submitted before signing and get copies for your records.
• Always keep original documents.
For additional resources, contact the ABA Commission on Immigration or Shanda Ivory at Shanda.ivory@americanbar.org.
The American Bar Association (ABA) has issued an alert regarding a sharp increase in the number of individuals fraudulently posing as immigration attorneys, often falsely stating they work for reputable legal services organizations, including the ABA, or that they have special relationships with government officials.
The increase is attributed to rising enforcement actions, and bad actors seeking to take advantage of immigrant communities desperately seeking legal assistance. The alert comes as the ABA has been contacted about unauthorized immigration practitioners who have represented themselves as working for the ABA and as being legally qualified to provide immigration assistance and representation, despite lacking any credentials or authority.
With improvements in technology, scams may be more difficult to discern as false. Fraudsters are using ABA branding and office addresses to trade on the ABA’s reputation, often charging thousands of dollars for services that are never provided, said Adonia R. Simpson, deputy director for policy and pro bono for the ABA Commission on Immigration.
They even are creating fraudulent receipt, interview and approval notices from immigration agencies, she said. In some instances, perpetrators have used the names and likenesses of immigration attorneys, without the knowledge of those attorneys.
“Their actions cause irreparable damage to immigration cases, drain immigrants’ limited financial resources and leave victims vulnerable to detention or removal,” Simpson said. “Victims of immigration services fraud face real and irreversible consequences,” she said.
Although states and localities cannot enforce federal immigration law, many states have enacted laws aimed at targeting unauthorized practice of immigration law (UPIL) or have applied existing unauthorized practice of law statutes to immigration law practice. These laws generally impose minor penalties, including small fines, civil penalties and misdemeanor charges. Few statutes impose serious penalties.
If victimized, immigrants may be able to contact their state Attorney General Office, consumer protection agencies or state attorney licensing entity.
The ABA provides the following advice for citizens and noncitizens seeking legal assistance:
• Reputable legal services organizations will not directly contact you to solicit business through social media or WhatsApp.
• The ABA generally does not charge for legal services, and no fees will be paid through mobile payment platforms. Some nonprofit legal services organizations may charge nominal fees but will not seek payment through mobile applications.
• You can seek reputable legal assistance through the Immigration Advocates Network and the American Immigration Lawyers Association.
If you are paying a lawyer:
• Meet with an attorney in their office, if possible.
• Ask to see proof of licensure and check the state’s licensing authority to confirm that the person is a licensed attorney in good standing.
• Thoroughly review the contract and understand what services you are receiving and keep a copy of any agreements.
• Always get receipts for payments.
• Try to get a second opinion, when possible, especially if the options sound too good to be true.
• Review any applications or forms submitted before signing and get copies for your records.
• Always keep original documents.
For additional resources, contact the ABA Commission on Immigration or Shanda Ivory at Shanda.ivory@americanbar.org.
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