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Why else do we concern ourselves with bridging the gap between the California Immigration Consultant Services and the good folks that need to get their paperwork finalized? My family came from Mexico 4 generations ago to help build the train railway. The United States created a path to citizenship for my great grandparents and this is our way of giving back.
Angel Torres was one of the speakers at CHIRLA press conference, with his wife Rosa Cruz, an immigrant family who paid for immigration law advice and received wrong, fraudulent, information by unregulated immigration consultants. Since President Donald Trump took office, immigrants have been advised to seek legal help if they are at risk of deportation. However, immigrants must be vigilant of attorney fraud. The immigrant rights group, CHIRLA, on Monday press conference highlighting stories of immigrant families who paid for immigration law advice and received wrong information by unregulated immigration consultants.
A Central American woman lost her job after an immigration consultant, who charged her $4,500, failed to renew her temporary protected status that allowed her to work in the United States.
A Mexican woman’s request to remain in the United States while the consulate in Mexico reviewed her green card application was denied after an immigration notary inappropriately submitted the paperwork. She lost $3,000 in the process.
Immigrant rights advocates with the Coalition for Humane Immigrant Rights, a Los Angeles-based organization that provides services across Southern California, say these are common occurrences. The coalition, which offered those examples on Facebook, is trying to combat such problems with a new bill that would repeal California’s immigration-consultant law and do away with this industry as of Jan. 1, 2019.
comes at a time when more immigrants are seeking legal help as President Donald Trump has expanded the categories of people who are eligible for deportation. It passed the Senate Judiciary Committee on a 4-2 vote. It now heads to the Committee on Appropriations.
“We are most concerned about increased fraud because people are desperate,” said Jorge-Mario Cabrera, a spokesman for the coalition. “Immigration fraud is a perennial problem, and we believe the immigration-consultant industry must be updated to help prevent further victimization of our community.”
Cabrera said immigration consultants have offered false legal remedies, encouraged immigrants to apply for certain benefits when deadlines have passed, and suggested they know someone at U.S. Immigration and Customs Enforcement or other immigration agencies who could speed up their processes.
In California, immigration consultants are authorized to complete immigration forms but cannot give legal assistance or advice on immigration matters. A person can become an immigration consultant by passing a background check and submitting the following: a completed immigration consultant disclosure form, a copy of a valid and current photo identification, a passport photo, a $30 filing fee and a $100,000 surety bond.
The bill, AB 638, would require the secretary of state, by Jan. 1, 2019, to notify any person who was registered as an immigration consultant at any time on or after Jan. 1, 2016, that the industry was prohibited.
It would also establish criminal and civil penalties for people who continue to engage in the practice.
“It’s critical that we do whatever possible at this point to be able to help immigrants in our community,” said Assemblywoman Anna Caballero, D-Salinas, who introduced the bill.
Caballero and immigrant rights advocates say these kinds of notary services are sought not just by undocumented immigrants, but legal permanent residents who are seeking citizenship and young immigrants who are protected from deportation by the Obama-era program, Deferred Action for Childhood Arrivals, or DACA.
Many eligible immigrants are assessing whether to apply for the DACA program as it remains in limbo under the new White House administration.
“There is no room for error,” Caballero said. “Immigration law is complex.”
A number of immigration consultants and organizations have submitted letters of opposition, arguing the bill could result in a number of immigrants making errors completing their own forms because they couldn’t afford legal help. They also fear a larger underground market of unqualified people filling out immigration documents.
Groups like the National Association of Immigration Consultants, Hermandad Mexicana Humanitarian Foundation and the Hispanic Chambers of Commerce of San Francisco oppose the bill.
The nonprofit group National Association of Immigrant Professionals on their website said the bill was “well intended” but not the “solution to protect the public from corrupt individuals.”
“(The) only thing that this bill accomplishes is denying access to affordable immigration services to the tens of thousands of people who seek a California Immigration Consulting Service each year,” the group said.
But to Cabrera, of the Coalition for Human Immigrant Rights, this bill is crucial.
“The bill will protect victims and immigrants, not immigration consultants who currently provide legal services but are not unauthorized to practice immigration law.”
Cabrera said immigrants go to notary public services because notarios are respected legal professionals in Latin America.
However, notaries in California don’t have the same training or mandate, Cabrera said.
“They are not the same thing … and they are not informed otherwise verbally or in writing,” he added. “Immigration consultants tend to be friendly, persuasive, and their services are coupled with tax and notary public services.”
The coalition, which is sponsoring the bill, held a press conference Monday, July 10, to inform the public of immigration fraud.
He paid a consultant to help him apply for a U-Visa, which lets victims of crimes who meet certain requirements stay in the United States. However, they were unable to get him the benefits he needed.
“They make our lives impossible,” he said in Spanish.
He is now moving forward with his application with the help of the coalition.
For Caballero, incidents such as this are what her bill seeks to prevent.
“This is happening thousands of times across California,” she said. “This is not going to be easy, but it’s critically important if we’re going to protect our immigrant community.”
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