Immigration “Consultants” and Fraud

When asylum seekers arrive in the United States, they are often unfamiliar with how to file for asylum and how to find help with their cases.  Such people commonly hire “consultants” (or “notarios” in the Spanish-speaking community) to assist them.  The consultants prepare the case and sometimes attend the asylum interview as an interpreter.  They charge a fee–often the same or a little cheaper than a legitimate attorney.  Sometimes these cases succeed and asylum is granted.  More frequently, the case is denied and referred to the Immigration Court.  Other times, the consultant just takes the money and runs. 

The ABA (American Bar Association) has created a program called Fight Notario Fraud to help report and crack down on consultant fraud.   From the ABA website:

Unscrupulous “notarios” or “immigration consultants” have become an increasingly serious problem in immigrant communities throughout the United States. Often using false advertising and fraudulent contracts, notarios hold themselves out as qualified to help immigrants obtain lawful status, or perform legal functions such as drafting wills or other legal documents. Unethical Notarios may charge a lot of money for help that they never provide. Often, victims permanently lose opportunities to pursue immigration relief because a notario has damaged their case. The [American Bar Association] Commission is working to provide immigrant communities with information about this dangerous practice, and to support advocates who represent victims.

Unfortunately, as the ABA notes, consultant “fraud is usually identified after the fact, when an immigrant has already suffered an adverse event as the result of a consultant’s services.”  If you have been a victim of consultant fraud, you can report the fraud to the ABA, and they may be able to assit you.  Submit your contact information and a description of the problem here.

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