NEWARK
– The Office of the Attorney General
and State Division of Consumer Affairs today
filed complaints against three companies
that falsely advertised they were authorized
to prepare immigration documents on behalf
of clients. Only attorneys, or certain other
accredited representatives authorized by
the Federal government, may file legal documents
such as immigration forms on a client’s
behalf.
Additionally,
the State alleges that one of the companies
filed immigration forms on behalf of a naturalized
US citizen, whose daughters later were threatened
with deportation because the documents were
insufficient and filed incorrectly.
“The
victims in these cases are legal immigrants
seeking to extend their visas or apply for
citizenship, as so many millions have done
since the founding of our nation,”
Attorney General Paula T. Dow said. “Unfortunately,
scammers see those with limited English
proficiency or a limited awareness of American
law as easy prey. They falsely claim to
be attorneys, or pretend they are authorized
to file immigration documents on behalf
of a client. As a result, legal immigrants
lose money or even find themselves facing
deportation due to documents filed fraudulently
or not filed at all.”
The
complaints were announced today as part
of “Combating Immigration Services
Scams,” a nationwide initiative in
which the Office of the Attorney General
and State Division of Consumer Affairs have
joined with the Federal Trade Commission,
the US Department of Justice’s Civil
Division and Executive Office for Immigration
Review (EOIR), US Citizenship and Immigration
Services (USCIS), US Immigration and Customs
Enforcement (ICE), several state Attorneys
General, and a number of city and county
law enforcement authorities. The initiative
was announced today in Washington, DC and
at regional centers across the country.
Nationwide, the initiative includes lawsuits
and local administrative actions against
immigration service providers, as well as
new consumer education efforts in multiple
languages, and increased cooperation among
enforcement partners.
“We’re
taking a stand against unscrupulous businesses
who seek to exploit the confusion many legal
immigrants have over certain cultural and
linguistic differences, such as the definition
of a notary public versus the definition
of a lawyer,” Thomas R. Calcagni,
Acting Director of the State Division of
Consumer Affairs, said. “Unscrupulous
immigration service providers falsely claim
they are authorized to file immigration
documents or provide other legal services.
Their victims pay for what they think are
honest services, and end up getting ripped
off, losing precious savings and valuable
documents such as birth certificates or
passports, or even facing deportation due
to the filing of incomplete or fraudulent
paperwork.”
The
Division of Consumer Affairs filed complaints
today against the following immigration
services providers: Lili Pablo Agents, LLC,
of Elizabeth; RMS Services, Inc., of Elizabeth;
and RC Travel, LLC, of Newark.
The
matter against RMS Services, Inc., began
with a complaint that a consumer filed against
the company with the Division of Consumer
Affairs on March 14, 2011. The consumer,
a naturalized citizen of the United States
who was born in Colombia, sought in May
2009 to file Petitions to Remove Conditions
of Residence for her two daughters, then
ages 14 and 19.
The
State’s complaint alleges that Ana
Burgos, who worked at RMS and held a commission
as a notary public, allegedly told the consumer
she could help with the preparation and
filing of the necessary documents, even
though she was not an attorney. Burgos allegedly
accepted $450 and filed the documents.
However,
because the documents prepared by Burgos
were allegedly insufficient, the daughters’
rights to live and work in the United States
were in danger of being revoked by US Citizenship
and Immigration Services. The mother then
retained a legitimate attorney, and paid
$500 in attorney’s fees and a filing
fee of $545, to resolve the matter.
The
complaints against Lili Pablo Agents, LLC,
and RC Travel, LLC, resulted from undercover
investigations by the Division of Consumer
Affairs. The State alleges that both companies
violated New Jersey’s Consumer Fraud
Act and Advertising Regulations, by offering
to prepare immigration forms, despite not
being authorized to do so.
In
addition to its enforcement action, the
Division of Consumer Affairs this summer
will conduct an awareness campaign for the
benefit of New Jersey’s immigrant
families. Division of Consumer Affairs personnel
will hold public education meetings with
community-based groups, work with ethnic
media, and place information on the Division’s
website in English, Spanish, and Mandarin.
The
Division has developed flyers on “Combating
Immigration Services Scams” and placed
them on the Division’s website, in
English at:
The
flyers explain that:
-
Only attorneys and certain other accredited
representatives authorized by US Citizenship
and Immigration Services, are authorized
to prepare legal documents such as immigration
forms, give advice on legal matters, or
represent clients in a legal proceeding.
Consumers seeking to learn whether an
individual or organization is authorized
to perform these services can visit or
call USCIS at 800-375-5283.
www.USCIS.gov/immigrationpractice
-
Scammers who pretend they are authorized
to file immigration forms, often leave
their victims facing financial losses,
possible deportation, and the loss of
irreplaceable documents such as birth
certificates or passports.
-
Dishonest businesses often use advertisements
designed to take advantage of cultural
and linguistic misunderstandings. The
term “notario publico,” or
“notary public,” has been
used to deceptively represent that a person
is licensed to provide legal services,
because the term has a very different
meaning in some Latin American countries
than it does in the United States.
-
Anyone who solicits business by falsely
claiming to be an attorney is committing
a violation of the Consumer Fraud Act
and is subject to a civil penalty of $10,000;
and anyone who knowingly engages in the
unauthorized practice of law is committing
a fourth degree crime and/or disorderly
persons offense.
-
Legal immigrants and legal residents can
reach out to the US Citizenship and Immigration
Services for assistance with immigration
papers. Those seeking legitimate immigration
services can find educational materials
at the FTC’s website.
Consumers
who believe they have been cheated or scammed
by a business, or suspect any other form
of consumer abuse, can file a complaint
with the State Division of Consumer Affairs
by visiting its website, www.NJConsumerAffairs.gov,
or by calling 1-800-242-5846
(toll free within New Jersey) or 973-504-6200.
Deputy
Attorney General Alina Wells of the Consumer
Fraud Prosecution Section represented the
Division of Consumer Affairs in this matter.
Investigator Oscar Mejia of the Division’s
Office of Consumer Protection conducted
the investigation.
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