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NEWARK
– Attorney General Paula T. Dow and
the State Division of Consumer Affairs have
filed complaints against four allegedly
fraudulent immigration services providers.
The businesses are accused of falsely advertising
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. The four
businesses, in Passaic and Hudson counties,
allegedly employed individuals who were
not attorneys to perform this type of legal
work.
The
individuals who worked for the four businesses
were, or claimed to be, notaries public.
Each of the businesses is accused of attempting
to capitalize on confusion about the powers
of a notary public in the United States.
In certain Latin American countries, “notarios
publicos” may act as attorneys, prepare
legal documents on behalf of clients, and
provide legal advice. The U.S. Citizenship
and Immigration Service (USCIS) specifically
warns immigrants that notaries public, “immigration
consultants,” or other such businesses
cannot provide immigration legal advice
or prepare legal documents on behalf of
clients – although many claim the
authority to do so.
“Businesses
that seek to exploit their affinity to immigrant
groups, and those that deliberately capitalize
on confusion as to what a notary public
can do in this country, too often victimize
legal immigrants who are seeking to extend
their visas or attain permanent residency,”
said Dow. “Notaries public in New
Jersey are fully informed of what they can
and cannot legally do. Some may exploit
the ignorance of others, but they cannot
plead ignorance about their own actions.”
The
complaints announced today follow those
filed June 9 against businesses who are
also accused of falsely representing that
they were authorized to prepare immigration
documents on behalf of clients (press release:
www.njconsumeraffairs.com/press/immigrationsrv.htm
). The Division of Consumer Affairs announced
those complaints as part of “Combating
Immigration Services Scams,” a partnership
with the Federal Trade Commission, US Department
of Justice, USCIS, and other agencies.
The
following four businesses are each accused
of violating New Jersey’s Consumer
Fraud Act and Advertising Regulations by
misleading consumers into believing they
were authorized to provide immigration legal
advice, and to prepare and file legal documents
with USCIS, when they were not authorized
to do so; and charging hundreds of dollars
for the preparation of USCIS legal documents,
when not legally permitted to charge such
fees:
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Beltra’s Agency,
of Clifton, and its owners Beltra Gomez,
Hector Gomez. Jr., and Henry Gomez;
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Corazon Travel Agency,
t/a Corazon Agency, of Paterson, and its
owner, Rafael Garcia;
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Helping Honduras, Inc.,
d/b/a/ Helping the Immigrant Community,
of Union City, and its corporate secretary
and program director, Blanca Hilda Cardenas;
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Kingdom Vision Service Corporation
d/b/a Kingdom Vision Multiservice, of
West New York, and its president, Denise
Perez.
Each
of the four businesses allegedly placed
Spanish-language advertisements in newspapers,
offering immigration services, or offering
help with “naturalization.”
The advertisements ran in Spanish-language
publications including the New Jersey based
Cambio and El Especialito. In the cases
of Beltra’s Agency and Corazon Travel,
anonymous sources clipped out the newspaper
ads and mailed them to a Division of Consumer
Affairs investigator, as a tip about the
company’s alleged fraudulent practices.
“Consumers
in need of immigration assistance should
seek legal advice from legitimate sources
only,” said Thomas R. Calcagni, Director
of the Division of Consumer Affairs. “The
Board of Immigration Appeals maintains a
listing of attorneys who provide immigration
services either for free or for little cost.”
The
USCIS “Find Legal Services”
website, at www.uscis.gov/immigrationpractice,
tells consumers, “You may file USCIS
forms yourself, but many people choose to
have help. You may need help writing in
the answers . . . or translating the documents
into English. You can get this type of limited
help from anyone. This person should only
charge you a small fee and not claim to
have special knowledge of immigration law
and procedure.”
The
website cautions that “Only attorneys
or accredited representatives can: Give
you legal advice about which forms to submit;
explain immigration options you may have;
[or] communicate with USCIS about your case.”
The USCIS website describes “accredited
representatives” as individuals working
for specific non-profit, religious, charitable,
social service, or similar organizations,
approved by the Board of Immigration Appeals.
Such representatives “may only charge
nominal (small) fees, if any, for legal
services.”
The
USCIS website further notes that, “‘Notarios,’
notary publics, immigration consultants
and businesses cannot give you immigration
legal advice. In many other countries, the
word ‘notario’ means that the
individual is an attorney, but that is not
true in the United States. If you need help
with immigration issues, be very careful
before paying money to anyone who is neither
an attorney nor a BIA-accredited representative
of a recognized organization.”
Despite
the federal government’s restriction
that non-attorneys and non-authorized agencies
can only provide “limited” help
for “a small fee,” and that
even accredited representatives can only
charge small fees for the legal services
they provide, the State alleges that Corazon
Travel Agency, Kingdom Vision Service Corporation,
and Helping Honduras, Inc., all quoted prices
between $400 and $2,900 for preparing legal
immigration documents, to an undercover
Consumer Affairs investigator.
In
addition to its enforcement action, the
Division of Consumer Affairs is educating
the public, and New Jersey’s immigrant
families, about immigration services scams.
The Division has added a component on this
topic to its consumer education materials
and outreach events, including the FedUp
(Fraud Education and Prevention) seminars
that have reached more than 1,000 New Jersey
senior citizens since January.
Additionally,
the Division has developed and disseminates
educational materials on “Combating
Immigration Services Scams,” available
in English at www.NJConsumerAffairs.gov/press/ImmigrationScams.pdf
and in Spanish at www.NJConsumerAffairs.gov/press/ImmigrationScamsSP.pdf.
The
flyers explain that:
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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 www.USCIS.gov/immigrationpractice
or call USCIS at 800-375-5283.
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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.
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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.
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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.
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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 www.FTC.gov/immigration.
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 800-242-5846
(toll free within New Jersey) or 973-504-6200.
Follow
the Division of Consumer Affairs on Facebook,
at www.facebook.com/pages/NJ-Division-of-Consumer-Affairs/112957465445651.
Check our online calendar of upcoming Consumer
Outreach events, at www.nj.gov/oag/ca/outreach/.
Deputy
Attorney General Alina Wells, of the Consumer
Fraud Prosecution Section, is representing
the State in this action. Investigator Oscar
Mejia in the Office of Consumer Protection
conducted the investigation.
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