Immigration Services Fraud

Some immigrants may qualify for free immigration legal assistance. To find free or low-cost immigration legal services, you can: 

• Contact the Los Angeles County Office of Immigrant Affairs for information about free legal services available through the County’s Mobile Immigration Services Program and RepresentLA programs, or for referrals to other local authorized legal service providers. 

• Search the State Bar of California directory of Legal Aid Providers for Immigrants. 

• Search the California Department of Social Services directory of state-funded immigration legal service providers. 

• Search ImmigrationLawHelp.org for authorized nonprofit immigration legal service providers near you.
• If you are not eligible for free legal services or choose to hire a private attorney, the State Bar of California offers Certified Lawyer Referral Services that can help connect you with licensed immigration attorneys, including the Los Angeles County Bar Association’s SmartLaw Lawyer Referral Service. 

Immigration law can be complicated, so hiring an attorney who specializes in immigration law can be important. Before you hire an attorney, confirm that they are licensed to practice law in California. If you have concerns about the attorney or the advice you receive, consider getting a second opinion before paying for any services or submitting an immigration application.

An accredited representative is a non-attorney who has shown the U.S. Department of Justice that they have enough education and experience in immigration law to provide immigration legal services. Accredited representatives can only charge small fees for their services and they must work for a nonprofit organization that has been recognized by the Department of Justice. An accredited representative is not allowed to run a  private business that charges fees for immigration services. If they leave the recognized nonprofit organization, they lose their accreditation. 

Accredited representatives can represent immigrants in asylum, adjustment of status, and other matters before U.S. Citizenship and Immigration Services (USCIS). If they gain enough training and experience, accredited representatives may also represent immigrants in immigration court and before the Board of Immigration Appeals. The Office of Legal Access Programs in the Department of Justice regularly updates a complete list of accredited representatives. 

An immigration consultant is a non‑legal service provider who may charge fees for very basic, non‑legal immigration services if they follow California’s registration and other requirements. Immigration consultants are not legal professionals, and because their services are very limited, they are not required to have training or to prove that they can speak, read, or write in English.

Immigration Consultants may provide the following services: 

• Translate documents 
• Help you obtain documents that you choose to include with your case such as a birth certificate, they cannot advise you on which documents to include.
• Fill out immigration forms that you choose, without telling you how to answer questions 
• Refer you to an attorney (they cannot charge you a fee for a referral) 

To provide these very limited services, immigration consultants in California must: 

• Show proof that they have filed a $100,000 bond with the California Secretary of State before offering you services. Bond verification is available on the Secretary of State’s website. 
• Display clear signs in their office showing the immigration consultant’s name, bond number, the services offered, a list of fees, AND a statement that they are not an attorney. 
• Give you a written contract in English AND in your native language that includes the services to be provided and the cost of each service. The contract must include your right to cancel within 72 hours for a full refund of any fees paid to the consultant. 
• Give you typed or computer-printed receipt showing the amount paid, date of payment, services provided, and the immigration consultant’s signature. 

Immigration consultants are not allowed to: 

• Select immigration forms for you. 
• Answer questions about your eligibility for an immigration benefit, how to answer question on immigration forms, what evidence to include, your chances of success, or your risks of applying. 
• Keep your original documents. 
• Charge upfront for services that will be provided later. 
• Guarantee or promise a result. 
• Represent you at any interview with U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE) or in immigration court. 

Some people believe immigration consultants offer a lower-cost alternative to attorneys. Unfortunately, some consultants take advantage of this belief and charge thousands of dollars for services they are not allowed to provide. Even well-intended individuals can do permanent harm by giving the wrong advice.  Immigrants often end up paying more money later to fix mistakes – if those mistakes can be fixed at all. That is why OIA recommends that consumers seek immigration help only from a licensed attorney or an accredited representative.

In some foreign countries, a “notario” has the authority to provide legal advice and services. In the United States, a notary public is only a witness to official signatures. Becoming a notary public in California is a simple process that requires a one-hour exam, and exam prep courses generally last just a few hours in a single session. There is absolutely no immigration training or expertise required to become a notary public. A notary public cannot practice law or provide legal advice related to immigration. People who advertise as a “notario público” and provide immigration services often take advantage of immigrants who believe that notaries in the United States are legal professionals.

California law regulates all non-attorneys who provide immigration services. Unless an individual follows California’s rules, they are not allowed to provide any immigration services for a fee. This includes tax preparers, “notarios”, and other non-attorneys who provide immigration services (except federally accredited representatives). However, following California’s rules does not mean an immigration consultant is an immigration expert. Immigration consultants are still not allowed to give legal advice, including answering the basic questions described above.

If an attorney claims to be licensed in California, you may ask to see their license and check the State Bar of California website. Because immigration law is federal, attorneys who are licensed in other states are allowed to practice in California. However, California law requires out-of-state attorneys to list their state bar admission on their business cards and advertisements. If you have trouble verifying whether an attorney is licensed in another state, you may contact the Office of Immigration Affairs for assistance.