Immigrants & Immigration
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It’s important to be careful about immigration fraud . People who are not allowed to give legal advice may try to get people to pay them to help. This could result in people losing a lot of money and severely harm their immigration case
Who can answer immigration legal questions?
Only attorneys and Department of Justice (DOJ) accredited representatives can give people legal advice. DOJ representatives can only give legal advice on immigration law, no other kind of law.
A lawyer must have a valid license for the state they are working in. For Illinois lawyers, people can look up their license information. A DOJ representative must work for a non-profit organization that is approved by the DOJ. Their name and organization should appear on the DOJ list of approved organizations and representatives.
Lawyers and DOJ representatives can:
- Give you legal advice,
- Tell you which forms are needed for your case and fill them out,
- Advise you on which immigration category to apply for, and
- Prepare, file, and serve legal papers, documents or pleadings
If a person is not an attorney, or a DOJ representative, they cannot give you legal advice.
What is a public notary in the US?
In many other countries, a notary (notario in Spanish) has legal training. In the US, notaries do not have legal training and cannot give legal advice.
Most notaries in the US can:
- Witness a signature,
- Administer an Oath or Affirmation, and
- Verify an Oath or Affirmation.
Public notaries in the US cannot represent someone in their immigration cases. They cannot provide legal advice like telling people what they should do, what papers to file, and how to answer questions. It is called "notario fraud" when a US notary lies and says they can help with an immigration case.
What is an “Immigration Service Provider”?
An Immigration Service Provider can help people navigate the immigration process. They must be registered with the Illinois Attorney General’s office. Most Immigration Service Providers are not lawyers. They cannot give legal advice or represent a person in their immigration case.
What can an Immigration Service Provider do?
An Immigration Service Provider can:
- Help prepare immigration legal documents,
- Serve legal papers on other parties, and
- Give people a list of forms and legal documents.
A provider cannot tell people what specific forms they need for their case. They cannot tell people how to fill out immigration forms, or what to put in blanks on the forms. These two things are giving legal advice. They can only fill in forms with information given by the person looking for help.
An Immigration Service Provider charges a fee for their services. These fees must be clearly displayed on a sign in English and the languages in which the office provides assistance. The sign must also explain that the provider is not a lawyer and cannot give legal advice.
For more information, visit Immigration Service Providers or Frequently Asked Questions About Immigration Services.
What should someone look for to avoid immigration or notario fraud?
People should watch out for these red flags:
- Promises to get green cards, work visas, or other benefits when a person are not eligible,
- High fees, and
- Frequent interview cancellations.
When meeting an attorney for the first time, ask to see their current licenses. Also ask about their experience with immigration issues. If they are an Illinois lawyer, look up their license information. If they are a DOJ representative, look for them on the DOJ list of approved representatives.
Some steps people can take to protect themselves against dishonest Immigration Service Providers include:
- Discuss prices before you agree to any services,
- Have a written contract in both English and their native language, and
- Get a signed receipt after they make any payment.
For more information, visit Avoiding Dishonest Immigration Service Providers.
How can someone report immigration fraud?
They can report immigration or notario fraud to the Attorney General of Illinois. They can submit an online Consumer Fraud complaint, or call their office at (800) 386-5438. People can call the Attorney General’s office to report in Spanish by dialing (866) 310-8398.
People can register a confidential immigration scam complaint with Cook County State’s Attorney by calling (312) 603-8678. In Chicago, people can dial 311 to report fraud to the Department of Consumer Services. People can also submit a complaint online by clicking “Service Request” and then “Consumer and Employee Protection”.
The National Immigrant Justice Center has more information about avoiding immigration fraud.
