Delia de la Garza's Legal Blog

Recently, there was an attorney in Houston indicted on immigration fraud charges for allegedly assisting Chinese immigrants with filing false asylum claims.  Unfortunately, many people, whether attorneys or not, have found it easy to prey on the immigrant community.  Often times they promise more than can be delivered, and even worse they charge very unreasonable rates for their services. Even the Attorney General of Texas has tried to crack down on people offering immigration services.  Notarios or immigration consultants are practicing immigration law without a license and should be avoided.  These people often claim special knowledge of a secret law or claim to know someone on the inside.  Walk away!  It is alleged that the particular attorney who was recently indicted, provided her clients with written statements about religious persecution and instructed them to copy it in their own handwriting, according to the U.S. Attorney’s office.  Obviously, if this is true, this would have been a red flag to many U.S. citizens, but to desperate immigrants who are not knowledgeable of the immigration laws of the United States, this may have seemed ok.  They should have never signed their asylum applications if it contained false information.  In fact, the asylum application contains a very clear warning:

 “I swear (affirm) that I know the contents of this application that I am signing, including the attached documents and supplements, that they are all true or not all true to the best of my knowledge and that correction(s) numbered to were made by me or at my request. Furthermore, I am aware that if I am determined to have knowingly made a frivolous application for asylum I will be permanently ineligible for any benefits under the Immigration and Nationality Act and that I may not avoid a frivolous finding simply because someone advised me to provide false information in my asylum application.”Because of this attorney’s alleged advice, these Chinese nationals could be barred from ever obtaining any immigration benefits in the United States.  This is why it is so important to consult with a licensed attorney regarding your immigration case.  If you are hiring an attorney, demand a written contract; require them to keep you abreast of your case; require a copy of everything submitted on your behalf and require an accounting of all costs on your case.