what to do if my lawyer obtained immigration papers for me with a false report

by Sigurd Balistreri I 5 min read

To file a complaint against a lawyer licensed in California, go to the State Bar website o r call 800-843-9053. You can also complain to the Executive Office for Immigration Review for the U.S. Department of Justice, which handles complaints against immigration attorneys who are licensed in any state. Call 703-305-0470 to get a complaint form.

Full Answer

How do I report a violation of immigration law?

Report Immigration or Customs Violations. Suspected immigration or customs violations should be reported directly to Immigration and Customs Enforcement (ICE). Below is general and specific contact information for ICE. Immigration and Customs Enforcement (ICE) Phone: 1-866-347-2423 (1-866-DHS-2-ICE) Online: HSI Tip Form.

Did your attorney make a mistake during your immigration case?

If you received a denial of your immigration case, appeal, motion, or application from the U.S. government, your attorney might seem like the natural person to blame. But don't be too quick to assume that your attorney made mistakes just because you did not receive the benefit you hoped for and requested.

What happens if you give false information on a visa application?

Do Not Sell My Personal Information Any time someone submits a U.S. visa or green card application that contains false information, it is considered a fraud against the U.S. government. The result is that the person could face a substantial delay or denial of the visa and quite possibly the denial of subsequent immigration applications.

What should I do if my immigration attorney denies me benefits?

If you suspect that that your attorney provided you with ineffective assistance that led to the denial of a benefit you otherwise would have qualified for, you should talk to an experienced immigration attorney as soon as possible. Do not attempt to fix what your former attorney did wrong on your own.

What happens when a lawyer makes a mistake?

There are other options if you don't want to sue your former attorney for a mistake they made. You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions.

What are the consequences of lying to immigration?

Lying to an immigration officer can have extreme consequences including permanent inadmissibility, deportability, and not being allowed to apply for U.S. citizenship. Any person seeking a benefit under U.S. immigration law—a visa, permanent residency (a "green card"), or citizenship—must submit a written application.

What happens when immigration lawyer is not helping?

In Cases of Ineffective Assistance of Counsel, Seek a New Attorney Right Away. If you suspect that that your attorney provided you with ineffective assistance that led to the denial of a benefit you otherwise would have qualified for, you should talk to an experienced immigration attorney as soon as possible.

How can you tell a fake immigration lawyer?

How To Tell If An Immigration Representative Is FAKEFake LMIAs and Fake Work Permits sold to applicants for $100s or even $1000s of dollars.Applicants providing documents which were lost or destroyed.Applicants paying for representation, but who were unable to contact their “representative” again.More items...•

What is material misrepresentation immigration?

A false representation only renders a person inadmissible if it is material. A “material” misrepresentation is a false representation concerning a fact that is relevant to the person's eligibility for an immigration benefit.

Can immigration listen to your phone?

USCIS does not do it. an FBI might do it.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What are the three kinds of frauds that occur most frequently in immigration applications?

There are many types of immigration fraud....Common types of immigration fraudLying or providing false information on an application: misrepresentation. ... Fraud committed by immigration professionals – counselling misrepresentation. ... Citizenship and Visa fraud. ... Marriage fraud.

Does USCIS investigate tips?

Furthermore, USCIS requires you to provide certain information about the subject of the tip to verify the identity of the subject and allow USCIS to research and determine whether the tip is actionable.

How can you tell a fake immigration consultant?

One of the most effective ways to find out whether an immigration consultant is genuine or not is to check whether they have registered with the ICCRC. You may enter the RCIC's name, registration number or the company name into the ICCRC website and find out whether they have an immigration professional page on it.

How to Report Immigration Scams

Report the scam to your state consumer protection office. See the table below for state-specific information.

Scam Websites and Social Media Accounts

Some websites and social media accounts claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. To report a website or social media account that claims to be affiliated with USCIS, send an email to uscis.webmaster@uscis.dhs.gov.

Where to Report Immigration Scams by State

Disclaimer: USCIS collected state and territory information from the official government websites of all 50 U.S. states, the District of Columbia, and U.S. territories. Although we attempted to verify the information contained in these listings, we cannot guarantee the accuracy of all phone numbers, web addresses, and other information.

How to complain about immigration consultants in California?

To complain against an immigration consultant, contact the California Office of the Attorney General by calling: California Department of Justice. Office of Immigrant Assistance. 888-587-0557.

What happens if an immigration consultant takes your money?

If it was an immigration consultant that took your money, he or she may even have to pay a fine.

How to file a complaint against a lawyer in California?

Here’s are some ways to file a complaint: To file a complaint against a lawyer licensed in California, go to the State Bar website o r call 800-843-9053.

Do immigration attorneys have to give back money?

Under the current laws: Immigration attorneys must account for any money they have already accepted from you for immigration reform services. They also must either give you back the money or set it aside in an account for safekeeping.

Can an immigration consultant be a notario?

Immigration consultants who are not also attorneys cannot call themselves “ notarios.”. This title is confusing because in some Latin American countries, the law allows notarios to do legal work only an attorney can do in the U.S. To find out more, see our story about immigration consultants.

Why is it important to have an immigration paperwork?

What’s more, immigration paperwork can be necessary to gain access to many government benefits, secure housing, obtaining driving privileges, just to name a few.

What documents do foreign nationals need to prove their identity?

To verify identity and prove employment authorization, foreign nationals may use a variety of documents. Employees can show a List A Document that proves identity and employment authorization. Alternatively, employees can show a List B Document to prove identity and a List C Document to prove employment authorization.

What is the Immigration Reform and Control Act?

In 1986, Congress enacted the Immigration Reform and Control Act (IRCA) in an effort to address the problem of people illegally immigrating to the United States and becoming employed by U.S. employers. IRCA requires all employers, regardless of number of employees, to verify the identity ...

What is the IRCA form?

All employers, regardless of size, must complete a Form I-9 upon hiring a new employee to work in the United States. Re-verification of eligibility for employment in ...

How long does it take to get a new green card?

It can take several months to obtain a new green card. When attending the biometrics appointment, USCIS will place a sticker on an existing green card to extend its validity for another year. If you have lost your card, you may request an I-551 stamp in your valid foreign passport.

Can foreigners get health insurance?

Like natural-born U.S. citizens, foreign-born U.S. citizens are also generally eligible for health insurance through the Affordable Care Act (ACA) – also known as Obamacare. However, permanent residents and many other lawfully present immigrants are eligible. To qualify, applicants will be required to provide immigration papers that prove their status.

Do you have to renew an expired immigration document?

However, in virtually all uses, the immigration documents must be valid and unexpired. If you have an expired document, you’ll need to renew or replace it.

What to do if your nonimmigrant visa is denied?

If your nonimmigrant visa application is determined to contain false information and is denied, you will need to submit a new visa application and request a waiver from a U.S. consulate outside the United States. There is no special form to file with the visa application.

What are some examples of false information?

Some examples of false information that can result in visa denial include the following: 1 false personal information 2 failing to reveal past visa refusals 3 lying about past criminal activity or convictions

What does a consular officer decide after an interview?

Instead a consular officer will: after the interview, decide whether a waiver should be granted, based on your explanation and the type of misrepresentation and its seriousness; the reason for your travel to the U.S.; and any effects of your travel, whether positive or negative, on the interests of the U.S. public.

What information can result in a visa being denied?

All of the following types of information are considered "personal," and therefore lying about them could result in a visa being denied: legal name or alias. date of birth. financial information (for example, many visa applications ask you to prove that you'll be able to support yourself in the United States), and.

Can you provide false information on a visa application?

If providing false information on your application was an intentional attempt to hide a particular fact, then you'll need to realize that immigration laws treat false information on a visa application very seriously —and possibly as a crime of moral turpitude.

Can a criminal conviction be used to denial a visa?

If failing to mention a crime is why your visa was denied, you probably feared that your criminal history would result in visa denial; as is indeed possible.

Can you get a waiver if you were convicted of a crime?

permanently. In the event your misrepresenta tion involved the commission of a crime, whether you were actually convicted or not, it is possible you will not even be eligible for the waiver.

How to get a copy of a symlink?

If you have trouble getting your attorney to give you the copies: 1 Call the attorney's office and leave a message requesting a copy of your file. Offer to come pick it up. Make a note of when you made this call. 2 If you do not receive a response within a reasonable time, write a letter asking the attorney to send your file to you within, say, one or two weeks. Save a copy, or better yet, ask for a return receipt when mailing the letter. 3 If this doesn't yield results, contact your state's bar association to file a complaint. Use your letter to show that you made an attempt to retrieve your file.

Do you have to pay a lawyer if you are fired?

You will (unless you're prepared to sue over inadequate representation) have to pay the fired lawyer for any work already done on your case. Look at the contract with your lawyer (if you signed one) to see how refunds are to be made.

Does a lawyer's termination affect the USCIS?

Firing your lawyer will not affect the progress of your applications with USCIS, the consulate, or any other government agency handling your case. However, you should send a letter to the last USCIS or consular office you heard from, directing it to send all future correspondence straight to you or to your new lawyer.

How to request immigration records from USCIS?

To request immigration records from USCIS, file Form G-639, Freedom of Information/Privacy Act Request, is used to request an immigration file from USCIS. The application and instructions are available on the USCIS website. Although you may file on your own, many people depend on an attorney or service like CitizenPath to prepare the paperwork.

How to file a FOIA?

An individual may file a FOIA request to: 1 Request his or her own immigration records 2 Request immigration records of another person (with that person’s consent) 3 Correct or amend these records

What is a FOIA request?

An individual may file a FOIA request to: Request his or her own immigration records.

How long does it take to get a FOIA form G-639?

Simple requests for specific documents make only take four to eight weeks. However, more complex requests and requests for entire immigration files can take approximately six months. For this reason, limit your request to what you need.

Why not file a G-639?

Incorrect Uses of Form G-639. You should not file Form G-639 for any of the following reasons: To determine the status of a pending application. Instead, call the USCIS National Customer Service Center at 1-800-375-5283. For consular notification of a visa petition approval.

What is an alien file?

An alien file, commonly known as an A-file, is the collection of documents that the Department of Homeland Security (DHS) maintains for non-citizens. It typically contains all of the official files related to immigration status, citizenship, or relief, and includes both documents submitted by the non-citizen as well as any investigations, ...

How much does it cost to file a G-639?

There is no cost to file Form G-639, Freedom of Information/Privacy Act Request. Although you will consent to paying up to $25 when filing the form, no money is due at the time you file. Further, most searches do not result in a charge to the requester.

What are the consequences of false citizenship?

The term “purpose” includes avoiding negative legal consequences. Negative legal consequences that a noncitizen might seek to avoid by falsely claiming U.S. citizenship include but are not limited to: 1 Removal proceedings; [30] 2 Inspection by immigration officials; [31] and 3 Prohibition on unauthorized employment. [32]

What is the meaning of "or" in the provision for inadmissibility based on false claim to citizenship

The provision for inadmissibility based on false claim to U.S. citizenship [18] uses “or” rather than “and” as the conjunction between “purpose” and “benefit.”. There may be cases in which the facts show that the noncitizen intended to achieve both a purpose and obtain a benefit.

What happens if a non-citizen retracts a statement?

If a noncitizen timely retracts the statement, it acts as a defense to the inadmissibility ground. A USCIS officer would then decide the case as if the fraud or misrepresentation had never happened. In principle, a noncitizen might also timely retract a false claim to U.S. citizenship.

Can a non-citizen claim citizenship?

Therefore, a noncitizen who comes into the United States under a false claim to U.S. citizenship is not only inadmissible for falsely claiming U.S. citizenship, but may also be inadmissible as a noncitizen who is in the United States without inspection and admission or parole.

Is representation before the government necessary?

Representation Before Government Official Not Necessary. Unlike inadmissibility for fraud and misrepresentation, [3] a noncitizen does not have to make the claim of U.S. citizenship to a U.S. government official exercising authority under the immigration and nationality laws.

Can a non-citizen be inadmissible?

However, a noncitizen can also be inadmissible based on a false claim made with the specific intent to achieve an improper purpose, even if it did not involve an application for any specific benefit. Furthermore, U.S. citizenship must affect or matter to the purpose or benefit sought.

How to report marriage fraud to USCIS?

In order to report marriage fraud to the USCIS, the spouse should use their online tip form or call their contact center at 1-800-375-5283 from Monday through Friday, 5 A.M. to 5 P.M. PST. The tip form allows for anonymous reporting of various types of immigration fraud.

How long does a person have to be in jail for marriage fraud?

According to 8 U.S.C. Section 1325, a person convicted of marriage fraud faces imprisonment for up to 5 years as well as a fine of up to $250,000.

What is marriage fraud?

Marriage fraud is an immigration crime in which a foreign citizen marries a U.S. citizen for the primary purposes of entering the U.S. and obtaining a visa (also known as a green card ). Marriage fraud occurs in the following scenarios: