By Ji Hyun Lim
AsianWeek Staff Writer
A newly formed L.A.-based Immigration Consultant Task Force, along with the Korean American Bar Association (KABA), announced that grants of $2,000 they would make available, to tackle the unscrupulous practices of fraudulent immigration consultants. This&Mac253;task force was armed with solid legislation by the passage of SB 1194 and subsequent bill SB 1459 both co-authored by Senator Gloria Romero, D-Los Angeles which prohibits the unauthorized practice of law and make it punishable by up to one year in jail.
Currently, Attorney General Bill Lockyer is working on three immigration cases and hopes that this seed money will provide an incentive for organizations such as the Asian Pacific American Legal Center and the Legal Aid Foundation to pursue legal action against fraudulent immigration consultants who are said to be rampant in California.
According to Jay Chung, president of KABA, many immigration consultants take advantage of monolingual clients who are desperate to receive citizenship in America. These businesses often advertise themselves in the newspaper and yellow pages as lawyers and guarantee status to their clients for a fee.
Theyre not lawyers, Chung points out. [They] have conducted scams by asking for a lot of money in order to get [clients] immigration statuses changed. Many, many businesses have promised things they cant possibly keep.
Oftentimes, these businesses do more harm than good. Clients papers may be misfiled or filled incorrectly, forcing clients into greater bureaucratic mess. Such companies may also fail to follow through on document procedures, leaving clients vulnerable to deportation.
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Consultants make promises they cant keep, such as guaranteeing citizenship
Consultants advertise as a law firm, but no practicing lawyers are present
Lawyers have no bar number listed in the state bar, or number is no longer active
Consultants demand money upfront for citizenship, without giving an estimated date of delivery.
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Sen. Romero is attempting to crack down on these fraudulent businesses with legislative strongholds. The bills prevent a person who is not a member of the state bar from practicing in the state and provide strict penalties for breaking these laws. SB 1194, passed in January 2000, and became effective this past January, while SB 1459 will take effect next January.
ñaid Romero: Many of these victims are immigrants, seeking to fulfill the American Dream by becoming citizens; they save their hard-earned cash just to obtain legal consultation to ensure that the process is done diligently and correctly.
&Mac253;hung points out that there are legitimate means for people to receive services regarding citizenship. They can seek out qualified legal advice from an immigration attorney or a properly bonded immigration consultant. A bonded consultant can be verified by the states Trademarks and Special Filings Agency on the secretary of states website.
Chung points out that with the grant money, lawyers can actively pursue legal action against these firms. If the lawsuit goes through, they can recover the fees from winning the case.
Advised Chung, Clients need to understand that nothing is guaranteed in the INS process. [A guarantee] may sound good, but its a sure sign that its a scam.
To report fraudulent immigration consultants, contact the Asian Pacific American Legal Center at 213-977-7500 or the Legal Aid Foundation at 323-801-7976.
Reach Ji Hyun Lim at jlim@asianweek.com.
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