Asian Journal- The Filipino-American Community Newspaper

If you just arrived in the U.S. and you dream of staying here permanently, here are some of the things that you should do and not do:

1.  Before doing anything, consult a reputable immigration attorney, not just a paralegal or an immigration consultant. Paralegals and immigration consultants are not allowed to give legal advice. Beware of attorneys who aid non-attorneys in the unlawful practice of law. If you go to the Law Offices of Pedro Penduko for consultation but the one who talks to you and gives you legal advice is not an attorney but a “paralegal” or non-attorney, you should run out of that office as fast as you can. The attorney is probably involved in a fee-splitting scheme with the “paralegal” or non-attorney, which is prohibited under California laws.
 
Usually, attorneys who participate in fee-splitting arrangements with non-attorneys are the ones who refuse to build their law practice by devoting the time and effort necessary to make it succeed. They just want easy money. They are the ones who most likely have checkered history or bad reputation with the USCIS. If they are not willing to spend precious time and serious efforts to build their law practice ethically, they probably will not devote the time and effort necessary to make your case a success too.
 
2.  In choosing your immigration attorney, make sure you choose the one who cares about you and your case and not just about your money. I have heard a lot of amusing stories from our clients about other attorneys they previously consulted who acted more like salespersons than lawyers during the legal consultation process. They were more interested in having the client sign a retainer agreement and make a down payment right away, than in listening to the client and giving the proper advice after making a sound analysis of the case. In our office, we use the legal consultation process to educate the client about his case. Being immigrants ourselves, we know and understand the struggles that our clients experience as immigrants. Thus, every time we provide a legal consultation, we make sure that by the time the client leaves our office, he really understands everything that he needs and wants to know about his particular case.
 
3.  Beware of scams. There are many types of immigration scams out there. Here are some examples:
 
The H-1B/H-3/EB2 scam – unscrupulous recruitment agencies and even lawyers convince victims, most of them healthcare workers, i.e., registered nurses, physical therapists, etc., that, for a large sum of money, they will find petitioners for them.

The problem with the H-1B petition or the EB2 case, however, is that the job simply does not exist or the actual job is different from the one listed on the form. The unscrupulous recruitment agencies and lawyers who do these things even have the tenacity to claim that they are providing creative solutions to your problem when, in fact, they are actually committing immigration fraud.

For example:

a. Quality assurance officer is listed on the form but once the case gets approved, the beneficiary would actually work as a registered nurse.

b. Senior rehab coordinator is listed on the form but once the case gets approved, the beneficiary would actually work as a physical therapist assistant or aide.

In the case of the H-3 petition, the parties know from the very start that the training does not exist and will never exist. In some cases, the agency or the lawyer even expect the beneficiary to prepare the training manual that must be submitted during the initial filing of the case.

Participating in a scheme to file fraudulent H-1B/H-3 petitions or EB2 case with the government could cause you big problems in the future. In case the fraud gets discovered, you will be barred from obtaining legal permanent residence in the U.S. and even if you already got your greencard at the time they discovered the fraud, bear in mind that the USCIS could still initiate actions to have it revoked.

If you want to know more about this topic, then we invite you to schedule an appointment for your free legal consultation by calling us at (818) 956-8844 [ Glendale ] or at (626) 331-8188 [ Covina ]. You may also visit us at www.palacioslawfirm.com.

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