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Hot Topic: Immigration Services Fraud

Our diversity as New Yorkers has been a longstanding source of pride. The Manhattan District Attorney’s Office’s Immigrant Affairs Program is committed to bringing individuals who victimize diverse communities to justice, including those who target and steal from immigrants through a variety of fraudulent schemes. A few recent cases include:

  • In September, a phony lawyer, Jose Barrera, was indicted for defrauding three women seeking divorces by placing ads in local publications, including a Spanish-language newspaper.
  • In August, Jose Delvalle, a former garage attendant, was indicted for defrauding two of his immigrant co-workers. Delvalle promised to help them obtain green cards, falsely claiming that he had a contact who worked for immigration authorities who was capable of helping them. 
  • That same month, Francisco Gautraux Calcano pleaded guilty to Grand Larceny and Scheme to Defraud for stealing funds that were given to him for the transportation of donated utility vehicles to charitable organizations in the Dominican Republic.
  • In June, Hit Shrestha pleaded guilty for defrauding Nepalese nationals of thousands of dollars by falsely promising her victims that she would arrange for their family members to immigrate to the United States, and charging her victims large fees for the service.
  • Also in June, Jennifer Lam was sentenced to nine months in jail after pleading guilty to falsely representing herself as an attorney capable of filing green card applications. She was ordered to return the full amount she stole from a Chinese national.

Our Immigrant Affairs Program provides a safety net for a community whose members may fear cooperating with law enforcement because of their immigration status. We operate a hotline (212-335-3600) that fields complaints from members of the public who believe they may have fallen victim to a crime. The majority of the complaints received by the District Attorney’s Office pertain to individuals who represent themselves as attorneys, immigration consultants, or who provide legal advice when they are not licensed or authorized to do so. Since its formation in 2007, the Immigrant Affairs Program has handled more than 2,500 complaints. Victims who call the District Attorney’s Office can do so regardless of their immigration status, as it is the practice of the Manhattan District Attorney’s Office to protect the integrity of victims and not report their immigration status to the federal government.

The Manhattan DA’s Immigrant Affairs Program routinely gives presentations to community groups and organizations on how to detect, prevent, and report fraud. In July, the Office hosted representatives from the Coalition of Latin American Consuls in New York (CLACNY), an organization comprised of the consuls of 17 Latin American countries. In August, the DA’s Office issued a warning to immigrant communities to be on guard against scam artists looking to take advantage of individuals who are requesting consideration under the federal government’s “Deferred Action for Childhood Arrivals” policy.

Under the federal government’s new policy, certain individuals who entered the United States as children can now apply to remain in and work in the country without fear of removal for at least two years. For more information about the program, visit the U.S. Citizenship and Immigration Services’ website or New York City’s website.

Individuals submitting a Deferred Action application can protect themselves from scam artists with the help of the following tips:

  • Lawyers or those otherwise accredited by the Bureau of Immigration Appeals (BIA) are the only people authorized to provide legal advice and qualified to handle immigration matters.
  • Obtain the full name, address and telephone numbers of the person hired. In cases of fraud, having the person’s full name and contact information will make it easier to locate the accused and to investigate claims of fraud.
  • Ask the following questions: What are your credentials? In what state are you licensed? Since when? How many years of experience do you have in the field? 
  • Confirm that the person is licensed or BIA-accredited.

To confirm whether an individual is a licensed attorney, contact the New York State Unified Court System’s Attorney Registration Unit at 212-428-2800, or go to the following website: http://iapps.courts.state.ny.us/attorney/AttorneySearch
For the BIA’s list of recognized organizations and accredited representatives, go to: www.usdoj.gov/eoir. Select “EOIR Legal Orientation and Pro Bono Program,” and then select “Recognition & Accreditation.”

  • Make sure that all information on the application is true and correct.
  • Do not sign blank documents or paperwork that have not been explained to you.
  • Obtain a written contract detailing the fees and services to be provided.
  • Make sure to get a written receipt for any funds paid. If possible, use money orders, which are a more secure way to pay for services.

People and businesses who are NOT authorized to provide legal advice about immigration include:

  • Immigration Consultants
  • Travel agencies
  • Notary publics
  • Tax preparation businesses