NEVADA HAS TAKEN STEPS TO CUT FR AUD
IMMIGRANTS, FROM PAGE 1:
authorities.
Gomez was sent a notice to appear in court and, after she did not show for the court date, was then sent a notice of deportation, said Lori Haley, spokeswoman for U.S. Immigration and Customs Enforcement. But Gomez’s family said she didn’t find out about the correspondence until nearly 20 years later, when she was arrested March 27 after she walked into the U.S. Citizen and Immigration Services office in Las Vegas to apply for permanent residency. Gomez’s family says she never lived at the address on the application, which they said is currently a doughnut shop in Los Angeles.
The scenario encountered by Gomez is one Las Vegas immigration attorney David Walters said was a common fraud practiced by unethical notarios on their undocumented clients.
The scheme works like this, Walters said: Notarios who promise work authorizations for their clients file an asylum application for them and then apply for a work authorization.
The notario lists his or her own address as the undocumented immigrant’s address, so notice of the interview for the authorization comes to the notario. The immigrant is usually unaware an asylum application was filed and the notario does not inform the immigrant of the interview.
When the immigrant fails to appear at the interview, the asylum application is denied and referred to an immigration judge, Walters said. That notice is also sent to the notario’s address. When the immigrant also fails to appear at the hearing, he or she is ordered deported in absentia.
The result of poor communication, not knowing how to fill out and file immigration documents, or straight-up scamming are among the many ways unlicensed notarios endanger immigrants, Haley said. By applying for residency, even if the process is failed and an immigrant doesn’t meet U.S. qualifications, his or her name is officially on record with federal authorities.
That creates an even bigger problem for those here illegally, as that record makes it easier for U.S. immigration officials to track undocumented immigrants — and later to prosecute or deport them, Haley said.
In Latin American countries, a “notario publico” is a college-educated legal professional, qualified to practice law at the same level as a licensed attorney in the United States. It’s a big difference from a notary public, which almost anyone can become in the United States.
For many undocumented immigrants living here, that difference and cultural confusion makes them especially vulnerable targets, said Irene Jimenezmuir, compliance investigator with the Nevada secretary of state’s office.
“It’s clearly unlawful,” Jimenez-muir said. “But you still see a lot of it going on.”
Jimenez-muir is Nevada’s only state investigator of notarios. She said while legislation in both Nevada and other states has passed to curb notario fraud, the growing number of immigrants to the U.S. has kept the practice alive and well.
The scam is so well-established in Texas that state law there prohibits companies from advertising a literal translation of “notary public” in Spanish. In Nevada, Assembly Bill 74, passed into law by the 2013 Legislature
Never pay a fee for an expedited application. Attorneys do not have the ability to expedite an application.
Do not listen to guarantees that you will get approved for specific benefits. If an attorney makes such a guarantee, do not hire that person.
Only attorneys or Board of Immigration Appeals-accredited representatives can legally advise on the correct residency or citizenship status forms to submit.
Only you, an attorney, or a Immigration Appeals-accredited representative can represent you before USCIS and inquire about the status of your petition. Unlicensed notarios cannot represent clients before USCIS.
An immigration service provider, such as notario, who does not employ attorneys is not allowed to give legal advice or instruct clients on how to fill out immigration applications.
Before signing off on any immigration form, make sure you understand it to be accurate. If you do not understand a form, do not sign it. Anything signed that is not accurate can be labeled fraudulent by USCIS.
An immigration service provider must do the following: give you a contract (which may be canceled at any time) written in English and in a language you understand describing the services they will provide and the fees they will charge, post signs clearly indicating they are not attorneys and cannot give you legal advice, give you a copy of any documents filed with the government, return any original documents belonging to you, and give you a copy of your file on demand without a fee.
Pay for immigration services with a money order, check or credit card to establish a paper trail between you and your attorney or immigration service provider. Do not pay with cash.
Just because someone may be of the same ethnicity or share a common language, does not mean they have your best interest at heart. Fraudsters exploit the trust and friendship that can be developed in groups of people who have something in common.
Legal Aid of Southern Nevada, 725 E. Charleston Blvd., offers classes to help undocumented residents understand the paths to legal immigration. They help explain family petitions, VAWA petitions, U-visas, T-visas, asylum and DACA.
Classes in English are at 9:30 a.m. April 20, May 4, May 18 and June 1. In Spanish, classes are at 9:30 a.m. April 13, April, 27, May 11 and May 25.
•••
The UNLV Law Immigration Clinic provides free legal services. It can be reached at 702-895-2080.
•••
The Citizenship Project by the Culinary Union has helped more than 16,000 Nevadans become citizens by providing free services to union members and their families. It is located inside Nevada Partners at 710 W. Lake Mead Blvd., and is open 9 a.m.-5 p.m. Monday through Friday.
From 4:30 p.m.-7:30 p.m. on Monday through Thursday, it offers citizenship exam preparation courses.
Contact the union at 702-868-6002
•••
American Civil Liberties Union has published resources in the event an undocumented immigrant is stopped by police or other officials. It is in English and Spanish. Go to https://bit.ly/1yx0au0.
and first enacted in January 2014, required all notaries to register with the state and undergo background checks. It aimed to cut down on the corruption of such fraud, said then-assemblyman Wes Duncan, R-las Vegas.
But Assemblyman Edgar Flores, D-las Vegas, said in last year’s legislative session that plenty of notario “garbage” was still operating in Southern Nevada communities. Flores’ 2017 bill to increase notario fraud from a misdemeanor to a Class-d felony was passed into law last legislative session.
Only licensed attorneys and people accredited by the U.S. Board of Immigration Appeals can legally offer immigration assistance, Flores said.
On March 6, the Nevada attorney general’s office issued a statement warning the public about notario scams, which continue
to “take advantage of unsuspecting victims.” Jimenez-muir said her office was investigating more than 100 cases alleging such fraud.
UNLV’S Kagan said a lack of affordable resources for immigrants trying to play by the rules makes them feel they have no other option than to employ notarios. Such a system makes the valley “ripe” for notarios, he said. He recommended, when possible, working with a licensed attorney.
“It can be hard and stressful and mean spending a little bit of money,” Kagan said. “But it may save your family from being broken apart.”