New York Attorney General Letitia James this week announced a settlement agreement with a fraudulent provider of immigrant assistance services that deceived and threatened multiple clients.
After an investigation by the Prosecutor’s Office (OAG) it was found that Jacquelin Mercado, who provided assistance services for immigrants in Yonkers, fraudulently claimed that she was a licensed attorney in the United States, illegally offered legal advice, intimidated at least a client threatening to report him to immigration authorities and violated New York immigrant protection laws from June 2020 to July 2022.
As a result of the settlement, Mercado will pay nearly $10,000 in restitution to four different clients in Westchester and New York City, stop all false advertising of its services, and fully comply with the law.
“New Americans starting their lives in this country need help navigating our immigration system. Jacqueline Mercado took advantage of that fact and used her position to intimidate and defraud immigrants who depended on her for assistance and support. All New Yorkers, especially the most vulnerable, deserve to be treated with dignity and respect and must be sure that the services they pay for are legitimate.” Attorney General James said in a statement.
illegal advice
Mercado fraudulently posed as an attorney and used the title “attorney” even though she was not licensed to practice law in the United States. Mercado also illegally offered legal advice, which could endanger her clients. The Attorney General’s investigation also found that she had threatened to report at least one client to immigration authorities and threatened to undermine her efforts to secure legal immigration status.
As a result of the settlement, Mercado must immediately stop all false advertising, explicitly state in any advertisement that she is not a licensed attorney, and pay restitution to four different clients totaling $9,946.48.
In addition, Mercado must fully comply with all laws governing immigrant assistance service providers, including posting necessary information to inform clients of their rights, updating their contracts to include language informing clients that she is not an attorney and cannot offer legal advice, and obtain the financial assurance necessary to ensure that clients seeking refunds or compensation for damages will be paid.
they are not lawyers
Immigration assistance service providers can help their clients by translating documents and providing other support with forms and applications. However, they are not lawyers and cannot provide legal advice or representation. New York law requires providers to follow certain rules, including posting that they are not attorneys, to protect immigrants from scams and fraud.
“New immigrants to the United States face many challenges,” said State Senator Shelley Mayer. “Language barriers and a lack of familiarity with our legal system can leave them vulnerable to intimidation and fraud. It is essential that those providing assistance meet the highest possible standard,” the official added.
“It is very unfortunate that some in our communities choose to misrepresent the immigration legal system to mislead and hurt those who are only trying to make life better for themselves and their families,” said City Councilwoman Corazón Pineda-Isaac.
To file a complaint
Anyone who believes they may have been a victim of fraud is encouraged to report a complaint by completing a complaint form or by calling 1-800-771-7755. Any identifying information provided to the office will be protected in accordance with state laws and policies on the protection of identifying information.