By Hector Benitez Cañas
Sep 22, 2023, 8:42 PM EDT
The case of Wendy López serves to explain what is currently happening with thousands of people seeking to legalize their immigration status in the United States. She arrived in 2021 and was released from a detention center. She thought she had hired a lawyer to process her asylum application, but upon attending court she realized that she had been deceived and she was on the verge of being deported.
Today, unfortunately, many pose as lawyers to scam people in need. In her particular case, we had to argue, before the immigration judge, the exceptional circumstances why Wendy had not presented her asylum within the year. And, luckily, the argument was accepted.
It is important to keep in mind that people who call themselves “paralegals”, “notaries” or “preparators” are exceeding their duties (they can only fill out forms), offering legal advice and representation in court, among other matters prohibited for them.
Who are authorized to handle these cases?
In the immigration context, only two types of people: either lawyers licensed in the United States or representatives accredited before the Department of Justice. If you verify that the person does not belong to a bar association or bar, stay away, because they are deceiving you. And this can be verified in each State, in a simple internet search.
What can you do if you realize you are being scammed? The first thing is to find a real lawyer to file a complaint for “deficiency in legal assistance.” This will probably even lead to criminal charges for unauthorized actions.
In most cases, some people look for so-called “paralegals” to pay less for the procedures, but in the future it will be even more expensive, since they will lose all the money, time and also the opportunity to legalize their immigration status in the United States. True paralegals will always work under the supervision of a licensed US attorney.
Héctor Benítez Cañas is an immigration lawyer in Miami.