How to Avoid Immigration Fraud

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    Immigration is a complicated area of law, the intricacies of which often overwhelm visa applicants. Scams abound with fraudsters preying on innocent victims who sometimes lose large amounts of money and suffer negative immigration consequences that may include a permanent bar on travel to the United States as well as detention and deportation for those who have already entered the U.S.^[1]

    The Immigration Law Office of L. Ford Banister, II^[2] is a law practice dedicated to the proposition that every person and matter, no matter how small, deserves competent and qualified legal representation.^[3] In order to make immigration law services available to those who might otherwise feel forced to seek the assistance of various “visa agencies,” or “notarios” we offer reasonably priced flat fee service packages which begin at just $199.99 for basic application  review service.

    We are in the business of providing legal services. We hope you will hire our firm to represent you. However, our greatest hope is that every applicant will receive the high grade of legal services that they deserve. In order to avoid becoming a victim of immigration fraud, follow these simple steps:

Retain a Qualified American Visa Lawyer

   This is straightforward and perhaps common sense advice. However, those who pose as “visa agents” attempt to make a strong case for their purported services, often pointing to their own low prices and contrasting them with the sometimes but not always relatively high fees charged by most law firms. It is therefore necessary to fully explain why an American travel visa applicant should hire an immigration attorney rather than a so called “visa agency.”

“You Get What You Pay For”

   This is a common American phrase that has linguistic equivalents in many countries. In short, an American visa lawyer is qualified to legal render advice. “Visa agencies” are not. No person or company except for an immigration attorney or law firm can do anything for a visa applicant other than assist in filling out forms. No price differential can remedy this simple fact. The choice between an immigration attorney and a “visa agency” is a choice between competent service and no service at all.

   Consider the qualification process for an American attorney. Every attorney must have a bachelor’s degree in order to obtain a second specialized law degree. Entry into a specialized law program is highly competitive and requires achieving a passing score on the Law School Admission Test (“LSAT”). In most cases, including my own, the second degree is a Juris Doctorate, also known as a J.D., a doctorate of law. This degree usually takes three years to complete. After graduating from law school, an aspiring lawyer must pass what is commonly referred to as the “bar exam.” This test is notoriously difficult, has a high failure rate, and lasts two to three days depending on the state. The aspiring lawyer must then pass a specialized ethics test known as the Multistate Professional Ethics Examination (“MPRE”) which tests knowledge of legal ethics. After all of this preparation is completed, in a process known as “character and fitness,” a thorough background investigation is conducted and each applicant is examined by senior members of the profession. Only after completing this arduous journey which may take a decade or more in some cases to complete, is an aspiring attorney permitted to practice law.^[4] In contrast, “visa agencies” have none of these qualifications.

   American attorneys are also subject to strict codes of discipline which require honesty in dealing with clients, adversaries and the government. An immigration attorney’s role is to help visa applicants present a truthful application. Many “visa agencies” counsel applicants to lie to consular officers, to misrepresent the purpose of their travel and/or to present fake documents. The consular officers who conduct travel visa interviews are highly trained and skilled at spotting attempted deceptions. The consequences of immigration fraud are far reaching and may include a lifetime bar to entry to the United States. Even innocent errors made by an unqualified agent who assists in filling out forms may result in the denial of the application as well as additional negative complications for which there may be no ultimate remedy.