1. DETECTIONPREVENTIONRESOLUTION
IMMIGRATION FRAUD & ISSUES
DETECTIONPREVENTIONRESOLUTION
RIGO REYES, CHIEF, INVESTIGATIONS
COUNTY OF LOS ANGELES DEPARTMENT OF CONSUMER AND BUSINESS AFFAIRS
500 W. Temple St., Room B-96, Los Angeles, CA 90012, Phone: , 1

2. FRAUD AND ISSUES AGENDA: IMMIGRATION SERVICES Common Fraud and Issues
Who the Abusers Are
Red Flags
Consumer Protection: Civil v. Criminal Actions
Specific statutes
General statutes
Legal Assistance
Effective Partnerships 2

3. IMMIGRATION SERVICES
FRAUD AND ISSUES 3

4. IMMIGRATION SERVICES
FRAUD AND ISSUES 4

5. FRAUD AND ISSUES I. Common Fraud and Issues: IMMIGRATION SERVICES
Vulnerable consumers: Fear, need, confusion
Scarce affordable legal services
Lack of knowledge of our immigration system
Affinity crimes: Culture, language, ethnicity 5

6. FRAUD AND ISSUES I. Common Fraud and Issues: IMMIGRATION SERVICES
Costly: Financial + immigration status harm
Wrong legal advice
False promises
Convince you to lie on application
Abandon you and your case 6

7. FRAUD AND ISSUES II. Who the Abusers Are: IMMIGRATION SERVICES
“Immigration Consultants”
“Notarios,” phony attorneys, hair stylists
Attorneys: Direct abusers v. enablers
Affinity crimes: Culture, language, ethnicity 7

8. FRAUD AND ISSUES II. Red Flags: IMMIGRATION SERVICES
“Guarantee” results
Tell you they know “inside” people
Claim they know “special” laws
Ask you to lie on forms
Don’t give you a written contract
Demand that you pay in cash only
Charge you “secretive” fees
Keep your original documents 8

9. IMMIGRATION SERVICES
FRAUD AND ISSUES
III. Consumer Protection: Immigration Consultants Act (ICA)*:
Must comply prior to offering services
Applies to non-attorneys and non-BIA- approved organizations that charge consumers a fee for immigration services, including [B&P 22441]:
Completing forms
Translating answers to questions
Securing supporting documents
Submitting forms to USCIS
*California Business & Professions Code Chapter 19.5 (Sections ) 9

10. FRAUD AND ISSUES III. Consumer Protection: ICA Compliance:
IMMIGRATION SERVICES
FRAUD AND ISSUES
III. Consumer Protection: ICA Compliance:
Can’t offer legal advice [B&P 22441]
$100K bond with Secretary of State: [B&P ]
Must pass background check [B&P ]
Written contract [B&P 22442]:
List services being provided
Three-day right to cancel
In English and consumer’s language
Must post specified notices [B&P ]
Must say he/she is not an attorney [B&P 22442(a)2] 10

11. FRAUD AND ISSUES III. Consumer Protection: ICA Compliance:
IMMIGRATION SERVICES
FRAUD AND ISSUES
III. Consumer Protection: ICA Compliance:
Can’t keep original documents [B&P 22443]
Can’t lie or “guarantee” results [B&P 22444]
Can’t charge for referrals [B&P 22444(d)]
Can’t use the word “Notario” [B&P ]
$100K for each violation [B&P 22445]
Multiple violations are felonies [B&P 22445(c)] 11

12. FRAUD AND ISSUES III. Consumer Protection: ICA Compliance:
IMMIGRATION SERVICES
FRAUD AND ISSUES
III. Consumer Protection: ICA Compliance:
Immigration Consultants can only provide non “non- legal assistance” [B&P 22441(d)]
Complete immigration forms, but can’t tell consumer which forms to use or the answers on the forms [B&P 22441(1)]
Translation services [B&P 22441(2)]
Secure supporting documents [B&P 22441(3)]
Submit Forms to USCIS [B&P 22441(2)] 12

13. FRAUD AND ISSUES III. Consumer Protection: General Statutes:
IMMIGRATION SERVICES
FRAUD AND ISSUES
III. Consumer Protection: General Statutes:
Business & Professions Code Section 17200
Prohibits unfair competition
Provides injunctive relief
Provides for civil penalties and restitution
Business and Professions Code Section
Prohibits false advertising
Covers affirmative statements and omissions
Penal Code Section 487
Grand theft through false pretenses
$950 and up 13

14. FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance
IMMIGRATION SERVICES
FRAUD AND ISSUES
IV. Consumer Protection: Legal Assistance
Legal Aid Organizations:
Free or low-cost legal assistance
Consumer outreach and education
Identify and report fraudulent activity
Advocate for better laws, consumer protection 14

15. FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance
IMMIGRATION SERVICES
FRAUD AND ISSUES
IV. Consumer Protection: Legal Assistance
Board of Immigration Appeals-Approved Organizations May:
Offer legal immigration advice
Represent persons before the BIA
Represent persons before USCIS
Must disclose BIA status [B&P (2)]
List of BIA-Accredited Organizations: ty.htm 15

16. FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance
IMMIGRATION SERVICES
FRAUD AND ISSUES
IV. Consumer Protection: Legal Assistance
(Real) Non-Profit Organizations:
Offer non-legal assistance or advice” [B&P 22441(d)]
Complete immigration forms, but can’t advise as to which forms or answers on the forms [B&P 22441(1)]
Translate documents and questions to answers on forms [B&P 22441(2)]
Secure supporting documents [B&P 22441(3)]
Submit Forms to USCIS [B&P 22441(2)]
Must comply with ICA, except written contract and bond requirements [B&P 22442(h), (j)] 16

17. FRAUD AND ISSUES IV. Consumer Protection: Legal Assistance
IMMIGRATION SERVICES
FRAUD AND ISSUES
IV. Consumer Protection: Legal Assistance
Immigration Attorneys:
May be licensed in any state
Legal advice and representation
Identify and report fraudulent activity
Advocate for better laws, consumer protection
Provide pro-bono/low-bono services 17

18. FRAUD AND ISSUES How DBCA Helps IMMIGRATION SERVICES
, dca.lacounty.gov
Counseling, outreach, education
One-on-one complaint resolution
Case investigation for criminal/civil prosecution 18

19. IMMIGRATION FRAUD TASK FORCE:
IMMIGRATION SERVICES
FRAUD AND ISSUES
IMMIGRATION FRAUD TASK FORCE:
Participants: Investigation, Prosecution, Licensing:
Federal: USDOJ, FTC, USCIS, FDNS, ICE, HSI
State: Attorney General, State Bar of California
Local: DCA, LADA, LAPD, LACA
Purpose:
Ongoing identification and prioritization of cases
Coordinated investigation and prosecution
Pooled resources for greater effectiveness
Enhanced service to victims and advocates 19

20. IMMIGRATION FRAUD TASK FORCE:
IMMIGRATION SERVICES
FRAUD AND ISSUES
IMMIGRATION FRAUD TASK FORCE:
Helpful Investigation Considerations:
Statute of limitations
Location
Civil v. criminal
Volume of business
Gravity of violations
Operating 20