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ResourcesVisa & Immigration LawUS Immigration LawWhy's Nothing Done About Fake Lawyers Doing K-1, K-3, CR-1, & IR-1 Visas?

Why's Nothing Done About Fake Lawyers Doing K-1, K-3, CR-1, & IR-1 Visas?

Transcript of the above video:

As the title of this video suggests, kind of one of my somewhat routine videos on "fake lawyers", sometimes called notarios, oftentimes operating under the blanket umbrella term Visa Agent which there is no such thing in the American lexicon insofar as anything that has any actual legal bearing. 

As we have discussed many times at length on this channel, unfortunately there are fake lawyers out there, they are just total fake lawyers. A lot of people sort of ask me why isn't anything done about these people? Why doesn't somebody do something? Well they oftentimes kind of fall through the cracks. They are usually fairly, I hesitate to call it, I don't know what the right, cunning may be the right word. They sort of tend to kind of operate on the fringes and then on top of it, US Embassies abroad they have limited resources, they can only do so much. Moreover, US Embassies are not, a US Embassy is almost akin to like America's I hesitate to compare it to a Post Office, it is simply a representative of the United States. It is not the US Government insofar as it can affect major practical changes within a foreign country nor would it be really correct or appropriate for them to do so. So there is not a major mandate out there to go after fake lawyers unfortunately and these other folks that operate with less than good faith, let me put it that way. So the question kind of becomes "Well what could be done about it?" I mean really the best way to deal with it would be a specific statute out there which not only, there are actual, 8 CFR 292.1 is very clear. We have discussed that. That operates with respect to Department of Homeland Security within the United States and notwithstanding the fact that maybe that is not as rigorously enforced as it otherwise could be, there is law on the topic. It is illegal for folks to operate in the Immigration sphere without proper credentials but if you really wanted to stop it, you pretty much have to pass a law, pass a statute into law, which created serious criminal penalties associated with it and possibly even monetary fines and then go ahead and kind of put the enforcement apparatus on top of dealing with that. 

I mean my personal opinion is Department of Homeland Security investigations would seem to me to be the logical sort of enforcement arm for dealing with that. Now whether or not they think that it is within their mandate, I don't know but to me that seems like the logical place where, and I have done videos in the past and done blog posts and things in the past when DSI in cooperation sometimes with ICE, will find and prosecute fake lawyers, people who are pretending to be Immigration lawyers and causing real problems for folks. Yeah, it is a real issue, it is an unfortunate issue. Do I think it is going to really be rectified any time in the relatively near future? No, but if comprehensive Immigration Reform was ever to come down the pike, I think that could be something to be added in to a possible Bill which could have substantial benefits for not only the public, but for the Government who doesn't have to deal with people that are doing these things and causing problems.