zero029

I decided to post my 2 burning questions when it comes to immigration law and immediate relatives. I'll leave it up to you to contribute with anything you want. I ain't no lawyer, I volunteer my time.

1)a very large number of the aliens are overstays and ewi. I was told here that after mailing the application for aos, the alien regains some sort of legal status called pending status. The fear of these people is that filing the apps is like turning themselves in for imminent removal. Is this really true, can I use this as an argument to encourage the filing of an app?

2) my unanswered question regarding false claims. When the false claim is connected only to a benefit the alien is already qualified to obtain, does it really count? A reference to a court opinion or a link would be enough, no long explanation is needed. It's real hard to find any good info on this particular topic and I don't know where to look anymore.

have a wonderful day.

Matthew Udall

It’s nice that you volunteer your time. Where do you do that? And in what capacity to you volunteer (what sort of things do you do while volunteering)?

zero029

Don't worry, I read your post about "wanna be" lawyers and I wouldn't dream on giving legal advice to nobody. I already said I ain't no attorney. What I want to see is for those with a way out to go seek legal help, heck, if I had the money I'd pay for it myself!
I try to do my research all by myself but unfortunately there's some questions I can't answer, so I ask others.

utopiacowboy

In answer to your first question, I know of someone who came here on a tourist visa and overstayed for five years working illegally the entire time. She entered into a sham marriage and AOSed without any problems. So I don't know why people are worried about filing for AOS. It seems that you can do anything and get away with it these days.

zero029

I just won't tell nobody to go get an attorney to help them with some fraud thing. No attorney would do that, and I won't even suggest it. Marriage fraud is both criminal and degrading. (Shaaaaaame on them... lol)
But anyways, thanks for being bold enough to post and contribute.

Folinskyinla

Hi:

Funny you say that -- I'll pass it on to my new client who is currently in detention and facing removal. Maybe not, I don't think she will be amused.

CarlM

What a fine, community spirited chap you are.

zero029

yeah well I do help others but so do all of you. I see this forum as a volunteer group who helps those with questions, while it don't replace lawyer services, it serves as a general guide. This is why I asked for clarification on a couple topics, to help me understand the needs of those who need to be placed in the hands of qualified attorneys and other charities who can provide direct legal counseling.

utopiacowboy

Actually it's reassuring to see that there are consequences.

Matthew Udall

Funny how POV is different between people (which is natural of course). Non-attorneys answering the legal questions of others is likely to cause the recipient of the legal advice to forgo seeking legal advice or help from a qualified attorney. In fact, the rallying cry from quite a number of people on sites like this (well actually more likely in a non-usenet propagated site that can’t keep attorneys around to participate) is “You don’t need an attorney” and “we’ll answers your legal questions” (they often leave out the word "legal" however that does not change the character of the activity).

Ray

Hi Matt...Do you know of any conviction for UPL that have been given out
to any contributor to a forum in the last few years...

It now seems the subject has now taken over all your posting on this site
which to me is really sad ... but perhaps its time to test your theories
and make your official complaints to whoever you have too and get the action you seem to want ...

And what if the respondant is not in the US .. How will that be dealt with..

Matthew Udall

The danger is real (A recent example was shown where a very respected and prolific hobbyist, who I'm sure had good intentions, told someone to conceal his true address on a joint I-751... and I'll bet she didn't realize she was instructing him to commit a material misrepresentation to the U.S. government. That’s probably why some agencies that police UPL hold the position that something as simple as telling someone how to answer questions on immigration forms is the practice of law), however it's not my problem. My hope is that by mentioning this (and this thread was appropriate) some might see that POV and try to do the right thing.

If someone is curious whether or not their activity constitutes UPL, they can contact the appropriate agency in their own state to ask about it.

I know of one such person who contacted Florida a little over a year ago. According to what he told me, Florida took a look and said what he was doing was definitely UPL and that he was to discontinue immediately (if he told me this accurately). Did that stop him from engaging in this dangerous activity (to the immigration community)? I don't think so and instead I think he simply changed his name. I guess he must have had personal motives that trumped the danger he poses to the immigration community.

zero029

Attorneys are worth the money. There's simply too dang much to lose when filing for immigration benefits. Attorneys go to school for years and have to pass tests to get certified. That's why they know what they know, that's why they charge for a service.
I've asked a couple questions here trying to better understand the law, maybe that wasn't a good idea after all. lol

Matthew Udall

Attorneys are also regulated by their state bar and they (I would assume most if not all attorney do this) carry insurance to at least provide some sort of financial remedy to their client if warranted.

I don’t find any fault whatsoever by someone wanting to learn more about immigration law. But where the potential danger comes up is when they take that information and try to provide legal advice to others.

Matthew Udall

Hi Ray, just wanted to add a bit more. I certainly understand that most people who engage in UPL are motivated by what they consider to be good intentions. Helping others is fun, and I take great joy in doing that in my own work so I can understand this sort of motivation. Some also have financial incentives to see this happen (perhaps advertising revenue). Other possible motivations might be the gaining of a reputation as a legal advisor that might come in handy one day if someone actually makes the sacrifices required to eventually become a licensed attorney.

And I’ll bet there are many people who engage in UPL that simply don’t realize that what they are doing is engaging in the practice of law, and/or don’t appreciate the risk they pose to the immigration community.

I think my postings about this contain a valid point. I understand that this is not a popular opinion to hold and many will disagree with it. But I sometimes wonder “why” some are unable to grasp this obvious point, about the danger this poses to the immigration community. I think their own personal motivations might have something to do with it (and again, one motive might be simply enjoying engaging in an activity that they think “helps” people).

And I do make plenty of postings that have nothing to do with UPL.