After receiving a complaint from a couple who were unsure whether their attorney had actually filed their case with the immigration department or if they were in fact licensed to practice, our Telemundo 52 Responde team investigated.
Our viewers told us that the attorney didn’t give them a copy of his contract and after paying around $14,000, they didn’t even have a valid case number. We helped them get what they are entitled to under the law, and today we want to remind everyone who is also looking for a lawyer, what their rights are.
Mr Hernández-Valenzuela contacted us because, according to what they told us, although they had hired an immigration lawyer in 2018 and paid him thousands of dollars to represent them, they felt that something was wrong, among other things because, they say, he did not give them a copy of his contract.
“He didn’t give us any documents,” said Mariana Hernández, concerned about her immigration file.
Moreover, according to them, the case number assigned by the immigration service that the lawyer gave them seemed invalid, since they tried to look it up on the federal agency’s website, as well as call to confirm.
“The number he gave me doesn’t exist for migration,” Hernández said.
When they contacted us, we repeatedly tried to locate their cases on the agency’s website and indeed, they do not appear in the USCIS system, so they asked us to accompany them to the office. attorneys for Eduardo Encinas, in Monterey Park, where we inquired about the attorney’s license and were able to verify that Encinas is registered with the Montana Bar Association, which means he can actually practice immigration law in any state. On this occasion, the lawyer refused to see me, but agreed to speak privately with his clients, who asked him for his contract.
“I told him I had it and he said, ‘I don’t know where the contract is, it’s in the boxes, and right now I don’t have time to look for it,’ we said. he said.”
After insisting, we managed to have them deliver a copy of their contract and their file on site.
“I already have it in my hands,” he added.
Via email, we asked the attorney for an explanation of why the case number is not appearing in the system, and he assured us that he had tried to get clarification from USCIS. , without success, so he chose to send this request in writing to the Vermont State processing center, explaining the urgency that they confirm that the case is indeed in the system.
“She says it’s a very delicate case, that immigration has to speak to a special service, for that, so that they can give you information, and my husband said to her, ‘but she has already spoken, and they did not want to give in any case, nothing appears, ”said Hernández.
Aún continuamos en espera de la confirmation del número de caso, pero el licenciado Encinas aseguró que no hay ninguna irregularidad, y que los recibos de USCIS, que entregó a sus clients, incluyendo su cita para las huellas y biométricos, comprueban que se ha hecho work.
Moreover, he explained that the contract was only negotiated and was signed in November 2019 after the payments were made, stating that he was willing to meet with his customers to answer questions or complaints.
Remember that if you retain the services of a lawyer, you have rights.
“The most important thing is that they have to give us a written contract that explains what they are going to do for us, how much they are going to do for us, how much it is going to cost us and how we are going to pay it,” said Rigoberto Reyes, director of the Los Angeles County Office of Immigrant Affairs.
Be sure to request a copy of the contract in advance and get any changes to the agreement in writing. And very important: before signing, ask for his license and confirm that it is valid and that he has nothing to complain about. You can visit the California State Bar website, calbar.ca.gov.
Keep in mind that while an immigration attorney may be registered in any state in the country, if a problem arises and they are not called to the bar in California, you will need to report to the state where he obtained his license.
If you need help reviewing a contract or with any other questions about an immigration attorney, you can also call the Office of Immigration Affairs at 1-800-593-8222.
“We are carefully reviewing the information to see if there are any red flags,” Reyes said.
Remember, you are the client, so don’t be intimidated when dealing with your attorney. You have the right to request your license and a copy of your contract. And if you need help, take advantage of the resources offered by the bar association and the Department of Immigrant Affairs.