Avoid Costly Mistakes - The Risks of Using Unauthorized Paralegals for Immigration Applications
Navigating the U.S. immigration process is challenging, requiring precise legal knowledge, up-to-date expertise, and strategic planning. Unfortunately, many immigrants fall into the trap of hiring unauthorized paralegals or notarios, believing these individuals can handle their cases for less money. In reality, these services often lead to costly mistakes, significant delays, and jeopardized immigration goals.
At SG Legal Group, we’ve encountered countless clients seeking help after their cases were mishandled by unauthorized paralegals. This article explains the proper role of a paralegal, the risks of unauthorized assistance, and why consulting with a licensed attorney is essential—especially with anticipated changes in immigration policy under the incoming administration.
What Is a Paralegal, and What Is Their Role?
A paralegal is a trained legal professional who works under the supervision of a licensed attorney. Their role is to assist attorneys with tasks such as:
• Preparing forms and documents.
• Researching legal issues.
• Organizing case files.
• Supporting attorneys in hearings or interviews.
However, paralegals are not lawyers and are prohibited from practicing law independently. They cannot:
• Offer legal advice.
• Represent clients before USCIS or in court.
• Submit applications without attorney review.
Why Supervision Matters
Paralegals operate as an extension of the attorney’s responsibilities. Every action they take must be reviewed and approved by a licensed attorney who ensures the work complies with immigration laws. Without supervision, paralegals lack the legal authority and knowledge to navigate complex cases or resolve issues.
The Risks of Unauthorized Paralegal Assistance
Unauthorized paralegals or notarios often claim to have experience in preparing immigration applications. However, these individuals lack the training, expertise, and legal accountability necessary to handle immigration cases effectively.
1. Costly Errors and Delays
One example of the issues we frequently encounter is when paralegals mishandle Form I-130 petitions. A common error involves incorrectly indicating whether the case should be processed by USCIS or sent to a U.S. Embassy for consular processing. This mistake often forces clients to file Form I-824, resulting in an additional $590 filing fee and delays of up to 18 months to correct the error.
Other common examples include mishandled Requests for Evidence (RFEs) related to Form I-864, Affidavit of Support. Paralegals often fail to provide sufficient financial documentation or miscalculate income requirements, leading to case delays or denials.
2. Abandonment When Issues Arise
Paralegals are quick to promise results but disappear the moment complications arise. They cannot:
- Respond to requests for evidence (RFEs)
- Respond to a Notice of Intent to Deny (NOID)
Assist with submitting Form I-290B, Notice of Appeal or Motion - Submit Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA) or represent clients at such hearings.
- Represent clients at interviews.
- Address legal hurdles like inadmissibility or visa denials.
Clients often turn to attorneys to fix these problems, but by then, the damage is done, and it may be impossible to repair the case fully.
Why Clients Are Lured by Unauthorized Assistance
1. Lower Fees (That Often Cost More in the End)
Paralegals charge less than attorneys upfront, but their mistakes can lead to significant financial and emotional costs later:
- Filing additional forms to correct errors.
- Prolonged case delays.
- Potential loss of immigration benefits due to denied applications.
2. False Promises of Expertise
Many unauthorized paralegals claim they’ve “done this before,” misleading clients into believing all immigration cases are the same. This is simply untrue. Every case is unique, with varying eligibility requirements, documentation needs, and legal nuances.
The Impact of Trump Administration Immigration Policies
The Trump administration has historically implemented stricter immigration rules, and there is an expectation that these policies could become even more stringent. These changes have made immigration processes more challenging, including for those seeking to sponsor family members or naturalize as U.S. citizens. Specific measures introduced or reinforced during the prior Trump administration include:
- Enhanced Affidavit of Support Requirements: Increased financial documentation and stricter income thresholds have made it harder for individuals to sponsor family members.
- Tougher Naturalization Tests: Updates to the civics test and stricter evaluations of good moral character have raised the bar for applicants seeking U.S. citizenship.
- Increased Scrutiny on Family-Based Cases: Applications involving spouses, children, and parents have faced heightened review, requiring more robust evidence to demonstrate eligibility and authenticity.
These challenges highlight the importance of working with a licensed immigration attorney who stays up-to-date with policy changes and can provide tailored guidance to navigate these evolving requirements effectively.
Examples of Mishandled Cases
At SG Legal Group, we’ve helped clients recover from unauthorized assistance. Common issues include:
- Incorrect Filings: Applications submitted with outdated forms or missing evidence.
- Ignored Eligibility Issues: Cases filed without addressing inadmissibility concerns or prior immigration violations.
3. Unresolved RFEs and NOIDs: Clients are often left stranded when USCIS requests additional evidence or notifies the applicant of its intent to deny an application.
Why Attorneys May Be Reluctant to Take Over a Case Mishandled by an Unauthorized Paralegal
1. Significant Errors to Correct
Unauthorized paralegals often make critical errors in forms, documentation, or legal arguments that can be difficult, time-consuming, or even impossible to fix.
2. Irreversible Damage
Certain errors, such as missed deadlines or incorrect filings, can result in denials or ineligibility that cannot be undone, leaving limited options for resolution.
3. Compromised Credibility with USCIS
A case that has already been mishandled may be flagged by USCIS for closer scrutiny, making it more difficult to establish credibility or demonstrate eligibility.
4. Increased Costs for Clients
Clients may be unable or unwilling to pay the higher legal fees required to fix a mishandled case, especially after spending money on the unauthorized paralegal.
5. Risk to the Attorney’s Reputation
Taking over a poorly handled case might reflect negatively on the attorney if the client expects them to resolve issues that are already beyond repair.
6. Lack of Documentation or Records
Unauthorized paralegals often fail to keep proper records or provide necessary documentation, making it harder for attorneys to pick up where they left off.
7. Short Timelines to Respond
Cases mishandled by unauthorized individuals often come with imminent deadlines (e.g., responding to RFEs or NOIDs), leaving attorneys little time to develop a strong strategy.
8. Client Misunderstanding of Legal Processes
Clients may have unrealistic expectations about what the attorney can do, especially if the unauthorized paralegal misrepresented the process or their qualifications.
9. Limited Options to Appeal
If the case has already been denied, the available remedies (e.g., motions to reopen, appeals, or waivers) may be restricted, making it harder for an attorney to provide meaningful assistance.
10. Damaged Attorney-Client Relationship
Starting a case that has already gone wrong can lead to frustration and mistrust, potentially affecting the attorney-client relationship from the outset.
Warnings to Protect Yourself
To avoid falling victim to unauthorized assistance, follow these critical warnings:
1. Consult a Licensed Immigration Attorney
You should consult with a licensed attorney in good standing to understand your options and ensure your case is handled correctly.
2. Be Patient
Take the time to find the right help. The wrong advice could harm your chances of staying in the U.S., obtaining lawful status, or becoming a U.S. citizen.
3. Don’t Be Fooled
Notarios and paralegals often promise immediate results or unique solutions that sound too good to be true. Always:
• Ask for proof of their credentials.
• Retain copies of any documentation they provide.
4. Understand the Law
Only a licensed attorney can:
• Provide legal advice.
• Represent you before USCIS or in immigration court.
• Help you navigate complex legal requirements and changes.
How SG Legal Group Can Help
At SG Legal Group, we prioritize your future and ensure your case is handled with care and professionalism. Our team:
• Provides comprehensive legal representation for all immigration matters.
• Keeps up-to-date with the latest policy changes.
• Offers clear, transparent communication and fee structures.
If you’ve already been affected by unauthorized assistance, contact us immediately. We’ll evaluate your situation and explore ways to salvage your case.
Conclusion
The risks of hiring unauthorized paralegals or notarios far outweigh any initial savings. These individuals lack the training and legal authority to handle immigration matters, often leading to devastating mistakes, delays, and additional costs. With potential changes to immigration policies on the horizon, it’s more important than ever to work with a qualified attorney who can protect your rights and guide you through the process.
For expert legal assistance with your immigration case, contact SG Legal Group today. Our experienced attorneys are here to help you achieve your immigration goals with confidence and peace of mind.