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TAKING ACTION AGAINST “NOTARIO FRAUD” SUCCESSFUL STRATEGIES THEN AND NOW

TAKING ACTION AGAINST “NOTARIO FRAUD” SUCCESSFUL STRATEGIES THEN AND NOW. Presented by: Mary Carmen R. Madrid-Crost, Esq. Founder, Madrid Crost Law Group. Why is it compelling for everyone to take action now?. Recent positive immigration laws: Deferred Action for Childhood Arrivals

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TAKING ACTION AGAINST “NOTARIO FRAUD” SUCCESSFUL STRATEGIES THEN AND NOW

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  1. TAKING ACTION AGAINST “NOTARIO FRAUD”SUCCESSFUL STRATEGIES THEN AND NOW Presented by: Mary Carmen R. Madrid-Crost, Esq. Founder, Madrid Crost Law Group

  2. Why is it compelling for everyone to take action now? • Recent positive immigration laws: • Deferred Action for Childhood Arrivals • Unlawful Presence Provisional Waiver • Proposed legislation • Comprehensive Immigration Reform

  3. Why is it compelling for everyone to take action now? • Examples of Notario Activities • http://www.iclearpath.com/ • http://www.middletonimmigration.com/ • Centro Salvadoreno Inc (Cecilia Moran-Santos, Director) • South Carolina Department of Labor, Licensing and Regulation Immigration Assistance Services Licensure • Others

  4. http://cronkitenewsonline.com/2013/04/attorneys-advocates-to-immigrants-beware-of-notario-fraud/http://cronkitenewsonline.com/2013/04/attorneys-advocates-to-immigrants-beware-of-notario-fraud/

  5. http://www.americanbar.org/groups/public_services/immigration/projects_initiatives/fightnotariofraud/about_notario_fraud.htmlhttp://www.americanbar.org/groups/public_services/immigration/projects_initiatives/fightnotariofraud/about_notario_fraud.html

  6. What types of action are needed? Massive Endeavors to Raise Awareness • Encompassing Effort Against Notarios and Other Fraudsters, • Terminologies Used By Other Immigrant Communities • What Consumers, Stakeholders and the General Public Must Know • Warning Against Misleading Advice (No Fraudulent Intention) • How To Identify Fraud

  7. What types of action are needed? Massive Endeavors to Raise Awareness • Getting the immigrant communities to help raise awareness • SNF.org

  8. What types of action are needed? Identifying Perpetrators • Policing ISPs to make sure their services are within limitations • Surveys and secret shoppers • Asking clients about having sought advice from non-lawyers • What can be done once a perpetrator of fraud is identified? • Report to government agencies • Report to AILA and the ABA pro bono project

  9. What types of action are needed? Encouraging Victims to Come Forward • Help Identify Perpetrators and Their Modus Operandi • File Complaints, Seek Redress, Assist Law Enforcement • Advocating for ways to protect victims

  10. What types of action are needed? Collaborative Efforts of Private Organizations and Government Agencies • Advocacy for legislation with stringent provisions against fraud • Reconsidering the impact of existing law that may inadvertently encourage UPL • Attorney Generals’ Offices • Federal Trade Commission • Involvement of other agencies (e.g., Illinois ARDC is now going after UPL in a limited way)

  11. What types of action are needed? Private Right of Action

  12. http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=6aaad4aaee6ab210VgnVCM100000b92ca60aRCRD&vgnextchannel=7bc9d4aaee6ab210VgnVCM100000b92ca60aRCRDhttp://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=6aaad4aaee6ab210VgnVCM100000b92ca60aRCRD&vgnextchannel=7bc9d4aaee6ab210VgnVCM100000b92ca60aRCRD

  13. Efforts of AILA Members • Actions taken by members around the country

  14. Efforts of AILA Members • What should we continue to do? • Educate immigrants about the dangers of seeking help from notarios • Encourage victims to seek redress and direct them to government agencies and organizations that can help them • Encourage victims to identify perpetrators of fraud • Advocate for the protection of victims • Support legislation imposing criminal sanctions against notarios

  15. Efforts of AILA Members • What should we continue to do? • Raise awareness among public officials, law enforcement agencies and general public about dangers of notarios • Promote www.stopnotariofraud.org • Like Stop Notario Fraud Facebook page • Disseminate the “Redefining Welcome” blog by Linda Hartke (http://blog.lirs.org)

  16. Questions and Answers

  17. About The Madrid Crost Law Group The Madrid Crost Law Group is an established law firm fully concentrating in immigration and naturalization law.  For more than 15 years, the Madrid Crost Law Group has been committed to delivering the highest quality of immigration compliance solutions and legal defense to a broad spectrum of clientele consisting of individuals and business organizations with immigration-related issues.  The law firm attorneys are members of the American Immigration Lawyers Association (AILA).  Mary Carmen Madrid-Crost, Principal Attorney, is the 2012-2013 Chair of the American Immigration Lawyers Association’s National Committee on Consumer Protection and Unauthorized Practice of Law. She has led the committee to concentrate its activities on consumer education by popularizing the website www.stopnotariofraud.org. She was last year’s Chair for the AILA Chicago Chapter’s Workplace Enforcement Committee.

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