In a radio interview on Saturday April 24, 2004 with Citizenship and Immigration Services (CIS ) Los Angeles District Director Jane Arellano, informing the Iranian-American Community of the CIS’s implementation of their secured web based case status and appointment setting features (InfoPass accessible through www.uscis.gov) , IALA’s president P. Patrick Ashouri presented queries for the District Director on criminal prosecution of fraud by unlicensed individuals acting as attorneys as well as sought her opinion on applicants seeking competent representation from licensed practitioners.

In response, the Director strongly discouraged unauthorized or illegal practice of Law, informed of CIS’s cooperation with County law enforcement and prosecution and mentioned that CIS works closely with the Immigration and Customs enforcement (ICE), the law enforcement counterpart of CIS at the Department of Homeland Security (DHS) and emphasized that legal advice can only by offered by licensed attorneys.  The pertinent transcribed portions of the program will be forwarded to you in the association’s press release shortly.

IALA's RADIO PUBLIC SERVICE PROGRAM TRANSCRIPT

In an hour long radio program, an interview hosted and translated  at KRSI radio on Saturday April 24, 2004, guests Jane Arellano, District Director CIS  (L.A.) and P. Patrick Ashouri, Esq., President of Iranian American Lawyers Association  discussed the implementation of Info Pass services of the Department of Homeland Security, Citizenship and Immigration Services and other issues, the transcript of a brief part of the program regarding unauthorized or illegal practices is provided below.

Q. P. Patrick Ashouri:  Director Arellano, as the President of the Iranian American Lawyers Association and our association, just like any other lawyer, law or Bar association has always continued to encourage, acknowledge and appreciate members who are all licensed State or Federal attorneys to continue their competent representation of their clients in immigration.  We have always promoted and encouraged their [attorneys] community information participation and we appreciate those who do that.  A question that comes up and has come up quite often is that in light of some irreversible consequences in filling out an application that could be perhaps unintentional or sometimes negligent, by completing, submitting petitions, applications, the appropriate attachments, what advise would you have for an applicant out there who is trying to get assistance of somebody other than themselves in preparing their paper work for the Immigration Services [CIS]?
A. Director Arellano:  I would caution anybody who is seeking assistance in making an application to CIS to insure and be sure that they are dealing with some one who is competent, a licensed individual who has got the knowledge and ability to properly advise this individual and the unauthorized practice of law is something that we discourage and speaking to community based organizations, we also caution them.  If you are not attorneys, you can not give advice.  We do not give advice, Immigration Officers are not authorized to give advice, we give information only so anybody who has even a simple, but also a very complex case should seek competent legal advice from a licensed practitioner.

Q. P. Patrick Ashouri:   Another question Director Arellano that has surfaced and has been mentioned by the practitioners and the Bar, is that when an applicant is harmed financially and the family harmony is placed at risk because an immigration status is in jeopardy because wrong or incomplete or sometimes never filed applications or petitions are the case, what steps, safeguards or levels of cooperation does the Service [CIS] have with other law enforcement agencies, Federal, County or State to investigate, charge and prosecute public fraud, theft or unauthorized practice of law against those who have conducted themselves accordingly?
A. Director Arellano:   Well, I wanted to make sure that we let you know that we are the Service side of the Department of Homeland Security, CIS.  We do have our counterpart in the enforcement side, Immigration and Customs Enforcement, (ICE), we stay in touch with them on a daily basis, they still investigate into fraud and any kind of unauthorized practice of law could be reported to the ICE component.  They too are in touch with Local, County and Consumer Affair’s Department and together we have cooperation with them.  If we get the report at CIS, we are going to turn it over to them [ICE].  We also have a contact at the county of Los Angeles, who will take up and make an inquiry into the type of practices that has been going on.

Q. P. Patrick Ashouri :  So the ramifications one could summarize, could have some criminal prosecution consequences for those who are breaking the law and not being licensed nor authorized and causing losses to applicants by form of fraud?
A. Director Arellano:         Absolutely.

Q. P. Patrick Ashouri :         Thank you.