Filing the appropriate immigration forms to secure legal immigration status is a daunting task. It is stressful, tricky and cumbersome. To navigate this process and help the Haitian and Caribbean communities, we have an Immigration Advocacy service conducted by our Legal Advocate. She is a knowledgeable professional who has over 15 years experience and speaks Haitian Creole. She also understands the frustration and heartache as well as the process to secure legal status.
Our Legal Advocate mainly works on our clients immigration issues because of the tremendous demand. It is almost common knowledge that in order to become eligible to access benefits, clients must have a legal immigration status. She works with clients helping them develop an opportunity to gain legal immigration status, whenever possible. She also helps those who already have a green card and are interested in becoming an American citizen by filing the appropriate forms. She will often accompany them to their INS appointment providing translation services and advocates on their behalf, if required.
For critical legal advice on immigration matters, the Legal Advocate refers clients to the Gay Men Health Crisis (GMHC) legal department. A GMHC lawyer will visit our center once a month to work directly with clients and review cases compiled by our legal advocate.
We recognize that clients are overwhelmingly fearful of being tested for HIV because of possible deportation; therefore, clients are reluctant to pursue immigration services. To deal with this challenge, our case managers, legal advocate, and other program staff have recently informed our clients that an INS waiver is now available regarding HIV or AIDS. It is problematic, but an alternative is available!
If you know someone who is looking for immigration services, please tell them to be aware of fraudulent immigration services; they could lose hundreds or even thousands of dollars!! To help avoid this situation, please give them these helpful hints:
Always get a second or even a third opinion before you file.
Find out what the qualifications of the agency and/or representatives are. Try
to stay away from agencies that focus on other fields and just do immigration
work as a sideline. This is much too complex and important a field to trust
anyone who does not do this type of work on a daily basis.
If someone promises to "speed up," "fix," "guarantee," or otherwise influence
your case before the USCIS -usually for a sizable upfront fee- it's a very good
indication that they are fraudulent practitioners. No one can guarantee any
results except the USCIS itself.
Use your common sense. If someone tells you that they alone can do something when all the other agencies have told you they cannot- it is most probably fraudulent advice. Although it may be what you want to hear, remember that fraudulent practitioners are extremely skilled at baiting the hook and that you are the fish. They rely on your wanting a result so badly that you will overlook glaring problems with what they have told you.
Don't leave any important or one-of-a-kind documents with the agency or
practitioner. The USCIS has not needed originals with filings for many years
now; you may and should always bring the original documents, and a copy of same,
with you to the USCIS interview.
Make sure of what you are signing; try not to sign blank forms unless you
check the title and number of each form signed. (These form numbers can be
found on the bottom left hand corner of every I.N.S. form, they usually begin
with an I, N or G followed by three numbers.) Department of State forms begin
with DS or OF.
Always make copies of what you give the agency and get copies of what
is filed on your behalf. Be certain mailed filings are done by certified
mail/return receipt.
You should try to pay with a personal check or a bank teller's check. If you
don't have an account you may use a family member's or trusted friend's. As a
last choice you can use a money order but they are usually more difficult, time
consuming and costlier to trace.
Whether you pay with cash or check, always obtain a receipt with: your name,
the agency name and address, the amount paid, any balance left to pay, the type
of case being done, -ex. I-485 and the printed name and signature of the
individual in the agency helping you or receiving your money.
Besides a receipt, you should always insist on a written contract/retainer
with the agency that clearly spells out what is being done for you and what it
costs. If possible, it should also list what extra follow-up work may be
involved and its cost.