Schneiderman: I Am Committed To Stopping The Unauthorized Practice Of Law And Protecting New Yorkers From Fraud By Enforcing Immigration Service Provider Laws
NEW YORK, NY – Attorney General Eric T. Schneiderman announced today that his office reached an agreement with Entertainment Visa Consultant Company (EVC) and its CEO, David King. This agreement will resolve the Attorney General’s investigation of EVC and King which revealed that King engaged in the unauthorized practice of law while providing immigration-related services, and failed to comply with New York City and New York State laws that require immigration service providers to comply with certain advertising guidelines, signage, contract and surety requirements.
“Unlawful immigration service providers can have devastating consequences on unsuspecting applicants, leaving them worse off than before they sought help,” said Attorney General Eric T. Schneiderman. “Entertainment Visa Consultant Company was shut down because it was an unlawful operation. I am committed to stopping the unauthorized practice of law and protecting New Yorkers from fraud by enforcing immigration service provider laws.”
“United States Citizenship and Immigration Service (USCIS) places a high priority on combatting immigration services scams,” said USCIS Director León Rodriguez. “For vulnerable immigrants, the wrong help can hurt. USCIS will continue to work with the New York State Attorney General’s office and other partners to educate the community about how to avoid immigration scams and to empower them to report those who take advantage of others.”
New York State law prohibits a non-lawyer from practicing immigration law or providing legal advice of any kind unless supervised by an attorney, or where they are accredited by the federal Board of Immigration Appeals. Immigration Service Providers under New York City and State law, therefore, may only provide clerical services, such as translating or mailing documents.
The Attorney General began an investigation of EVC after receiving information indicating that from 2012 through 2015, EVC was processing hundreds of temporary work visas for foreign entertainers and submitting these applications to the federal immigration authorities. The OAG’s investigation revealed that neither King nor any of the staff of EVC are licensed to practice law in the State of New York, and EVC is not an organization accredited by the Board of Immigration Appeals.
The OAG’s investigation also revealed that King and EVC failed to comply with all of the requirements of the New York State and New York City immigration service provider laws. Specifically, the OAG found that King and EVC failed to:
- provide clients with written contracts that include certain disclosures and information;
- make adequate disclosures to customers alerting them of their contract cancellation rights; and
- secure and maintain a sufficient surety bond.
The settlement agreement:
- requires King to permanently dissolve EVC and terminate its operations in NYS;
- prohibits King from operating any immigration services company in the future;
- requires King to provide notice to EVC’s customers regarding the dissolution while urging individuals to contact an accredited organization or an immigration attorney; and
- requires payment of a $20,000 penalty to New York State.
Attorney General Schneiderman thanks the USCIS United States Citizenship and Immigration Service Fraud Detection and National Security Division for their valuable assistance in this investigation.
“We applaud Attorney General Schneiderman for his unwavering commitment in protecting immigrants from unscrupulous actors,” said Angela Fernandez, Esq, Executive Director of Northern Manhattan Coalition for Immigrant Rights. “The Attorney General’s leadership in this area, protects countless lives and communicates loud and clear that the unauthorized practice of law will not be tolerated in the state of New York.”
The Attorney General's Office is committed to combating unlawful immigration services carried out by organizations and individuals. If you have been a victim of immigration fraud or received unauthorized legal advice on immigration matters, please contact the Attorney General’s Immigration Services Fraud Unit Hotline at (212) 416-6149, email civil.rights@ag.ny.govor visit www.ag.ny.gov. If you are in need of an attorney or BIA-accredited representative in an immigration matter, please contact either the New York State Bar Association at 1-800-342-3661 (www.nysba.org) or the American Immigration Lawyers Association at 202-507-7600 (www.aila.org) for a referral.
The case against Entertainment Visa Consultants is being handled by Assistant Attorneys General Diane Lucas and Dariely Rodriguez of the Civil Rights Bureau, which is led by Bureau Chief Kristen Clarke. The Executive Deputy Attorney General for Social Justice is Alvin Bragg.