This week’s article is a republish because of its importance. It is actually one of the reasons why I left contract work at one of the biggest music brands in the United States in order to assist the Thai and other Asian communities full time; and that is, the fact that there are some people out there looking to profit from other people's vulnerabilities and fear. For years now, I have talked about these “non-attorneys”, which include notaries, “tanats”, paralegals, tax-preparers and even just regular people giving their “friends” advice. Please understand this: ONLY A LAWYER IS AUTHOURIZED TO GIVE LEGAL ADVICE. We are licensed by the State in which we practice. We have to undergo a lengthy education and must take and pass an strict exam. All those that I mentioned earlier who give legal advice (probably with exception of “friends”), do so unlawfully and they can be prosecuted under the law! Since I have been practicing, I have heard of a few of them that have been caught and severe punishment have been handed down to them. But what is worse, is that they are possibly jeopardizing your case! Every week or so, I have someone that calls me looking for help because of a denied application, petition or response. I ask them what happened, and they tell me they went to a "tanat". They put their trust in these people and now they are facing dire consequences because of this misplaced trust. Add the numbers up and you have about 52 victims of immigration fraud a year! And that’s just at my office. I can only imagine what other attorneys are seeing. I know what I am telling you may be controversial and that I will be hated by these non-lawyers that I am talking about, but if you know me, I’m not one to shy away from controversy, especially when it comes to doing the right thing and helping people. The Thai community has been taken advantage for too long! I'm here to help!

On my website (WWW.JC4LAW.COM) and on my Facebook page (www.facebook.com/ThaiAttorney) you can read more about other areas of the law to be cautious about as well as read actual client letters telling you of their horror stories. My clients have been gracious enough to allow me to post because they understand that there are others out there that have been through similar experiences with non-lawyers. Luckily for them, I was able to fix their problems. My hope is that people who read this take heed because I fear that one day, a client will come to me after their non-lawyer makes a critical error and there can’t be anything done to fix it, either by me or any other lawyer.

As I mentioned before, only a lawyer is legally authorized to give legal advice. All others are not allowed by law to do so. The law forbids these non-lawyers to do so because the practice of law is detailed and strict on regulations, codes, and other rules, all of which exist to protect the public. A lawyer is a sworn official of the judicial system. We are educated on the law and bound by rules and ethical codes. A non-lawyer has none of these requirements. Non-lawyers include notaries, “Tanats”, paralegals, friends, those people on websites like Facebook, etc. who say they “went to law school” or “are lawyers in Thailand”, etc. (A person who graduates law school has a juris doctorate, but is not a lawyer. To be a lawyer, you must take and pass the Bar Exam! Also, in order to legally practice law here in the United States, you must be licensed in the United States and in the jurisdiction of where you intend to practice!) These non-lawyers may know how to fill out some forms, maybe some law, but they are not under a duty of continuing education like we lawyers are. Cases are more than just simply filling out forms; depending on your specific situation, it is about planning. Those friends who give you advice may mean well, but their advice may end up hurting you. I’ve heard the ‘well, their case is just like mine, so if I do the same thing they did and fill out the same form, it should be okay’. That’s just not true. The reason is because no two cases or exactly alike. What might have worked for them, might not work for you. A deviation in facts, even a slight one, can result in a great divide in how immigration considers the evidence presented. You never really know what your friend is not telling you. For all these people: tanats, paralegals, friends, etc…be wary when someone gives you legal advice but aren’t willing to put their names on your forms. (After all, on immigration forms, immigration asks for the name and contact information of anybody who helps prepare the forms for the applicant or petitioner). Question yourself why these people don’t put their information on your form? The answer is (1) they know what they are doing is illegal and/or (2) they don’t want to be responsible later if something bad happens to you and your case. (Which I’ve heard before – ‘Oh I’m not responsible”). Every reputable lawyer you retain will put their full name and contact information on your form. Not just me, but every lawyer! If there happens to be some mistake, the lawyer can fix it. Go see an attorney! Any attorney. We are bound by certain rules and regulations. We know the law. We are required to keep up with the most recent changes in the law. Trust me when I say, by paying a little more, you get a lot more! Rest assured that your case will be handled correctly by me, and other reputable attorneys.

If you don’t take anything out of this article, please just take this: question the advice of the non-attorney. Attorneys are taught in year one of law school about a term called “relevancy”. That is, why is something important or necessary to prove or resolve a problem (issue). Everything you submit to immigration should be relevant to your case. For example, if you receive an RFE (Request for Evidence) and the immigration officer is asking you to send evidence of joint assets in a marital case, that means that they need you to prove that you and your spouse are truly married; that you two have a bona-fide marriage. Any evidence you have which would support your bona-fide marriage would be considered relevant and important – send it!

NON-LAWYER: “If you have a 2-year conditional green card, you cannot get divorced before you renew it”

JC FACT: This is absolutely not true! If it was, many people would have to endure being married to someone they no longer love and want to be married to just to get their 10-year green card! The truth is, Federal law allows single petitioners to file for removal of conditions, provided they apply for a waiver of the joint filing requirement. I have done this many times before so it can be done.

NON-LAWYER: “You must have life insurance so you can show immigration you have a real marriage”

JC FACT: No, that is not true. Having life insurance is great, but you should not go out and get it just for the sake of having it for immigration purposes. Not only is this fraudulent, but it also isn’t necessary. There are countless married couples where both husband and wives are U.S. citizens, have been married 10-20-30 years, yet do not have life insurance! Life insurance is just one example of evidence tending to show a bona fide marital relationship, but it is not the only one. Question why these people tell you that you need life insurance. It’s either because they are (1) misinformed themselves or (2) have ulterior motives such as they get a “commission” from those unscrupulous insurance agents for the referral! Sorry, but I’m calling you agents out too!

These are just some examples of things I want my readers to be aware of. For more examples of dangerous pitfalls to avoid and other horror stories of those who have gone to non-lawyers, you can check out my website – in Thai and English. I hope that you take heed of my advice – to question whether trusting a non-lawyer with something so important as immigration, which can affect not only your life but possibly your family too, is the right choice or not, and to question if what the non-lawyer tells you, makes sense?!

If you have questions, or need assistance, please contact my office at (818) 505-4921, or my Thai direct line at (818) 505-4921. If you have any questions that you would like to be answered in future articles, or would like to share your opinions or comments, please email me at: JC4LAW@HOTMAIL.COM. Also be sure to check us out on the web at: WWW.JC4LAW.COM, and on FACEBOOK at: https://www.facebook.com/ThaiAttorney Be sure to follow (and "like") me for the most recent updates in the law! For those in Thailand or outside of the United States, I am now reachable using the LINE app. My LINE ID is: JC_Esq On YouTube, search "Joseph Chitmongran" (LIKE and SUBSCRIBE to be notified of new videos in the future).

Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran for a full consultation.