What you should know
New York Attorney General Letitia James announced a settlement Thursday that will stop a fraudulent immigrant assistance service provider who deceived and threatened immigrants while posing as an attorney. An investigation by the Office of the Attorney General (OAG) found that Jacquelin Mercado, an immigrant assistance service provider in Yonkers, fraudulently claimed to be an attorney licensed in the United States, illegally offered legal advice, intimidated at least one client by threatening to report them to immigration authorities, and violated laws New York Immigrant Protection Agency from June 2020 through July 2022. As a result of the settlement, Mercado will pay nearly $10,000 in restitution to four different clients in Westchester and New York City, stop all false advertising of its services, and fully comply with the law.
NEW YORK — New York Attorney General Letitia James announced an agreement Thursday that will stop a fraudulent provider of immigrant assistance services who deceived and threatened immigrants while posing as an attorney.
An investigation by the Attorney General’s Office (OAG) found that Jacquelin Mercado, a provider of immigrant assistance services in Yonkers, fraudulently claimed to be a licensed attorney in the United States, illegally offered legal advice, intimidated at least one client by threatening to report them to immigration authorities and violated New York’s immigrant protection laws from June 2020 to July 2022.
As a result of the settlement, Mercado will pay nearly $10,000 in restitution to four different clients in Westchester and New York City, stop all false advertising of its services, and fully comply with the law.
“New Americans starting their lives in this country often need help navigating our immigration system,” said Attorney General James. “Jacqueline Mercado took advantage of that fact and used her position to intimidate and defraud immigrants who depended on her for assistance and support. Every New Yorker, especially the most vulnerable, deserves to be treated with dignity and respect and must have confidence that the services they pay for are legitimate. I encourage any immigrant who believes they have been taken advantage of to contact my office and help us ensure that bad actors and scammers are defeated.”
Immigration assistance service providers can help their clients by translating documents and providing other support with forms and applications. However, they are not lawyers and cannot provide legal advice or representation. New York law requires providers to follow certain rules, including posting signs explicitly stating that they are not lawyers, to protect immigrants from scams and fraud.
A prosecutor’s investigation found that Mercado was violating numerous provisions of the New York Immigrant Assistance Service Enforcement Act. From at least June 2020 through July 2022, Mercado fraudulently posed as an attorney and used the title “attorney” even though she was not licensed to practice law in the United States.
Mercado also illegally offered legal advice, potentially endangering his clients. The prosecution’s investigation also found that she had threatened to report at least one client to immigration authorities and threatened to undermine her efforts to secure legal immigration status.
As a result of the settlement, Mercado must immediately stop all false advertising, explicitly state in any advertisement that she is not a licensed attorney, and pay restitution to four different clients totaling $9,946.48.
In addition, Mercado must fully comply with all laws governing immigrant assistance service providers, including posting the necessary signs to inform clients of their rights, updating their contracts to include language that informs clients that she is not a lawyer and cannot offer legal advice, and obtain the necessary financial assurance to ensure that clients who request refunds or compensation for damages are paid.
How to file a complaint if I have been a victim of fraud
Attorney General Letitia James is committed to protecting immigrants and all vulnerable New Yorkers. She encourages anyone she believes may have been a victim of fraud to file a complaint by completing a complaint form here or by calling 1-800-771-7755.
Any identifying information provided to the office will be protected in accordance with state law and policies on the safeguarding of identifying information.
2023-08-23 16:16:32
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