A pattern we keep seeing
A common issue in U.S. immigration practice: a licensed attorney does not get involved until significant time has passed and actions have already been taken — either by the applicant acting alone, or by someone posing as a licensed attorney who, in reality, was not one. Unauthorized practice of immigration law is widespread enough that USCIS maintains a dedicated Avoid Scams resource center warning, among other things, about “consultants” who cannot lawfully represent anyone in immigration case.
A real case: defrauded — and still denied
There is a federal court case currently pending that arose from exactly these circumstances. A foreign national entered the U.S. on a B-2 visitor visa. Before it expired, he and his business hired someone they believed was an immigration attorney to prepare an E-2 petition. That person was not a licensed attorney and misrepresented the status of the case the entire time. By the time the fraud was discovered and real counsel was retained, the B-2 status had expired; the E-2 petition was filed more than a year after that expiration.
USCIS issued a Notice of Intent to Deny and asked for an explanation. The petitioners laid out exactly what had happened with the fraudulent “attorney”. USCIS denied the petition anyway — not because it doubted the fraud occurred, but because it found the gap between discovering the fraud and actually filing was itself unreasonable. The case is now pending a decision on the merits.
The principle worth sitting with
Being defrauded does not pause the clock indefinitely. Once you know something is wrong with your case, the expectation is that you act as soon as possible — not on your own timeline. Delay after discovery can become an independent reason for denial, even when the original problem was not your doing.
How to verify an attorney in minutes
- Check the license directly with the state bar — every U.S. state bar has a public lookup. For California it is the State Bar’s attorney search: name in, license status out, including any discipline history.
- Do not rely on titles. “Immigration consultant” or “visa specialist” is not an attorney; per USCIS, only attorneys and DOJ-accredited representatives may give immigration legal advice.
- Get the engagement in writing — the attorney’s name, bar number and scope of work on paper.
If you discover you have been misled
- Treat it as an emergency, not an inconvenience — the reasonableness of your delay will be judged;
- Retain licensed counsel immediately and document when and how the fraud was discovered;
- You may report the scam — USCIS explains how at its Avoid Scams pages.
How RegattaLex approaches this
Every case at RegattaLex is prepared directly by a California-licensed attorney whose license anyone can verify in the public State Bar register. Flat, published fees; a free introductory call to assess where your case actually stands — see the E-2 visa guide or start the eligibility check.
This article is for general information only and is not legal advice.
