FA R M L A B O R I N F O R M AT I O N B U L L E T I N
Voice of the Fields California
April 22, 2011
FREE
Volume 21, Number 4
Immigration scams on the rise
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n the state of California, only attorneys licensed to practice in state or federal courts can give you legal advice on immigration issues. Notarios, notary publics and immigration consultants may NOT represent you or give you legal advice. While in many other countries the word “Notario” means that the individual is an attorney, this is not true in the United States and they may not provide the same services that an attorney or accredited representative does. An immigration consultant can only give you non-legal advice such
as translating information to you or translating your answers for immigration forms, assist you in getting necessary documents, and (only if you ask) submit your forms to the United States Department of Citizen and Immigration Services (formerly known as Immigration and Naturalization Services or INS). An immigration consultant or “notario” may NOT give you legal advice on what immigration benefit you may apply for or what to say in an immigration interview. These consultants may not present himself or herself as someone who is
Dos and Don’ts The U.S. Department of Citizen and Immigration Services have produced the following guidelines to help you protect yourself: How to Protect Yourself from Becoming a Victim: 8 DO NOT sign blank applications, petitions or other papers. 8 DO NOT sign documents that you do not understand. 8 DO NOT sign documents that contain false statements or inaccurate information. 8 DO NOT let anyone keep your original documents. 8 DO NOT make payments to a representative without getting a receipt. 8 DO NOT pay more than a nominal fee to non-attorneys or make payments on the internet. 4 DO obtain copies of all documents prepared or submitted for you. 4 DO verify an attorney’s or accredited representative’s eligibility to represent you. 4 DO report any representative’s unlawful activity to USCIS, State Bar Associations and/or State Offices of Attorneys General.
qualified in legal matters or in immigration and naturalization procedures. If you are seeking help with immigration questions, you should be very careful before paying money to anyone who is not an attorney. Paying someone who is not qualified to help you in these affairs can cost you thousands of dollars and harm your immigration status. The United States Citizenship and Immigration Services agency recently launched a crackdown against these fake immigration lawyers and are working with the California State Attorney’s office to help educate immigrants on how to spot them. The California Office of Attorney General has listed the following common immigration scams on its website (www.ag.ca.gov): n Making false promises and implying he or she has special influence with the INS. Nobody can guarantee you a work permit or any other immigration benefit. n Posing as an immigration consultant or lawyer when he or she is not qualified to do so. n Taking a consumer’s money and not delivering any services. n Persuading a consumer to lie on an application or to an INS agent. Continued on next page
Immigration scams Continued from first page n
Keeping a consumer’s original documents and charging money to get the documents back. n Filing a frivolous application. For example, filing an application for political asylum on behalf of a consumer who does not qualify for asylum. n Charging the consumer a total price for all services up front, then demanding more and more money to continue doing work for the consumer. If you have questions or would like to report a complaint, you can call the California Department of Justice Immigration Assistance Office at (888) 587-0557. For information on a lawyer, you can contact the California State Bar at (800) 843-9053.
Immigration Consultants
Before an individual can conduct business as an Immigration Consultant, they must first obtain a $50,000 bond and file a copy with the State of California through the Secretary of State’s Office along with the appropriate forms. A person must also pass a background check conducted by the Secretary of State’s Office. To find out if an immigration consultant has filed appropriate paperwork and been bonded, you can contact the Secretary of State’s Office at (916) 653-4984 or check online at www. sos.ca.gov/business/sf/bond_search/. The United States Department of Justice also keeps a list of accredited representatives that can assist you in certain immigration proceedings at www. justice.gov/eoir/statspub/raroster.htm.
Are you working with an Immigration Lawyer or an Immigration Consultant? The California Department of Justice has provided the following checklist for your use: (also available online at www.ag.ca.gov/consumers/general/immigration_ consultants.php) n Is the person offering legal services a lawyer licensed by the State Bar of California? The person must give you his or her State Bar number. Check with the State Bar. Ask if the lawyer has ever been disciplined. n Immigration consultants must have a $50,000 bond and provide you evidence of the bond. Keep the bond number for your records. n Check references. Talk to other people who have used the services of the immigration consultant or lawyer; check with reputable community groups. Don’t be fooled by fancy titles or documents hanging on the wall. n Get a written contract signed and dated by the immigration consultant or lawyer, but do not sign the contract unless you understand it. n Consult a person you trust before signing anything or paying any money. Be suspicious of anyone who wants you to act immediately. n Make sure the contract lists the services you were promised and how much you must pay. n The immigration consultant contract must be written in both English and your language. n You can cancel a contract with an immigration consultant and get a refund at any time. You have the right to a full refund within 72 hours of signing the contract. You must cancel the contract in writing. n Get a dated receipt showing what you paid for and how much you paid. Make sure the consultant or lawyer signs the receipt. n Keep a copy of the contract, receipt and forms being filed on your behalf. Take detailed notes and keep for your records. n Give only copies of original documents to the immigration consultant or lawyer. Keep your originals in a safe place. n Never sign any immigration document you do not understand. You could be committing a crime if you sign INS or other official documents that contain false statements. Ask someone to translate documents for you if you cannot read English. n An immigration consultant or lawyer should not file any documents with the INS if they are too complicated for you to understand or if you do not understand why you are filing the documents.
Solar energy provides new job opportunities for farm workers
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roteus Inc., an organization created to provide exceptional education, employment, training, and other services to the diverse population of Tulare, Kings, Fresno, and Kern counties, started to look at solar energy projects as a potential job opportunities for local residents. A little over three years ago, Proteus Inc, developed a solar training program for farm workers to train them for this emerging market. The program has been up and running for more than a year and has seen a healthy success rate among graduates. The program provides participants with basic, entry-level training in the area of solar energy through hands-on work both in the classroom and in the field. Proteus started the program to help give farm workers, as well as unemployed residents, an opportunity to learn new skills and re-enter the workforce with the training needed to compete in this emerging market. The state certified curriculum combines technical training, such as conduit bundling and industry knowledge, with soft skills including resume building and interview preparation.
The program also partners with local volunteers such as Habitat for Humanity to provide labor for area housing, as well as GRID Alternatives with SingleFamily Affordable Solar Homes (a SASH Program). These opportunities provide the organizations with volunteer labor, provides local low-income residents with free installation of solar equipment that lower their utility bill, and provide the trainees with hands-on job experience. Proteus is currently working with solar companies within the area to place program graduates in entry-level positions. The program runs approximately six weeks and offers training opportunities for 15 people at a time. If you are in Tulare, Fresno, Kings, or Kern counties and are interested in getting more information on this program, please contact Hector Uriarte at 559-733-5423. For more information on Proteus Inc. visit www. proteusinc.org, or for solar training visit http://irecusa.org/irec-programs/ workforce-development/educationinformation/training-providers/ provider-listing/?id=330.
For information on immigration services and career opportunities in your area, please contact one of the following offices: Center for Employment Training 701 Vine Street San Jose, CA 95110 408.534.5360 sanjose@cet2000.org California Human Development 3315 Airway Drive Santa Rosa, CA 95403 Phone: 707-523-1155 Fax: 707-523-3776 Central Valley Opportunity Center 6838 Bridget Court P.O. Box 1389 Winton, CA 95388 tel 209.357.0062 Employers’ Training Resource Administrative Offices 1600 East Belle Terrace Bakersfield, CA 93307 (661) 325-HIRE Proteus, Inc. 1830 N. Dinuba Blvd. Visalia, CA 93291 Phone (559) 733-5423 Fax (559) 738-1137 info@proteusinc.org
Correction In last month’s issue on Agricultural Worker Rights, the article incorrectly referred to the Federal Minimum Wage of $7.25 and should have listed the State Minimum Wage of $8.00. When there is a difference between state and federal wages, employers must pay the higher wage. Also, the phone number listed to get more information on wage issues was not transferring callers to the appropriate place. If you need information on wage issues please visit www.dir.ca.gov/dlse/DistrictOffices. htm to find the office near you.
Remembering Cesar Chavez
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n March 31st we celebrated Cesar Chavez Day as a nation. Chavez is remembered each year on his birthday for his tireless leadership and non-violent tactics to gain national attention on farm workers issues. Chavez is best known for founding the National Farm Workers Association, which would later become the United Farm Workers (UFW), along with Dolores Huerta. Chavez organized marches, boycotts, pickets and strikes to help bring farm workers better wages and safer working conditions. He worked through the UFW to show how important farm workers were to
California’s economy and bring dignity to all agriculture workers. Chavez died peacefully in 1993, but his legacy lives on. A national holiday since 2008, Cesar Chavez Day recognizes the great work of this courageous man. It is also known throughout the United States as a day of service and learning. Many organizations have parades; have volunteer opportunities in their communities and have celebrations honoring Chavez and his legacy. For more information on Cesar Chavez and his life story, visit the United Farm Workers website at www.ufw.org.
Agricultural Weather Highlights – April 4, 2011
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fter a series of storms across most of California causing flood warnings and unseasonably cold temperatures. Heavy rainfall led to a postponement of fieldwork in many areas. The past few weeks have brought relatively warm temperatures throughout the state and have led to an increase in fieldwork and vegetable crop harvests in select parts of the state. For a complete weather and crop report, please visit www.nass.usda.gov/Statistics_by_State/California/index.asp.
Radio Bilingüe with Alma Martinez
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ach month, Radio Bilingüe reporter Alma Martinez hosts a radio program with La Cooperativa’s Voice of the Fields editor Marco Lizarraga. The radio program provides you with in-depth information on issues discussed in the monthly Voice of the Fields newsletter. Here is a list of upcoming programs: April 28, 2011 (10:00 a.m.) Learn about the Central Valley Opportunity Center and Unemployment Insurance benefits, as well as Disability Insurance. May 26, 2011 (10:00 a.m.) Hear from an expert on immigration issues and how not to be scammed. June 30, 2011 (10:00 a.m.) Learn about the California Human Development and el Instituto del Mexicano en el Extranjero The program is broadcast on Radio Bilingüe, a non-profit radio network with Latino control and leadership. To find a station near you, visit www. radiobilingue.org. You can also access past programs online!
Voice of the Fields California Circulation: 40,000 copies
www.LaCooperativa.org
Published monthly by: La Cooperativa Campesina de California 7801 Folsom Blvd, Suite 365, Sacramento, CA 95826 Phone 916.388.2220 • Fax 916.388.2426
Editor: Marco Lizarraga Produced with the support of the Employment Development Department Voice of the Fields may be reproduced