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DISCLAIMER |
This information provided is not intended to replace the advice
of an attorney but is merely provided as a public service. Each
immigration case is different. For more information, consult with
Thomas Esparza, Jr., Board Certified Specialist
in Immigration and Nationality Law with more than 29 years of experience.
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> ATTORNEY GENERAL ABBOTT FILES
CRIMINAL COMPLAINT AGAINST OPERATOR OF MIDLAND IMMIGRATION SERVICES
SCAM
Hilda M. Armendariz charged with defrauding the public
MIDLAND – Texas Attorney General Greg Abbott has filed a criminal
complaint against a West Texas immigration consultant who scammed
hundreds of area consumers and their families out of hundreds of
thousands of dollars for unauthorized legal advice and representation
in immigration matters.
The criminal complaint filed in Midland County Court charges Hilda
M. Armendariz with four counts of violating the state’s notary
public laws in the operation of Midland-based Aplicacion de Oro.
Consumers paid up to thousands of dollars each to have their immigration
cases handled by the company, which was never authorized to provide
legal services or immigration consulting services.
Media links
Criminal complaint against Hilda Armendariz
Aplicacion de Oro
“I have made it very clear that I will actively pursue any
person deceiving innocent consumers,” said Attorney General
Abbott. “Legal issues must be handled by licensed attorneys,
not scam artists looking to turn a quick profit at the expense of
those who want to find a way to lawfully call Texas home.”
The Attorney General warned Armendariz several times that her practices
were unlawful, but after receiving numerous complaints from consumers
about the mishandling of immigration services, the Attorney General
filed civil suit against the company in September 2004 for violations
of the Texas notary public statute and the Texas Deceptive Trade
Practices Act. The operation was permanently shut down in August
2005 when the 238th Judicial District Court ordered Armendariz to
permanently shut down and pay over $292,000 in fines and restitution
for the scam.
The criminal complaint charges Armendariz with four Class A misdemeanors
for misrepresentation of herself as an attorney. She prominently
advertised immigration consulting and services from her offices
across from the Midland County Courthouse. This included applying
for benefits on behalf of consumers, particularly those seeking
permanent residency and work visas before the U.S. Citizenship and
Immigration Service. Aplicacion de Oro’s business cards used
the term “notario publico,” which is another direct
violation of the Texas notary public law.
Texas notaries public are primarily charged with witnessing the
signing of legal documents. In Mexico, however, a “notario
publico” is much like an attorney in the United States, licensed
to offer legal counsel and to represent citizens in legal matters.
Scam artists have long exploited the misunderstanding between the
term “notary” and the similar-sounding Spanish term
“notario,” which is used in Latin America to refer to
highly specialized attorneys. Texas law specifically prohibits notaries
public from providing immigration services unless they are accredited
by the U.S. Department of Justice’s Board of Immigration Appeals.
One of her customers lost over $1,600 in the immigration-services
scam. The Midland woman’s son was in the military and married
a woman in Germany. When they returned, his mother hired Armendariz
to file immigration papers and secure a work visa for her new daughter-in-law
after seeing Aplicacion de Oro’s advertisement in the phone
book under “Immigration and Naturalization Consultants.”
“All that we have from Hilda are copies of cancelled checks
totaling over $1,600,” the woman said in an affidavit. “We
have confirmed with INS that there is nothing on file.”
Another Midland consumer lost hundreds of dollars when she hired
Armendariz to help file immigration forms for her husband. The woman
testified that Armendariz would have paperwork delivered to the
company’s office address and then would charge $15 a visit
to pick up the documents. The consumer testified that she did not
know the total amount she paid Aplicacion de Oro because Armendariz
did not always provide receipts.
“I did take two or three money orders, but she filled them
out,” the woman testified through an interpreter during the
civil trial. “I wanted to get the legal documents for my husband
so he could come across to the United States.”
One Midland couple received a letter from Armendariz threatening
criminal charges if they did not pay $830 in unidentified fees.
An arraignment hearing for Armendariz is set for March 30. The charges
against her are Class A misdemeanors, and she could face up to a
year in jail and a fine of up to $4,000.
Since assuming office, Attorney General Abbott has become a national
leader in halting businesses that prey upon unsuspecting consumers.
He has shut down more than 30 businesses that are not authorized
to provide legal advice regarding immigration matters. For additional
information or to file a complaint against a suspected unauthorized
immigration consulting operation, consumers can contact the Office
of the Attorney General at (800) 252-8011 or visit the Web site
at www.oag.state.tx.us. Assistance is available in English and Spanish.
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