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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.
 
 
 



> 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.

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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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