Government

Attorney General Abbott Sues To Halt Houston Woman From Providing Unauthorized Immigration Services

By Greg Abbott, Attorney General of Texas

February 11, 2005

Elvia Diaz advertised in church bulletins, put clients in danger of deportation

AUSTIN – Texas Attorney General Greg Abbott today announced he is suing a Houston woman for charging hundreds of Hispanic consumers hundreds of dollars per person for unauthorized legal advice, document preparation and other immigration-related consulting services.

Elvia Diaz, who advertised in church bulletins and flyers, told clients she could get them work permits and other documents in as little as three months. Instead, she frequently filed applications incorrectly, causing her clients to miss critical deadlines and putting them in danger of deportation.

“I am determined to stop scam artists like this woman who imperil the lives and futures of people who want to call Texas home,” said Attorney General Abbott, who obtained a temporary restraining order against Diaz. “Texas law is quite clear about who is authorized to provide immigration consulting services, and those who disregard the law will be brought to justice.”

According to the lawsuit, which alleges violations of the Texas Deceptive Trade Practices Act, Diaz charged clients between $400 and $1,500 per person for immigration services she was not authorized to provide. In Texas, only licensed attorneys and nonprofit organizations specifically accredited by the U.S. Department of Justice’s Board of Immigration Appeals (BIA) can charge fees to advise and represent clients in immigration matters.

Whether consumers were trying to obtain residency, a work permit or citizenship status, she assured them they qualified and offered to fill out the appropriate applications to submit to U.S. Citizenship and Immigration Services. Several former clients reported their applications were returned multiple times because of incorrect addresses or incorrect fee amounts.

Diaz charged one Jefferson County woman $2,000 to fill out immigration paperwork for her and her five children. She continually addressed the woman’s petition to the wrong location, causing it to be returned at least 13 times. When the woman received a letter denying her application for permanent residency, she tried to seek advice from Diaz, but found her office closed and was unable to contact her by phone.

“I wish Ms. Diaz could feel the heartache, suffering and stress I have had to feel as a result of doing business with her and the fear of having myself and my family deported – not to mention all the money she charged me to do things that were not necessary or correct,” the woman said in her affidavit filed with the lawsuit.

A Houston man paid Diaz $800 to file immigration papers for himself, his wife and his daughter. The paperwork was returned by federal officials about 20 times over a two-year period before the man was informed he and his family members’ permanent residency applications had been denied.

“I wish I had never trusted Ms. Diaz with my family’s future, but because I did, I do not know whether we will be able to stay in the United States or have to return to Mexico,” the man said in his affidavit.

The lawsuit also alleges Diaz, a notary public, violated the Texas notary public statute by advertising that she was a “notaria pública.” In Texas a notary public is an official witness during the signing of certain documents, but in Mexico the term “notaria pública” is used to address certain highly experienced attorneys. Scam artists in Texas have long exploited this mistranslation to give Spanish-speaking clients the mistaken impression they are dealing with an attorney.

Former or current clients of Diaz who are interested in obtaining their files can contact the Office of the Attorney General at 1-800-252-8011. Consumers can also call that number to file a complaint against any other suspected unauthorized operation. Assistance is available in Spanish and English.

Attorney General’s lawsuit against Elvia Díaz at
http://www.oag.state.tx.us/newspubs/releases/2005/021005ediaz1.pdf

Temporary restraining order against Elvia Díaz at
http://www.oag.state.tx.us/newspubs/releases/2005/021005ediaz2.pdf

Information on this and other topics is available on the Attorney General's Web site at www.oag.state.tx.us.

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