June 11, 2026

What to Do If Your Immigration Attorney Is Facing Disciplinary Action or Fraud Charges

By Wendy R. Barlow, Esq. | Partner at Cohen, Tucker + Ades Specializing in Complex Immigration Matters

Discovering that your immigration attorney is under investigation, has been arrested, or is facing disciplinary action for fraud can be an absolute nightmare. Your legal status, your family’s safety, and your future in the United States suddenly feel like they are standing on thin ice.

If your previous lawyer is accused of “notario” scams, filing fake asylum or VAWA applications or submitting falsified documents without your knowledge, you are likely wondering: Is my immigration status at risk? Will I be deported because of my lawyer’s actions?

At Cohen, Tucker + Ades, we have been helping individuals navigate complex immigration challenges since 1964. We know how terrifying this situation is. Here is exactly what you need to know and the immediate steps you must take to protect your American dream.

1. Understand How the Government Views Your Case

If an attorney is caught committing fraud, U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) will heavily scrutinize every single case that lawyer ever touched.

Even if you had absolutely no idea your lawyer was doing something illegal, the government may presume that your application contains fraudulent information.

The Risk: Your pending applications could be summarily denied, your approved green card could be revoked, or you could be placed in removal (deportation) proceedings.
The Reality: You cannot ignore this. You must act proactively to show the government that you were a victim, not a co-conspirator.

2. Immediate Steps to Protect Your Legal Status

If you find out your attorney is facing criminal charges or state bar discipline, follow this sequence immediately:

Step 1. Secure Your Complete Client File

Do this immediately.

You have a legal right to your entire case file. Request a complete copy of everything your attorney submitted to the government, including all forms, receipts, and supporting evidence. If the office has closed or the attorney is incarcerated, try to get your receipt numbers from past notices.

Step 2. Obtain Your Freedom of Information Act (FOIA) Record:

Takes 4-24 weeks.

If your lawyer’s office is unreachable, your new legal team can file a FOIA request with USCIS and the Executive Office for Immigration Review (EOIR). This forces the government to give us a copy of everything they have on file for you, allowing us to see exactly what fraudulent documents or statements your previous lawyer may have submitted.

Step 3. Hire a Trusted, Licensed Immigration Law Firm:

Crucial for defense.

Do not try to fix this yourself, and do not hire another unverified “notario.” You need an established firm with extensive experience in Appeals, Motions, and Deportation Defense to review your files, identify the damage, and build an aggressive defense strategy.

Step 4. File a Formal Complaint and Notify the Government:

Proves you are a victim.

To protect yourself from being accused of fraud, you may need to file a formal complaint against the fraudulent attorney with the state bar association or law enforcement. This provides the legal foundation to prove to immigration judges or USCIS officers that you were an innocent victim of ineffective assistance of counsel.

3. Legal Solutions: Can Your Immigration Case Be Saved?

Yes, your case can often be saved, but the legal pathway depends on where your case currently stands.

If Your Case Is…	What Happens Next	The Legal Solution
Pending with USCIS	USCIS will likely issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).	We can submit a comprehensive response, withdrawing any tainted applications and refiling accurate paperwork.
In Immigration Court	The judge will look at past filings with deep suspicion, putting you at risk of an order of removal.	We can file a Motion to Reopen or seek a continuance based on a Lozada claim (ineffective assistance of counsel) to clean your record.
Already Approved (Green Card/Asylum)	The government can move to revoke your status if they believe it was obtained via fraud.	We can defend your status by demonstrating your independent eligibility and filing for waivers of inadmissibility if necessary.

Crucial Legal Precedent: Under a landmark case called Matter of Lozada, you have the right to reopen or fix your case if your previous lawyer’s incompetent or criminal behavior severely harmed your proceedings. However, Lozada requires meeting strict procedural hurdles—missing even one detail can result in a permanent denial.

Don’t Let a Fraudulent Lawyer Ruin Your Future

Discovering your lawyer broke the law is devastating, but panic won’t save your status—action will. The worst thing you can do is wait for USCIS or an immigration judge to catch the error and accuse you of lying. By coming forward proactively with an experienced legal team, you can separate yourself from your corrupt attorney and preserve your path to citizenship.

At Cohen, Tucker + Ades, we have spent over 60 years threading the complex labyrinth of U.S. immigration law. We specialize in complex litigation, appeals, and fixing the mistakes of dishonest or negligent representatives.

Contact Cohen, Tucker + Ades today to schedule a confidential consultation. Let us review your file, uncover what went wrong, and chart a safe, honest path forward.

About the Author

Wendy R. Barlow, Esq.is a Partner at Cohen, Tucker + Ades, P.C. with nearly 20 years of experience in high-stakes immigration litigation. A graduate of the Maurice A. Deane School of Law at Hofstra University, Wendy is admitted to practice in New York and New Jersey as well as before the U.S. Supreme Court and multiple Federal Circuit Courts. Wendy is recognized for her ability to handle cases that many consider insurmountable.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

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