New York Attorney General Letitia James today announced an agreement that will stop a fraudulent immigrant assistance service provider who misled and threatened immigrants. An investigation by the Office of the Attorney General (OAG) found that Jacquelin Mercado, an immigrant assistance service provider in Yonkers, fraudulently claimed to be an attorney licensed in the United States, illegally offered legal advice, intimidated at least one customer by threatening to report them to immigration authorities, and violated New York’s immigrant protection laws from June 2020 to July 2022. As a result of today’s agreement, Mercado will pay nearly $10,000 in restitution to four different customers in Westchester and New York City, stop all false advertising of her services, and fully comply with the law.
“New Americans starting their lives in this country often need help navigating our immigration system,” said Attorney General James. “Jacquelin Mercado took advantage of that fact and used her position to intimidate and scam immigrants who relied on her for assistance and support. Every New Yorker, especially our most vulnerable, deserves to be treated with dignity and respect and should be confident that the services they pay for are legitimate. I encourage any immigrant who thinks they may have been taken advantage of to contact my office and help us ensure bad actors and scammers are taken down.”
Immigrant assistance service providers can help their customers by translating documents and providing other support with forms and applications. However, they are not attorneys and cannot provide legal advice or representation. New York law requires providers to follow certain rules — including posting signs explicitly stating they are not attorneys — to protect immigrants from scams and fraud.
An investigation by OAG found that Mercado was in violation of numerous provisions of New York’s Immigrant Assistance Service Enforcement Act. From at least June 2020 to July 2022, Mercado fraudulently posed as a lawyer and used the title “attorney at law” even though she was not licensed to practice law in the United States. Mercado also unlawfully offered legal advice, potentially putting her customers in danger. The OAG’s investigation also found that she had threatened to report at least one customer to immigration authorities and threatened to undermine their efforts to secure lawful immigration status.
As a result of today’s agreement, Mercado must immediately stop all false advertising, explicitly state in any advertisements that she is not a licensed attorney, and pay restitution to four different customers totaling $9,946.48. In addition, Mercado must fully comply with all laws governing immigrant assistance service providers, including posting the necessary signs informing customers of their rights, updating her contracts to include language informing customers that she is not an attorney and cannot offer legal advice, and obtaining the necessary financial surety to make sure customers seeking refunds or compensation for damages will be paid.
Attorney General James is committed to protecting immigrants and all vulnerable New Yorkers. Anyone who believes they may have been the victim of fraud is encouraged to report complaints by filling out a complaint form or calling 1-800-771-7755. Any identifying information provided to the office will be protected according to state law and policies on the safeguarding of identifying information.
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