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Avoid Misleading Online Businesses and Fees

Written by on September 19, 2011 · 1 Comment

In recent weeks, USCIS has received a large number of applications prepared by an online business that charges users to complete their USCIS forms. In most cases, the charge for preparing an application is the same as the USCIS filing fee. When applicants pay these businesses online using an electronic check, the applicant is only paying for the service provided to prepare the application, and not the actual USCIS filing fee. As a result, applicants are attaching a copy of a cashed electronic check when mailing their applications to USCIS. Because the applicant has not paid the USCIS filing fee, USCIS cannot process these applications and must return them to the applicant.

USCIS would like to urge applicants to carefully read the user agreements provided by non-government websites. This information should help the applicant determine what services he or she is paying the online service provider for and minimize the possibility that the application will be rejected for the reasons noted above.

USCIS reminds applicants to avoid:

  • Dot.com websites that identify themselves as being an official government website (Remember:  Official government websites always include “.gov”, not “.com” in the web address)
  • Websites that charge applicants for blank USCIS forms

It is FREE to download USCIS forms on www.uscis.gov or to order forms by calling USCIS at (800) 870-3676.

This has been brought to you by the New Jersey Immigration Attorneys at Garces & Grabler, P.C.

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Categories: Immigration Fraud, Immigration Scams, USCIS

What You Should Know about Common Immigration Scams

Written by on September 5, 2011 · 1 Comment

If you need legal advice on immigration matters, make sure that the person you rely on has authorization to give you legal advice. Only an attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice.

The Internet, newspapers, radio, community bulletin boards and storefronts are filled with advertisements offering immigration help. Not all of this information is from attorneys and accredited representatives. There is a lot of information that comes from organizations and individuals who are not authorized to give you legal advice, such as “notarios” and other unauthorized representatives. The wrong help can hurt. Here is some important information that can help you avoid common immigration scams.

“Notario Publico”

In many Latin American countries, the term “notario publico” (for “notary public”) stands for something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. “Notarios publico,” are not authorized to provide you with any legal services related to immigration.

See the National Notary Association brochure on “What is a Notary Public?” for further information.

Local Businesses

Some businesses in your community “guarantee” they can get you benefits such as a:

  • Visa
  • Green Card
  • Employment Authorization Document

These businesses sometimes charge you a higher fee to file the application than USCIS charges. They claim they can do this faster than if you applied directly with USCIS. These claims are false. There are few exceptions to the normal USCIS processing times.  Visit the National Processing Volumes and Trends page at the USCIS website for more information.

Dot-com websites

Some websites offering step-by-step guidance on completing a USCIS application or petition will claim to be affiliated with USCIS. USCIS has its own official website with:

  • Free downloadable forms
  • Form Instructions
  • Information on filing fees and processing times

Do not pay for blank USCIS forms either in person or over the Internet.

Visa Lottery

Once a year, the Department of State (DOS) makes 50,000 diversity visas (DVs) available via random selection to persons meeting strict eligibility requirements and who come from countries with low rates of immigration to the United States. During this time, it is common for immigration scammers to advertise in emails or websites that reference either the:

  • DV lottery
  • Visa lottery
  • Green Card lottery

These emails and websites often claim that they can make it easier to enter the annual Diversity Immigrant Visa Program, for a fee. Some even identify you as a DV lottery “winner.”

These emails and websites are fraudulent. The only way to apply for the DV lottery is through an official government application process. DOS does not send emails to applicants. Visit the Department of State website to verify if you are actually a winner in the DV lottery or for information on how to submit an application for a DV lottery visa.

INS or USCIS?

To this day, some local businesses, websites and individuals make reference to the Immigration and Naturalization Service (INS). This agency no longer exists!

INS was dismantled on March 1, 2003, and most of its functions were transferred from the Department of Justice to three new components within the newly formed Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection.

All official correspondence regarding your immigration case will come from USCIS.

Contact the New Jersey Immigration attorneys at Garces & Grabler, P.C. for help with your immigration matters.

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Categories: Immigration Fraud, Immigration Scams, U.S. Citizenship, USCIS

What is Advance Parole?

Written by on July 28, 2011 · 1 Comment

Advance Parole is permission granted to qualified foreign nationals to allow them to re-enter the United States after temporarily traveling abroad.

Individuals who are not U.S. citizens, do not have valid immigrant visas, and have pending applications for certain immigration benefits are required to apply for a travel document and be approved for Advance Parole prior to leaving the United States in order to avoid termination of their pending applications.

To determine if you should apply for Advance Parole, see Who May File Form I-131? section on Form I-131 (Application for Travel Document).

What is Form I-131 used for?

Form I-131, Application for Travel Document, is used to apply for three different types of travel documents:

  • Advance Parole
  • Refugee Travel Document
  • Re-Entry Permit

For more information on how to apply for any of these travel documents, follow the link to the document Form I-131 (Application for Travel Document).

Advance Parole

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending.  If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

Advance Parole for Asylees

An asylum applicant who has a pending Form I-589, Application for Asylum and for Withholding of Removal, and has not received a final decision may be allowed to travel outside the United States.

If you are an asylum applicant and you intend to travel outside the United States and return you must apply for and receive advance parole.  If you leave the United States without first obtaining advance parole, we will presume you abandoned your asylum application.

Advance parole does not guarantee that you will be allowed to reenter the United States, rather, an immigration inspector from U.S. Customs and Border Protection (CBP) must inspect you and determine whether you will be allowed to reenter the United States.

Refugee Travel Document

A refugee travel document is issued to a person who has been granted refugee or asylum status, or to a permanent resident who obtained a green card because they were a refugee or asylee.

If you hold refugee or asylee status and are not a permanent resident, you must have a refugee travel document to return to the United States.

Derivative asylees and refugees must also obtain a refugee travel document before leaving the United States.

If you do not obtain a refugee travel document in advance of departure, you may be unable to re-enter the United States, or you may be placed in removal proceedings before an immigration judge.

Re-entry Permit

A re-entry permit allows a permanent resident or conditional resident to apply for admission to the U.S. upon returning from abroad during the permit’s validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate. Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more.

If you are not a United States citizen and have to travel outside the U.S., read the article on Emergency Travel to find out what steps you have to take to file the correct forms to re-enter the U.S.

This information is brought to you by the New Jersey Immigration Attorneys at Garces & Grabler, P.C.

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Categories: Immigration, USCIS

New Jersey Woman Admits Defrauding Dozens of Immigrants by Posing as a Federal Official

Written by on July 6, 2011 · 40 Comments

A Kearny, N.J., woman who posed as a government official pleaded guilty today to a 23-count superseding Indictment, admitting that she orchestrated a scheme to defraud dozens of immigrants out of hundreds of thousands of dollars by pretending she could help them become United States citizens, U.S. Attorney Paul J. Fishman announced.

Rosa Blake, a/k/a “Mafalda,” a/k/a ‘Rosa Vareiro,” 55, pleaded guilty to six counts of wire fraud, 10 counts of impersonation of a government official, and seven counts of money laundering. Blake entered her guilty plea before U.S. District Judge William H. Walls in Newark federal court.

According to documents filed in this case and statements made in Newark federal court:

From at least May 2004 to April 2009, Blake targeted dozens of victims who required official government action to obtain permanent legal status in the United States. Blake falsely represented to her victims that she worked for federal immigration authorities and promised to provide or expedite approval of their immigration paperwork, including permanent residency documents, or “green cards,” and employment authorization documents.

Blake would often instruct her victims to meet her at her home, where she would take their identification papers and payment for her “services.” Occasionally, Blake would meet her victims wearing what appeared to be official government credentials around her neck. She would sometimes show them official-looking papers with what appeared to be letterhead and insignias of federal immigration authorities, which she would have them sign. Blake would never permit her victims to retain or make copies of the papers. She would then tell her victims that in a matter of several months, they would receive employment authorization documents in the mail, followed by green cards.

Blake did not take any of the promised actions on behalf of her victims, but kept their money for her personal use. She spent thousands of dollars from her scheme on luxury clothing, including multiple fur coats; designer clothing and shoes; and a BMW. She also gambled hundreds of thousands of dollars at Atlantic City casinos.

When victims realized they had not received any documents from Blake, they would often attempt to contact her to check on the status of their applications. Blake threatened them, saying, among other things, that she had the power to have the victims deported at any time, even in the middle of the night, and that she was a dangerous person. She also said that she knew her victims’ personal information, where they lived and who their relatives were; and that they would never see their children again once they were deported. She told victims that because they were illegal immigrants, they could not stop Blake from having them deported, nor report her to any other government authority.

Each count of wire fraud carries a maximum potential penalty of 20 years in prison, each count of impersonation carries a maximum potential penalty of three years in prison, and each count of money laundering carries a maximum potential penalty of 10 years in prison. Additionally, each of the 23 counts to which Blake pleaded guilty carries a maximum $250,000 fine. Sentencing is scheduled for October 4, 2011.

Source: www.justice.gov

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Categories: Illegal Immigration, Immigration, Immigration Fraud, Immigration Law

Six Charged In New Jersey With International Alien Smuggling Conspiracy

Written by on June 15, 2011 · 60 Comments

NEWARK, N.J. – Six alleged members of an international alien smuggling scheme face federal charges for bringing hundreds of aliens from Brazil, India, and elsewhere into the United States, New Jersey U.S. Attorney Paul J. Fishman announced.

The Complaint charges Nacip Teotonio Pires, a/k/a “Ze Maria,” a/k/a “Baraso,” 47, of Newark; Rubens Da Silva, a/k/a “Diogo Oliveira,” 39, of Haverhill, Mass.; Sanderlei Alves DaCruz, a/k/a “Kauan,” a/k/a “Beicinho,” 31, of Houston; Francismar Da Conceicao, a/k/a “Alex,” 36, of Hillside, N.J.; Claudinei Pereira Mota, 34, of Newark; and one unnamed individual: Priscilla LNU, a/k/a “Clema Aparacida Lopes,” of Long Branch, N.J. Each defendant is charged with one count of conspiracy to bring aliens into the United States illegally.

Pires and Da Conceicao were arrested on June 10, 2011, in Newark; Da Silva and DaCruz were arrested the same day in Haverhill and Houston, respectively. All four were arrested for administrative immigration violations as part of a coordinated effort to prevent their flight from prosecution. Mota was arrested in Newark for similar immigration violations on June 13, 2011. The sixth defendant remains at large.

Pires, Da Conceicao, and Mota are expected to appear this afternoon before U.S. Magistrate Judge Claire C. Cecchi in Newark federal court. Da Silva is scheduled to appear this afternoon before U.S. Magistrate Judge Marianne B. Bowler in Boston, and DaCruz will make an initial appearance in Houston federal court.

According to the Complaint:

From January 2008 through June 2011, the defendants conspired with each other and others to bring aliens into the United States illegally from Brazil, India, and elsewhere as part of an elaborate for-profit alien smuggling scheme that involved co-conspirators in New Jersey, Massachusetts, Texas, and elsewhere. As part of the scheme, the defendants arranged, facilitated, and monitored the travel of customers along two primary smuggling routes – the first of which included travel through central America and across the international border between Mexico and the United States. The second route included travel through St. Maarten, the Virgin Islands and Puerto Rico.

Through the authorized interception of the co-conspirators’ cell phone calls, the use of confidential sources of information, and other means, law enforcement agents learned that the defendants charged customers of the alien smuggling scheme from $13,000 to more than $25,000 – depending on the route the customer used and whether the customer paid in advance or in installments after arriving in the United States.

Many of the customers of the scheme were young women from Brazil, most of whom agreed to repay part of their smuggling debt after arriving in the United States by working as dancers in strip clubs in Newark and elsewhere. Some women who fell behind on their debt repayment were urged to engage in prostitution to earn extra money. The defendants induced customers to pay by threatening to harm family members and by obtaining title to property the customers owned in their home countries.

The defendants also instructed customers who were caught crossing the border illegally to concoct false asylum claims and falsely report that they would be abused or face other danger if immediately deported.

The count with which each of the defendants are charged carries a maximum potential penalty of 10 years in prison and a $250,000 fine.

U.S. Attorney Fishman credited special agents of the U.S. Department of Homeland Security’s Immigration and Customs Enforcement, Homeland Security Investigations (ICE HSI), under the direction of Special Agent in Charge Peter T. Edge, for the investigation leading to the charges.

U.S. Attorney Fishman stated: “Alien smugglers make big business of exploiting dreams and treating people as human cargo. Smuggling routes snake around the globe, with facilitators and customers colluding to commit crimes. Our job is to protect both our borders and the vulnerable victims of this pervasive practice.”

Special Agent in Charge Edge stated: “This investigation has shown the callous disregard for human life exhibited by people taking advantage of others for profit,” said Peter T. Edge, Special Agent in Charge of ICE HSI in Newark. “Those who engage in such acts will be held accountable.”

The charge and allegations contained in the Complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

Source: www.justice.gov

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Categories: Illegal Immigration, Immigration Fraud, Immigration Law, USCIS

New Jersey Man Admits Lying To Become A United States Citizen

Written by on June 8, 2011 · 74 Comments

An Edison, N.J., man admitted June 7 that he committed a crime when he lied in order to become a citizen of the United States, U.S. Attorney Paul J. Fishman announced.

Alaa El Saadawi, 40, entered a guilty plea to one count of making a false statement to and concealing a material fact from the United States – Count One of the Indictment against him. El Saadawi entered his guilty plea before U.S. District Judge Dennis M. Cavanaugh in Newark federal court.

According to documents filed in this case and statements made in court:

El Saadawi filed an Application for Naturalization form, Form N-400, with the Immigration and Naturalization Service on August 8, 2001, for the purpose of obtaining United States citizenship. The form asked whether El Saadawi had ever knowingly committed any crime for which he had not been arrested. El Saadawi answered “no” to that question.

On July 10, 2002, in furtherance of his naturalization process, El Saadawi appeared before a District Adjudications Officer in New Jersey and was placed under oath. El Saadawi admitted that while under oath, he again denied ever having committed a crime for which he had not been arrested. However, El Saadawi had committed a crime when he conspired with others to fail to file an accurate report as required by law in connection with taking $659,000 out of the United States in April 2002.

Following his interview with the District Adjudications Officer, El Saadawi became a citizen of the United States.

The charge to which El Saadawi pleaded guilty carries a maximum potential penalty of 10 years in prison and a $250,000 fine. The Federal Sentencing Guidelines, however, call for a term of months to be determined based on criminal history and other factors. Sentencing is currently scheduled for September 26, 2011.

U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward, as well as the other members of the Newark Joint Terrorism Task Force (JTTF). The JTTF is made up of agents and officers of the U.S. Department of State, U.S. Department of Homeland Security’s Immigration and Customs Enforcement, U.S. Department of Homeland Security’s Customs and Border Protection, New Jersey State Police, Jersey City Police Department, Bayonne Police Department, Port Authority of New York and New Jersey, and other law enforcement agencies.

The government is represented by Assistant U.S. Attorneys Margaret Ann Mahoney, Senior Litigation Counsel, and Andrew Kogan of the U.S. Attorney’s Office National Security Unit in Newark.

Source: www.justice.gov

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Categories: Immigration Fraud, Naturalization, U.S. Citizenship

Working in the United States – Temporary Visitors for Business

Written by on January 23, 2011 · 70 Comments

To visit the United State for Business you will need to obtain a Temporary Visitors for Business Visa, unless you qualify for admission without a visa under the Visa Waiver Program.

The table below describes the different classifications of temporary business visitors. For more information on eligibility and the application process, see the links under “Temporary Visitors for Business” to the left.

Temporary Visitors for Business
B-1 Temporary business visitor to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference
WB Temporary visitor for Business admitted under Visa Waiver Program
GB

 Temporary visitor for Business (limited to Guam)
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Categories: Immigration, Immigration and Employment, Temporary Visas, USCIS, Visas

Working in the United States – Information for Employers and Employees

Written by on January 23, 2011 · 39 Comments

Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. For more information about the employment authorization verification process, see the “About Form I-9 and E-Verify” link to the right.

As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification.  You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.

Employees

No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.

U.S. Federal Tax Information

Employers who employ foreign workers may be subject to special U.S. Tax withholding rules.

Aliens employed in the U.S. may have a U.S. tax obligation.  Please see the Internal Revenue Service (IRS) for more information.

Additional Information

  • General employer information:  1-800-357-2099
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Categories: E-Verify, Employment Eligibility, Employment Eligibility Verification, Immigrant visas, Immigration, Immigration and Employment, USCIS, Visas

Working in the United States – Students and Exchange Visitors

Written by on January 22, 2011 · 30 Comments

The United States welcomes thousands of foreign students and exchange visitors every year.

If you wish to pursue full-time academic or vocational studies in the United States, you may be eligible for one of two nonimmigrant student categories.  The “F” category is for academic students and the “M” is for vocational students.

If you wish to participate in an exchange program you may be eligible for the “J” category for exchange visitors. The J visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs.

U.S. Federal Tax Information

Aliens temporarily present in the United States as students, trainees, scholars, teachers, researchers, exchange visitors and cultural exchange visitors are subject to special rules with respect to the taxation of their income.

Students

Academic and Vocational
(F and M visas)
F-1 Academic students
F-2 Spouses and children of F-1
F-3 Canadian or Mexican national academic commuter students
M-1 Vocational students
M-2 Spouses and children of M1
M-3 Canadian or Mexican national vocational commuter students
Exchange Visitors
(J visas)
J-1 Exchange visitors
J-2 Spouses and children of J-1

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Categories: Immigration, Immigration and Employment, USCIS, Visas

Working in the United States – Permanent Workers

Written by on January 21, 2011 · 57 Comments

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States. The five employment-based immigrant visa preferences (categories) are listed below.

Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). The DOL labor certification verifies the following:

  • There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
  • Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers

U.S. Federal Tax Information

Aliens employed in the U.S. may have a U.S. Tax obligation.

Permanent Worker Visa Preference Categories

Preferences General Description Labor Certification Required?
First Preference EB-1 This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. No
Second Preference EB-2 This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business. Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)
Third Preference EB-3 This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.) Yes
Fourth Preference EB-4 This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens. No
Fifth Preference EB-5 This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. No

Contact the New Jersey Immigration Attorneys at Garces & Grabler, P.C.

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Categories: Immigrant visas, Immigration, Immigration and Employment, USCIS, Visas

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