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Updates

Revisiting 245i: Adjustment of Status For Those In Unlawful Presence

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First off, this section 245i applies only to those with approved family or employment petitions whose priority dates are current, and are present in the United States in unlawful status.

How can they obtain their green card without having to leave the United States? Can they adjust their status in the United States applying 245i?

Mary, a Filipino national, entered the United States in December 2000 as a crew-member D visa. She boarded the ship going to the U.S. but eventually she jumped ship upon advice of her U.S. citizen sister who filed a petition for her in March 2001. When the petition of her sister was approved, she was told that she has to wait for more than 20 years before the visa will become available. Mary fell out of status and tried to find ways to obtain legal status.

In 2007, a U.S. employer hired her as a caregiver. She worked for a health care facility and a petition was filed on her behalf. The petition was denied because the petitioner, who filed for bankruptcy in 2008 cannot show proof of ability to pay her salary. Mary suffered depression but recovered. She now is working again as a caregiver.

Recently, she noticed that her sister’s visa petition’s priority date of 2001 is now current. She has been in unlawful status for 20 years and is wondering if she can still get her green card in the United States. Another concern that she has is Trump’s Suspension of Immigration for family based preference petitions which would cover the petition filed by her sister.

What can Mary do?

Section 245(i)

The nation’s immigration law had been remarkably amended during the Clinton Administration. But it was also under President Clinton’s time that thousands of immigrants who were in unlawful presence were able to obtain legal status when he enacted section 245i of the Immigration and Nationality Act.

INA §245(i) allows certain persons to apply for adjustment of status notwithstanding the fact that they entered without inspection, overstayed, or worked without authorization. A person who is not generally allowed to adjust status may do so if s/he is grandfathered under §245(i) provided that: (1) s/he is the beneficiary of a labor certification or visa petition under section 204 (including I-140, I-130, I-360, I-526) that was filed on or before Jan. 14, 1998; or (2) s/he is the beneficiary of a labor certification or visa petition that was filed after Jan. 14, 1998 but on or before Apr. 30, 2001, and he or she was physically present in the U.S. on Dec. 21, 2000.

To be grandfathered, an immigrant visa petition or labor certification application on or before Apr. 30, 2001 had to be: (1) timely filed; (2) the application had to be “approvable when filed” which is defined as (i) properly filed; (ii) meritorious in fact; and (iii) nonfrivolous.

Those who meet the eligibility requirements even if they are in unlawful status and are generally barred from filing adjustment of status under Section 245A and 245(c) may use this specific provision to obtain the green card.

Those who have immediate relatives (U.S. citizens on behalf of spouses, minor children and parents) as their petitioners may not need 245i to adjust their status because unlawful presence is waived for immediate relatives. This 245i applies mostly to family and employment based preference categories (eg. 1st, 2nd, 3rd and 4th categories).

Since there were numerous unlawfully present individuals who filed visa petitions under the Clinton administration (to take advantage of the 245i provision), and their priority dates of 2001 are now current in 2020, section 245i may allow them now to adjust their status. After 20 years, they can now finally adjust to get their green card.

In the case of Mary, since the petition was filed before April 30, 2001, the priority is now current based on the July 2020 visa bulletin, she will qualify under 245i to obtain her green card in the United States. The Trump Suspension of Immigration will not affect those who are present in the United States, hence, Mary may still file for her adjustment of status.

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 1-888-930-0808; email at law@tancinco.com, www.facebook.com/tancincolaw or check their website at tancinco.weareph.com/old.)

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Updates

FAQs on Trump’s Proclamation Suspending Immigration

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President Trump issued a proclamation “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” This proclamation became effective on April 23, 2020 and will expire 60 days from its effective date.

1. Who is covered by the Proclamation?
The ban applies to any individual seeking to enter the United States as an immigrant who is outside of the United States on April 23, 2020 and does not have a valid immigrant visa on the effective date, and is not in possession of a valid travel documents (such as a transportation letter, boarding foidl or advance parole document) effective on or after the date of the temporary suspension.

Those severely affected are those outside the United States who are immigrant applicants.

2. Who are exempt from the suspension of immigration?
Among others, these are the categories of individuals who are not affected by the Proclamation:

  • Those adjusting status in the United States.
  • Green card holders or immigrant visa holders at the time of the proclamation. If an individual is already in possession of an immigrant visa or green card before the Proclamation, they can still travel back to the United States.
  • Those with temporary travel documents can still enter the U.S. Examples are individuals in possession of transportation letters issued by the U.S. Embassy, re-entry permits and advance parole issued by the U.S. Citizenship and Immigration Services (USCIS)
  • Health care workers, professionals and other essential medical workers alleviating the effects of COVID-19 are exempt
  • Temporary visa holders such as tourists, student visa holders and working visa holders. They can still enter the U.S. if their visas are still valid.
  • Minor children (below 21 years old) and spouses of U.S. citizens may still continue to be processed for their immigrant visas and travel to the U.S.

3.  A tourist visa holder plans to visit his U.S. citizen parent during this pandemic, will he still be allowed to enter the United States?
Yes. As long as the tourist visa is still valid, the traveler may still enter the United States as tourist visa holders are non-immigrant visa holders that are not covered by the Proclamation.

4. Are other non-immigrant visas such as student visa holders or those with working visas still allowed to enter?
Yes. As long as the student visa and working visa holders have valid visas, they will still be considered and permitted to enter the United States. For those with working visas, considering the COVID-19 pandemic, they have to make sure that they still have jobs from their U.S. employers to avoid the technicality of having the working visa be declared void. This refers to working visas that are employer specific such as the professional H1B visas.

5. A beneficiary of an approved visa petition was issued a printed immigrant visa on his passport after an interview with the consular officer at the U.S. Embassy. He was not able to enter travel to the U.S. yet and now wants to plan on going to the U.S. He is afraid that the Trump Proclamation will apply to him and would result in his inability to travel to the U.S. Will this individual be prevented from entering the United States because of the Proclamation?
No. The Proclamation does not affect those who are in possession of immigrant visas. Although he has not received his actual green card, he is considered to have gone through a completed process for him to be considered as an immigrant visa holder, hence, he can travel to the United States.

6. If the individual who was issued an immigrant visa by the U.S. Embassy is not ready to travel to the United States during this COVID-19 pandemic, will he risk losing his immigrant visa by revocation?
No. Valid immigrant visas issued before the proclamation and that were not used for travel will not be revoked under this Proclamation. This was confirmed by the Department of States.

7. An adjustment of status applicant left the United States for a temporary visit abroad, will this adjustment applicant be able to return with his advance parole document ?
Yes. An advance parole is considered as a travel document not covered by the Proclamation, hence this individual may travel back to the U.S. using his advance parole document.

8. A lawful permanent resident plans to file a visa petition for his minor children, will he be permitted to file a visa petition with the USCIS?
Yes, lawful permanent residents may still file for visa petitions on behalf of their minor children. What the Proclamation prohibits is the issuance of visas for these individuals. The proclamation exempts only minor children and spouses of U.S. citizens.

9. A visa petition was approved for a parent of a U.S. citizen. The parent was already interviewed before the Proclamation effectivity date of April 23, 2020 but no visa has been issued yet. Can this parent follow up on the issuance of his visa and travel to the United States?
No. Clearly under the Proclamation, parents of U.S. citizens who have not been issued visas or are not in possession of visas and may not be allowed to immigrate for 60 days from April 23, 2020. They are covered by the Proclamation and are not exempt from the ban.

10. Following up on question number 9, what if the parent of a U.S. citizen has a valid tourist visa, can he travel on a tourist visa?
While tourist visas are not covered by the Proclamation, an immigrant visa applicant especially one who was already interviewed by the consular officer may risk being denied entry to the U.S. not based on the Proclamation but as an intending immigrant.

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Updates

Green Card Holders Unable to Timely Return to the U.S.

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We have heard of some clients who are unable to return to the U.S. after a temporary visit abroad – for example to the Philippines – due to COVID-19 related reasons. Either (1) they cannot get a flight back to the U.S. or (2) their health situation makes them vulnerable to contracting the corona virus or (3) they already have the corona virus. What will be the impact of their extended stay outside to the U.S. to their status as green card holders?

Let’s look at 3 scenarios:

First, the green card holder has been in the Philippines for more than 6 months. What will happen when s/he finally returns to the U.S?

If you are returning after more than 6 months, there will be the usual strict scrutiny by the CBP officer because you are considered to be seeking admission. Meaning to say, your green card is not just sufficient for entry, they will have to look whether or not there are reasons to deny your entry. But if you mention that the COVID-19 circumstances had prevented you from returning, more likely than not you will have no problem entering the U.S.

Second, the green card holder has been outside the U.S. for more than 12 months.

If you are a green card holder, you should not stay outside the United States for more than 1 year. So what happens if you stayed for more than a year, you will be deemed to have abandoned your residence. You need to obtain the SB-1 or returning resident visa from the U.S. Embassy and explain that your reason for untimely return is a COVID-19 related reason; more likely than not, you will be granted a returning resident visa as long as there is no proof that you have abandoned your resident status in the U.S. If you are in a rush to return and you flew in the U.S. without the returning resident visa, you will be asked by CBP to explain your absence for one year and they may allow you in anyway if it is a COVID-19 related reason.

Third, the re-entry permit of the green card holder already expired.

The same as scenario 2. If you have COVID-19 related reasons, you can return to the U.S. by obtaining a returning resident visa, or flying to the U.S. without it and explaining to the CBP officer that COVID-19 related reason had prevented you from returning. Again, you should show that you have not abandoned your U.S. residence even if you stayed abroad during the validity of your re-entry permit and beyond.

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Updates

Visas for Spouses & Minor Children of Green Card Holders Available for December 2019

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Normally, one has to be a U.S. citizen to be eligible to file a simultaneous I-130 petition and I-485 application for adjustment of status. Petitions by U.S. citizens on behalf of spouses, parents and minor children are considered as immediate relatives and visas are immediately available. In the last couple of months, the Visa Bulletin under the F2A visa category which covers petitions by green card holders for their minor children and spouses is reflecting a “current” visa availability. Filipinos who are green card holder petitioner’s in certain circumstances may also file simultaneous I-130 petition and I-485 adjustment of status under the F2A visa category.

Claire was petitioned by her mother under the F1B visa category. Her mother is a U.S. citizen who waited for more than 10 years before Claire was able to immigrate to the U.S. under the F1B visa petition. Claire has a minor child, Jason, but was not married to Nico, the father of her child.

When Claire immigrated in 2018 to the United States, she was able to take her minor child Jason with her. But Nico was left behind in Manila. Recently, Nico arrived in the United States on a student visa (F1), he is taking up Masteral Degree related to his career. Claire and Nico recently got married and Claire filed a petition for Nico under the F2A visa category (spouse of a green card holder) on December 1, 2019.

Nico regularly follows and reads the Visa Bulletin issued by the Department of State (DOS) to determine when his visa may become available. He noticed that for the months of F2A, the Final Chart on the Visa Bulletin shows that the F2A has the letter “C” on it. But the Filing Chart shows a 2009 priority date. What does the “C” status on the F2A category mean for Nico? Can Claire now file for his petition and simultaneously adjust his status?

Understanding the Two Charts on the Visa Bulletin

The monthly Department of State Visa Bulletin has two different charts. The DOS will post two charts per visa preference category. The charts are: (1) Application Final Action Dates (dates when visas may finally be issued); and (2) Dates for Filing Applications (earliest dates when applicants may be able to apply).

According to the recently released November 26, 2019 policy guidance, when USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, generally, the Dates for Filing Applications chart will be used to determine when to file an adjustment of status application with USCIS. Otherwise, if the priority is current as indicated on the Application Final Action Dates chart, then the final action date chart must be used to determine when to file an adjustment of status application with USCIS.

This means that despite a cut-off date on Filing Chart (second chart), if the Final Action chart (first chart) shows a “C” or a current priority date for a visa category, the application for adjustment of status may be filed immediately for that specific month.

Going back to the case of Nico, who is the beneficiary of an F2A petition, since the Final Action chart indicates a C (or a current priority date), he may now file for an adjustment of status. This is because the C indicates that a visa is available for the month of December 2019. However, unlike immediate relative petitions of U.S. citizens, unless there is 245(i) eligibility, beneficiaries of F2A petitions must be in lawful status to be able to file for adjustment of status.

(Atty. Lourdes Santos Tancinco, Esq. is an immigrant advocate and a principal partner at the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through this website tancinco.weareph.com/old)

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Updates

USCIS to Recall Incorrectly Dated Green Cards

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On May 14, 2018, USCIS will begin recalling approximately 8,543 Permanent Resident Cards (also known as Green Cards) due to a production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.

USCIS will send notices to individuals who received the incorrect Green Cards and to their attorneys of record, if they have one. The affected individuals should return their incorrect Green Card to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. They may also return their cards to USCIS field offices. USCIS will send replacement Green Cards within 15 days of receiving the incorrect card.

The recall does not affect these Green Card holders’ status as lawful permanent residents. If affected individuals need to travel internationally or prove their lawful permanent residence while they wait for a replacement card, they may contact the USCIS Contact Center at 800-375-5283 to determine if they need additional proof.

Spouses of U.S. citizens may apply for naturalization after three years of permanent residency and must meet other requirements. The incorrect date on these cards could lead applicants to wait longer than necessary to apply to become U.S. citizens.

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Global Pinoy

Green Card holders’ legitimate worries about traveling outside US

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Despite clarifications by government agencies that Green Card holders are good to travel, many Filipino immigrants currently in the United States or those visiting the Philippines are still confused by the conflicting information they are getting, unsure of what to expect upon their return to US ports of entry. The two Filipino cases below are illustrative of the concerns of many Green Card holders.

The first is from 73-year-old “Jose” who plans to visit his relatives in the Philippines:

“I am a green card holder and my card will expire on February 21, 2017. I already filed for naturalization on May 5, 2016 and had my biometrics taken in June 2016. My problem is that I do not have an interview notice yet and I will not have a valid proof of status after February 21, 2017. I want to go the Philippines for a vacation to visit my family, but I am afraid that immigration officials will take me into custody after my return. What should I do?”

Another email was received from “Rose,” asking if Green Card holders would encounter problems returning to the United States, she writes:

“My father-in-law is a Green Card holder and he left for Manila six months ago and he is returning home to US next month. Will he encounter any problem when he re-enters the US? Please advice.”

In the first case of Jose, it will be best for him to obtain his naturalization certificate and get a US passport. Unlike during pre-election time when processing of naturalization was only taking around 3-5 months, the processing for naturalization is now taking an average of 8-9 months (or longer). Since Jose filed his naturalization application in May 2016, he should be expecting his interview notice soon. The fear of traveling and being taken into custody is brought about by recent misinformation. If he wishes to travel without waiting to be naturalized, he should first file for an extension of his Green Card and obtain a new one with a new validity date. It will indeed be difficult these days to travel without proper documents indicating legal status.

In the second case, Rose’s father-in-law, he should be returning to the United States without fear of encountering immigration problems since the Philippines was NEVER a designated country in the Trump Executive Order.

Possessing a Green Card during one’s travel to the United States is generally proof of legal status. But since permanent residents are still non-U.S. citizens, they are still vulnerable to restrictive immigration policies. A number of relevant provisions of US immigration laws may still subject a Green Card holder to ground of inadmissibility; or, removability in cases where there is a history of removable offenses; or, if there was prior fraud or misrepresentation in obtaining the resident status.

A familiar scenario for many elderly Green Card holders is the possible abandonment of resident status. This applies to Green Card holders who live abroad for lengthy periods of time and spend only short, periodic visits to the United States. These Green Card holders must file re-entry permits before departing the United States. Otherwise, they risk a finding of abandonment of their Green Card resident status. If a CBP (Customs and Border Protection) officer finds out that there is a lengthy stay abroad, he may require the Green Card holder to accomplish an abandonment of status form before they are allowed in. This form must never be signed without consulting with an attorney.

With the fast issuance of Executive Orders, haphazard implementation of these orders, ever-changing interpretations of these orders, as well as the spread of fake news, it is now more important than ever to know one’s legal rights and get accurate information from reliable sources.

(Atty. Lourdes S. Tancinco is a San Francisco CA based immigration attorney and may be reached at law@tancinco.com, facebook/tancincolaw, or at 1 888 930 0808 or at 1 415 397 0808)

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Updates

Importance of Renewing Your Green Card Before It Expires

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A few weeks ago, there was a settlement by the State of Arizona in the case of Valle del Sol et al. v. Whiting et al , a lawsuit brought against SB1070 by immigrant rights and civil rights organization. The case was filed against SB1070 for its anti immigrant provisions. Through the settlement, the Arizona local enforcers are now prohibited, among others, from stopping or detaining individuals based solely on ethnicity and race and from questioning them about their immigration status. This is a positive development that prohibits racial profiling. However, despite this new development, the USCIS recently emphasized the importance of maintaining a green card that is valid and not expired.

Proof of Residency

Immigrant visa holders may prove resident status through an I-551 or popularly known as the green card. If the green card is not available, a USCIS temporary I-551 or Alien Documentary Identification and Telecommunication (ADIT) stamp on the passport shall be temporarily accepted. The green card is used as proof of legal immigrant visa status and can be used to re-enter if returning to un-relinquished, lawful permanent residence after temporary absence of less than one year. A copy of a green card is also used to show proof of valid immigrant visa status when petitioning family members.

Renewing the I-551

Permanent resident card or I-551 expires but not lawful permanent resident status every 10 years. At least 6 months prior to its expiration, the permanent resident must file for a replacement I-551 by filing a USCIS Form I-90. This may be filed directly to the USCIS or may be done electronically. If the green card holder has an expired I-551 and is outside the United States, he may not file the Form I-90. He must return to the U.S. and file the I-90. Before returning to the United States, the green card holder with the expired green card must obtain a “boarding foil” or a boarding letter from the USCIS at the US Embassy abroad to allow the person to return to the U.S. Upon arrival in the U.S. this individual may then file for the I-90.

While the I-90 is pending, USCIS must provide an adequate temporary substitution in the form of an endorsed I-94 or an ADIT stamp indicating temporary proof of resident status.

Filing for Naturalization

If the immigrant visa holder has a green card which is expired or has a validity period of less than 6 months, the USCIS will require this individual to first file for an I-90 before filing an application for naturalization is accepted. The proof of filing the I-90 will be the receipt notice and this receipt notice may be presented to the USCIS for an ADIT stamp as proof of immigrant status.

On the other hand, if the individual has a validity of more than 6 months on the I-551 or green card, there is no need to file for renewal or I-90 before filing an application for naturalization.

There is particular provision in the current law where an individual is required to maintain a valid green card. It is a misdemeanor under 8 USC § 1304(e) for a lawful permanent resident to fail to keep his green card at all times. This means that the green card must always have a valid date and must not be expired. Despite the settlement of the lawsuit mentioned above, it important to still maintain a valid green card or risk being charged for a misdemeanor.

(Atty. Lourdes S. Tancinco is a partner at Tancinco Law Offices, a San Francisco based law firm and may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

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Updates

Provisional Waiver New Rules to Benefit More Unauthorized Immigrants

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A significant number of unauthorized immigrants who have been petitioned by U.S. citizen or residents’ relatives or employers still find themselves, after many years, still without legal status. Those who are not eligible, among others, include those who entered without inspection, fiancé visa holders with new partners, as well as those who entered with crewman visas. Generally, for those petitioned in family and employment-based preference categories they may adjust status only if they are in lawful status.

In 2013, the provisional waiver rules was released by the U.S. Citizenship and Immigration Services (USCIS) giving immediate relatives of U.S. citizens who are ineligible to adjust an opportunity to obtain a provisional waiver, leave the U.S. and get their immigrant visa at a U.S. Embassy or consulate abroad. Upon their return, they are considered legal residents after having cured their only ground of inadmissibility which is “unlawful presence” through approval of their provisional waiver. Unfortunately, this 2013 provisional waiver is very limited.

On July 29, 2016 USCIS announced that it is expanding the provisional waiver program. There are five changes to the provisional waiver rules.

First, more unauthorized immigrants may now apply for the provisional waiver and will have the opportunity to legalize their stay in the United States. In 2013, only those with immediate relative petitions were eligible for provisional waiver. Now, in 2016, individuals petitioned in any of the family or employment based preference categories may now apply for provisional waiver. The priority dates of these visa petitions must be current which means that there is an available visa and that the beneficiary does not have any other ground of inadmissibility other than being “out of status”. The Second change in the rule is consideration of additional relatives who may be qualifying relatives. For purposes of the extreme hardship requirement to qualifying relatives, the new rule now permits LPRs or green card holder parents and spouses to be considered for purposes of showing extreme hardship.

Thirdly, besides expanding the scope of petitions covered by the provisional waiver, the new rules also allow those in removal proceedings or those with removal orders to apply for provisional waiver.

Fourth, the new rules now clearly states that USCIS may no longer use the “reason to believe” that there are other grounds of inadmissibility to deny the provisional waiver. In the 2013 rules, despite an apparent eligibility for provisional waiver USCIS nevertheless denied waiver applications based on “reason to believe”. This is now eliminated in the 2016 rules.

Lastly, the Department of State “interview schedule” bar has been eliminated. USCIS may now allow applicants to apply for provisional waiver despite having been scheduled for a visa interview prior to 2013. In eliminating this bar, there will be more applicants who may qualify for the provisional waiver.

Those who may eligible may now prepare to file their applications for provisional waivers in time for the effectivity date of the new rule which is August 29, 2016.

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.comfacebook.com/tancincolaw, or through tancinco.weareph.com/old)

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Global Pinoy

Avoiding immigration scams

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Immigration scams are everywhere. They come around any time, especially, when there are recent announcements of new immigration benefits by U.S. Citizenship and Immigration Services (USCIS).

Alice is a health care professional. She entered the United States using a visitor visa. Although the purpose of her trip was for pleasure, she was convinced by a close relative to consider applying for a working visa. Alice was introduced by her relative to John, supposedly an immigration consultant. John offered to find her a sponsoring U.S. employer and to assist her in getting a green card. John charged a substantial amount of money, and Alice gave John all the money she had left with the hope that she would get a green card. A few weeks passed and Alice never heard from John. Meanwhile, Alice met the administrator of a health care facility who offered her a job for no fee. The lawyer of the health care facility filed the immigration petition and the application for adjustment of status.

During the interview for Alice’s application, she was asked about a prior petition that she filed. Since she never heard from the John, she answered no to the question. The USCIS officer then showed Alice copies of the petitions filed on her behalf. It was not an employment petition as promised by John, but it was a marriage petition filed by a certain “Noel,” a U.S. citizen, who Alice never met. The marriage petition had Alice’s complete and accurate information. Alice denied having knowledge of the marriage petition. Obviously, the marriage petition was fraudulent, Alice’s application for adjustment of status based on her valid employer petition was denied as a result.

The case of Alice involves fraud and misrepresentation. She dealt with a person not authorized to practice law and who obviously was just after her money. It is true that she lost contact with John, but the harm has been done. A fraudulent petition was already filed and these have serious consequences on her future application even if the latter were valid.

The complexity of immigration petitions may vary depending on the nature of the immigration benefit sought. In most cases, the advice and legal assistance of attorney or an accredited legal representative is necessary. Undeniably, there are unscrupulous individuals who may try to exploit the vulnerability of certain applicants for the visa. Scammers may falsely represent “legal” sponsorship through a purported U.S. company, and the innocent victim will pay significant money just to find out that they have no jobs when they arrive in the United States. Some may claim to have “connections” to the USCIS and “guarantees” of positive outcome. Solicitations by those engaged in unauthorized practice of law appear in different media, including social media.

The USCIS consistently warns the public against immigration scams and on its website www.uscis.gov/avoid-scams provides important information for the public to be aware of these scams. It is important that the prospective immigrant exercise due diligence in choosing the right person who will provide the legal assistance. Remember, as the saying goes, the wrong help can hurt you.

(Atty. Lourdes Santos Tancinco, Esq. is an immigration attorney with the Tancinco Law Offices, a San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through her website tancinco.weareph.com/old)