CIS to increase employer site visits

USCIS has received significant funding for a substantially increased volume of random site visits to employer petitioners. Over the coming year, many thousands more employers will be visited by USCIS, often unannounced.

FDNS (Office of Fraud Detection and National Security) visits are to verify the existence of the employer, discuss the information that the employer has provided to USCIS in their petition(s) and whether the foreign national is working in accordance with the terms of their admission to the USA. Sometimes the visits relate to an approved petition, and sometimes they are used to check information in a pending petition.

Officers commonly ask about the employer’s business; the worksite; the number of employees; whether the employer filed the immigration petition in question; whether the foreign national is actually employed by the employer; the foreign national’s position, job duties and salary; and the foreign national’s qualifications for the position, educational background, previous employment and immigration history, residence and dependents in the United States. Typically, the FDNS officer will want to talk to the HR representative and perhaps also the foreign national.

If you are contacted about an upcoming site visit, please contact your immigration attorney immediately. If you receive an unannounced site visit - please contact us as soon as possible afterwards to discuss. In either situation, it is important to cooperate with the CIS representative as far as possible

Links: FDNS fact sheet

Can I "reactivate" an old green card?

People often wonder if they can enter the United States to work, using a permanent resident card (green card) that they got when they last lived here many years ago. These people have usually been outside the US, in their home countries, for years and are now considering returning to the US. Permanent residence is granted to a person on the basis, not surprisingly, that they intend to reside in the US.

If a permanent resident is going to work outside the US for 6 months or longer, we recommend that they apply for a re-entry permit. This is a document requesting permission to re-enter the US after an extended absence. Requesting a re-entry permit notified CIS in advance that you plan a protracted stay, however that you don't intend to abandon permanent residence.

A person who has returned to their home country for years and now wants to "reactivate" their green card is unlikely to have been filing for re-entry permits. In those situations, it is unlikely that immigration at the airport (CBP) will admit the person as a permanent resident. If CBP questions the traveller and finds out that the traveller has been living outside the US for years, CBP will almost certainly revoke permanent residence and confiscate the card. This is not an unreasonable action if a former permanent resident really has shown the intention of abandoning their US residence. It is likely that the CBP officer who revoke permanent residence will allow the traveller to "withdraw" their application for admission to the US. However, in the worst case scenario, the officer could conclude that the traveller had committed fraud in attempting to enter as a permanent resident. A finding of fraud means a permanent bar to ever entering the US, so this possibility, even if unlikely, should be considered very seriously.

Beware of fake immigration lawyers

The New York Times has posted an article about a Bronx man who had posed as an immigration lawyer for over 15 years, without having any law license. The man is charged with three counts of defrauding clients and faces up to 7 years in jail.

The article reminded me of a case I handled very early in my immigration career, in about 1997. A family came to my then law firm after paying thousands of dollars to a "notario" who promised to help them get permanent residence. The family had no legal basis for permanent residence, however the notario filed bogus asylum claims for them. These asylum applications had no foundation, so they were not surprisingly denied and the family ended up in deportation (as it was called then) proceedings instead.

This was a wonderful extended family, hard-working, involved in the community, active in their church and in volunteer work, and not wealthy. They had spent a lot of their savings on this notario, only to end up in a far worse situation than before they ever met her.

Unfortunately, this story is not uncommon. In some Latin American countries, "notarios" are licensed lawyers, so many people mistakenly believe that someone calling themselves a "notario" in the US is also a lawyer. As the American Bar Association states:

“Notarios” or “Immigration Consultants” have become an increasingly serious problem in immigrant communities. Notarios operate throughout the U.S. and use false advertising and fraudulent contracts for services which cannot be provided. Notarios present themselves as qualified to help immigrants obtain lawful immigration status, and may charge a lot of money for help that they never provide. Often, immigrants’ permanently lose opportunities to pursue immigration relief because a notario has damaged their case.

Various organizations actively advocate against notarios, and there are procedures in each state to register a complaint against a notario. This link contains information about the complaint procedure. The American Immigration Lawyers Association has published information leaflets for each state. Attached is a sample for Texas. Please contact us for information on other states.