MORE than five million undocumented immigrants, including Filipinos who are in the United States without legal status, are expected to benefit from a series of executive actions announced by President Barack Obama on Nov. 20, 2014. Kababayans who have followed the rules and are now green card holders will also be accorded help to become naturalize and enjoy the benefits of being US citizens.
Obama’s unilateral measures, while awaiting a comprehensive immigration reform to be passed by Congress, aim to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the US without fear of deportation. They will also be given work and travel authorization.
The White House stresses that the aforementioned initiatives have not yet been implemented, and that the USCIS is not yet accepting any requests or applications at this time. The Obama Administration warns the public to beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam.
Out of desperation, many kababayans may be lured by unscrupulous people who will offer help with immigration services even if they may not be authorized to do so. Some may promise you expedited service, falsely give you guarantees you will get your green card sooner, ripping you off of your hard earned money in the end.
The Obama Administration reminds everyone to seek assistance from the right place, and from people who are authorized to help. The White House points out that going to the wrong place can delay your application or petition, cost you unnecessary fees, and possibly lead to removal proceedings and have you deported.
The public is also warned undocumented immigrants against those who would try to convince you about being eligible for the temporarily relief, when in fact only those who fit the following criteria may qualify:
1. Young people who came to this country before turning 16 years old and have been present since January 1, 2010. This expands the population eligible for the Deferred Action for Childhood Arrivals (DACA) program, and extends the period of DACA and work authorization from two years to three years.
2. Parents of US citizens and lawful permanent residents who have been present in the country since January 1, 2010 or earlier, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks
3. Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of US citizens | DetailsExpanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of US citizens
The United States Citizenship and Immigration Service (USCIS) aims to combat immigration services scams by providing applicants, legal service providers and community-based organizations with the knowledge and tools they need to detect and protect themselves from dishonest practices.
To achieve this, the USCIS launched the Unauthorized Practice of Immigration Law (UPIL) Initiative. As part of the effort, we’ve partnered with several government agencies to identify resources that can help you avoid immigration services scams:
Telephone Scams
Do not fall victim to telephone scammers posing as USCIS personnel or other government officials. In most instances, scammers will:
• request personal information (Social Security number, Passport number, or A-number);
• identify false problems with your immigration record; and
• ask for payment to correct the records.
If a scammer calls you, say “No, thank you” and hang up. These phone calls are being made by immigration scammers attempting to take your money and your credit card information. USCIS will not call you to ask for any form of payment over the phone. Don’t give payment over the phone to anyone who claims to be a USCIS official.
If you have been a victim of this telephone scam, please report it to the Federal Trade Commission (FTC). Learn more about telephone scams and telephone scammers’ techniques by visiting Federal Trade Commission-Telemarketing-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 US, 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.
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.
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. US Citizenship and Immigration Services (USCIS) is the component that grants immigration benefits. The other two components are US Immigration and Customs Enforcement and US Customs and Border Protection.
All official correspondence regarding your immigration case will come from USCIS.
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
