Showing posts with label Immigration - Marriage Fraud. Show all posts
Showing posts with label Immigration - Marriage Fraud. Show all posts

Monday, July 11, 2011

Love is Cruel XI

OK - back from my (well deserved) vacation.  Happy 85th Birthday to my great dad!  And now, back to the depressing world of Love is Cruel, aka the Sweetheart Scam.

     We are discussing how to prevent being a victim of these sweetheart scams.  We are now going to go over some ground rules when a person gets involved with an "international beauty" online.

1.  First, don't post your real email address.  Get a disposable email address just for this purpose.  If things begin to work out and you feel that this person may be genuine, you can always reveal your "real" email address.  Until then, keep it safe.

2.  Many dating sites will ask for a profile.  When giving your profile, just give the basics and give only general information about yourself.  Don't give specifics  about where you live or work.

3.  When you start getting responses to a profile or ad, be extremely cautious if a respondent brings up an issue of money.

4.  Be very wary of respondents who quickly press you to "meet" them in other chat rooms or exchange instant messaging information after only one or two meetings.  This should be at a later step.

5.  NEVER give anyone your bank account numbers, social security numbers, driver's license numbers, home address, phone number or credit card numbers.  Don't laugh and say "it will never happen to me.  I would never do this."  If no one did it I would be out of a job.

6.   When it comes to meeting someone personally, there are more steps that need to be taken, and we will discuss this more tommorrow.

     It's great to be back.

As always, have a great and fraud-free day.

http://www.tauskvega.com/

------------>>>>>>>>>>>>>>>>>gene tausk

Sunday, June 19, 2011

Born in the USA (Sort of) IV

OK - we discussed last time the issues of getting married.  As discussed, when a person marries an American citizen, they are entitled to a Green Card.  However, getting a Green Card does not occur automatically.   The applicant (petitioner) still needs to go through the Immigration process and apply for a Green Card.  This is where the interview, mentioned last time, will occur.

    If the petitioner receives a Green Card, however, it does not stop there.  Marriages to a U.S. citizen will allow the Petitioner to receive a Conditional Green Card.  This Conditional Green Card (CGC) is good for two years.  Shortly before this two year period expires, the petitioner must apply to have the condition removed and receive an actual Green Card, which is good for 10 years.

    Once again, please note that this is not intended to be attorney advice nor should it be taken as such.  A person seeking such information should consult with a reputable Immigration attorney.

     Once the person files for removal of the condition and the receipt of an "actual" Green Card, the petitioner will have to supply documentation to the United States Citizenship and Immigration Service (USCIS) to demonstrate that the person is still married.  If they are married, the USCIS might demand an interview.

   However, if the Petitioner is divorced, then the USCIS has the right to demand information from the Petitioner outlining the marriage, the dissolution of the marriage and other factors that the USCIS may deem important in its decision as to whether to allow the Petitioner to remove the Condition on the Green Card and receive an actual Green Card.

   These measures were enacted by the USCIS in its efforts to combat marriage fraud and sham marriages for Green Cards.  Remember from an earlier post - sham marriages are actually a criminal offense and not just an Immigration violation.

   Prosecutions do occur for this crime: http://www.examiner.com/crime-in-chicago/feds-announce-charges-sham-marriage-immigration-scheme

   Next post, we will move on to other issues in Immigration Fraud,

www.tauskvega.com

As always, have a great and fraud-free day.


----------------->>>>>>>>>>>>>>>>>>gene tausk

Saturday, June 18, 2011

Born in the USA (Sort of) III

OK - let's get back to marriage fraud.  As discussed yesterday, this normally means marrying someone for the purpose of receiving a Green Card.  This is an arranged marriage, more commonly known as a "sham" marriage according to the United States Citizenship and Immigration Services (USCIS) and United States Immigration and Customs Enforcement (ICE).

     Congress and lawmakers have created several barriers to make it easier to catch people who engage in this activity.  First, to be eligible to apply for a Green Card based on marriage to a U.S. citizen, two people (obviously) have to be married.  Second, one of the parties must be a U.S. citizen.  Third, not everyone is automatically eligible to become a Green Card holder simply because they married an American citizen.  The person may not have the appropriate immigration status (ex - as of this writing, the person had to make an ENTRANCE into the U.S., not simply "cross the border").  NOTE - it is important to state that the information in this column is for INFORMATION PURPOSES ONLY and any questions regarding Immigration should be taken to a competent Immigration attorney.

     However, assuming that the appropriate criteria are met, the appropriate paperwork must be filed with Immigration (USCIS).  At some point, the person will be called into the local USCIS office for an interview.  One of the purposes of the interview is to determine if the marriage is legitimate.  This means that the USCIS interviewer has the legal authority to ask all appropriate and necessary questions to determine if the marriage is legitimate.  For example, the officer can ask how the couple knows each other, where they met, what are their individual interests and interests as a couple.  Do they plan to have any kids?  When?  What are their views on certain subjects?

    If the officer determines that there is an issue of possible fraud, then the officer has the right to separate the couple and interview the persons individually.  The officer has the right to compare the answers given to see if this couple actually knows each other and knows each other as a married couple should.

   All of this is designed, of course, to fight marriage fraud.  If the officer determines that the couple has not met the burden to prove that they are a married couple or that the marriage is legitimate, the officer can ask for further information, deny the application or even call for a criminal investigation.

   Once again, this goes to the earlier post that sham marriages are not only Immigration fraud, but a criminal act.

   Even if the Green Card is granted, however, the story does not end there.  We will revisit this at the next post.

Here is further information: http://abcnews.go.com/Politics/immigration-green-card-marriage-young-couple-faces-feds/story?id=10738962

As always, feel free to visit our website: www.tauskvega.com

Have a great and fraud-free day.


--------------->>>>>>>>>>>>>>>>>>>>gene tausk

Thursday, June 16, 2011

Born in the USA (Sort of) II

OK - let's hit the ground running and talk about marriage fraud.

     A few years back there was a (terrible) movie with Gerard Depardieu (sp?) in which a Frenchman (duh) gets married to an American for a Green Card.  Of course, they are investigated and, as my brother would say, hi-larity ensues as the two who originally married for a Green Card actually fall in love with one another.  Only in Hollyweird.

    Let's start with the basics.  Marriage to an American citizen is one of the most sure-fire ways to receive a Green Card.  A Green Card is an Immigrant visa which gives the person Lawful Permanent Residency status in the United States.  Yes, I know those are a lot of words to swallow.  Basically, a Green Card lets a person reside permanently in the United States and work here as well.  After a certain number of years, the person also gets to apply for his citizenship.

    Marriage fraud, as the words imply, occurs when people get married for the exclusive purpose of getting one person a Green Card.  There is no real "relationship" per se.  There is an agreement, whether implicit or explicit, that after the person gets the Green Card, the marriage will end.

   First, let's be clear about one thing - this is a crime, pure and simple.  Getting married for the purpose of evading U.S. Immigration laws so that someone can benefit from a marriage and receive Lawful Permanent Residency in the United States is probably one of the more clear definitions of fraud that exists.

    Usually, but not always, the American Citizen who is part of this arrangement will get money for his or her "services."  Usually as well, the American Citizen who is performing this fraud will do the same scam again and again.

   Let's get back to that "crime" thing: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01948.htm

  Yes - a sham marriage not only is against the Immigration and Nationality Act, it is also a crime, specifically a federal felony which can lead to actual jail time.

  No joke.

  We'll explore this more tomorrow.  In the meantime, remember, just because you saw a (really bad) Hollywood movie about this does not make it legal or proper.

As always, feel free to examine our website: www.tauskvega.com

Have a safe and fraud-free day.

---------------->>>>>>>>>>>>>>>gene tausk