Immigration Benefits Available for Immigrants Affected by Hurricane Isaac

U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Isaac of certain U.S. immigration benefits that may be available to them.

USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status. Eligible individuals may apply for temporary relief measures, including:

               A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;

               Extension or re-parole of individuals previously granted parole by USCIS;

               Advance parole, and expedited processing of advance parole applications;

               Expedited adjudication of requests for off-campus employment authorization applications for F-1 students experiencing severe economic hardship;

               Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and the spouses and children of lawful permanent residents (LPRs) whose priority dates are current;

               Expedited adjudication of employment authorization applications; and

               Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.

Visitors traveling under the Visa Waiver Program may visit a USCIS local office for assistance. Individuals affected by the hurricane who are at a U.S. airport may contact the nearest U.S. Customs and Border Protection office for assistance.

For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. Hearing-impaired persons can call 1-800-767-1833.

Fingerprints ('Biometrics') and the Immigration Process

Fingerprints

USCIS requires applicants and petitioners for certain immigration benefits to be fingerprinted for the purpose of conducting FBI criminal background checks. To better ensure both the quality and integrity of the process, USCIS processes fingerprint cards for immigration benefits only if an authorized fingerprint site prepares them. Authorized fingerprint sites include USCIS offices, Application Support Centers (ASCs), and U.S. consular offices and military installations abroad.

In general, USCIS schedules people to be fingerprinted at an authorized fingerprint site after an application or petition is filed. USCIS charges a set fee per person (for most applicants) at the time of filing for this fingerprinting service. Please check the instructions on your Immigration application or petition form to find out if you must be fingerprinted.

The following three points apply for all immigration benefits applications requiring an FD-258 fingerprint check filed with USCIS after March 29, 1998:

1.          Do not submit a completed fingerprint card (FD-258) with your application. Your application will be accepted without the fingerprint card attached. If you submit a completed fingerprint card with your application on or after March 29, 1998, the card will be rejected and you will be scheduled to be fingerprinted by USCIS.

2.          Do submit fee, in addition to the application fee, payable to USCIS, with your application. The fee is noted at the top of our Forms and Fees page. This charge will cover the cost for you to be fingerprinted by USCIS.

3.          After USCIS receives your application, USCIS will provide you with an appointment letter with the location of the nearest USCIS authorized fingerprint site. Please read the instructions in the appointment letter, and take it to USCIS authorized fingerprint site when you go to your fingerprint appointment.

Exceptions:

Applicants and petitioners residing abroad who are fingerprinted at a United States consular or military installation abroad do not need to be fingerprinted by USCIS and are exempt from the fingerprint fee. These applicants and petitioners must file their completed card at the time their application or petition is filed.

The following forms are subject to exceptions to the above requirements.  

               Special Fingerprint Instructions for Form I-600, "Petition to Classify Orphan as an Immediate Relative (Orphan Petition," and Form I-600A, "Application for Advance Processing of Orphan Petition (Advance Processing Application)"

               Form I-589, "Application for Asylum and for Withholding of Removal"

USCIS National Service Center Announces New Saturday Hours

The USCIS National Customer Service Center (NCSC) is expanding its hours to include Saturdays from 9 a.m. to 5 p.m. Live agents will now be available at Monday – Friday, 8 a.m. – 8 p.m. and Saturdays from 9 a.m. to 5 p.m. in each time zone. Call the NCSC toll-free at 1-800-375-5283.

Current Form I-9 Will Remain Effective After August 31, 2012

Until further notice, employers should continue using the Form I-9, Employment Eligibility Verification, currently available on the USCIS forms page at www.uscis.gov/I-9.

This current version of the form continues to be effective even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

USCIS Reaches Milestone for U-visas; Providing Relief to Victims of Crime

On August 21, 2012, U.S. Citizenship and Immigration Services (USCIS) marked a significant milestone in its efforts to provide relief to victims of crimes by approving the statutory maximum 10,000 petitions for U nonimmigrant status, also referred to as the U-visa.  This is the third straight year USCIS has reached the statutory maximum since it began issuing U-visas in 2008.

Each year, 10,000 U-visas are available for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U-visa petition requires law enforcement certification of assistance in the investigation or prosecution of crimes.

“The U-visa is an important tool aiding law enforcement to bring criminals to justice,” said USCIS Director Alejandro Mayorkas. “At the same time, we are able to provide immigration protection to victims of crime and their families. Both benefits are in the interest of the public we serve.”

In recent years, USCIS has greatly expanded its public education and outreach effort through partnerships with law enforcement agencies and service providers. As part of this effort, USCIS officers have traveled to more than 40 cities, including Denver, New York City, Newark, and San Antonio, to train federal, state and local law enforcement agencies and immigrant-serving organizations on immigration protections available to individuals who are victims of human trafficking, domestic violence and other serious crimes.

The program was created by Congress to strengthen the law enforcement community’s ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes while at the same time offering protection to victims. More than 61,000 victims and their family members have received U-visas since the implementation of this program in 2008.

USCIS will continue to accept new petitions as they are received until the end of the current fiscal year, and will resume issuing U-visas on Oct. 1, 2012, the first day of fiscal year 2013 when new visas are available.

Former CBP Officer Convicted for Fraud, Purchase of Illegal Firearms

A local federal jury convicted a U.S. Customs and Border Protection (CBP) officer Monday, August 20, 2012, on two counts of making a false statement on an official federal form, and one count of making a false statement to a federal agent. This conviction was announced by U.S. Attorney Kenneth Magidson, Southern District of Texas. This case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations and the FBI.

Manuel Eduardo Pena, 38, a CBP officer, was convicted Aug. 20 after the jury deliberated four hours.
According to court documents, an HSI special agent testified that he witnessed Pena buy a firearm Dec. 5 at the Academy Sporting Goods Store in Brownsville. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473, which is required to be completed by anyone purchasing firearms, indicated Pena stated he was purchasing the firearm for himself. However, special agents witnessed Pena take the firearm from the store and deliver it to another person in exchange for money. In addition, the person Pena sold the firearm to testified that the gun was intended for him, not Pena.

The evidence presented indicated that Pena made a second straw purchase Dec. 19 at the same store. HSI and FBI special agents were present and again witnessed Pena purchase the firearm, state on ATF Form 4473 that the firearm was for him, and then transfer the gun to the same individual. The FBI took possession of both firearms.

Pena was arrested May 24, at which time he lied to an FBI agent claiming he had bought the guns for his own personal hunting use. He stated he used the guns at his deer lease before leaving them with a friend. In fact, the FBI possessed the guns, and they clearly were straw-purchased for another person.
Pena tried to convince the jury the gun purchases were part of a "communal purchase" of firearms for a hunting lease.

Pena has been a CBP officer for 12 years and the charges are unrelated to his official duties.
U.S. District Court Judge Hilda G. Tagle, who presided over the trial, set sentencing for Nov. 19. Pena faces up to five years in prison and a maximum $250,000 fine on each count. Previously released on bond, Pena was allowed to remain on bond pending his sentencing.

Assistant U.S. Attorneys Oscar Ponce and Karen Betancourt, Southern District of Texas, prosecuted this case.

Authorities Looking for Criminal Who Posed as ICE Officer

Federal authorities are asking individuals who may have been deceived, threatened or harmed by a man posing as a U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) officer to come forward and aid the investigation into his alleged crimes.

Jose "Panama" Antonio Haughton, 36, is believed to have illegally posed as an immigration officer over the past several years. He is known by most people simply as "Panama." While he operated mostly from the Seattle/Tacoma area, investigators have identified victims in other parts of the country.

According to investigators, Haughton targeted illegal immigrants and promised to expedite applications for immigration benefits for a fee. Haughton would perform elaborate charades to convince his victims of his credibility, including accompanying them to Department of Homeland Security offices. Law enforcement has also received information that Haughton threatened individuals with bodily harm while carrying out his scheme.

"We understand the fear that illegal immigrant crime victims have with coming forward to law enforcement," said Shawn Fallah, resident agent in charge of ICE's Office of Professional Responsibility (OPR) Seattle. "ICE takes these allegations very seriously; impersonating a federal officer is a significant crime that undermines public safety and trust. Our primary concern in these cases is to arrest and criminally prosecute imposters. We will not allow criminals to capitalize on the fear of deportation to victimize immigrants."

Haughton came to the attention of law enforcement after an illegal immigrant crime victim reported him to police. According to court documents, Haughton posed as an ICE officer and exploited the victim's fear of deportation to extort money and sex from her. Haughton is currently being held at the King County Jail awaiting trial on rape and robbery charges.

Haughton's criminal record shows felony convictions in Colorado, Montana and New York. He has not yet been charged in connection with the federal investigation and is considered innocent until proven guilty.

Anyone with information about this case or individuals posing as immigration officers is encouraged to contact ICE at www.ICE.gov/tips or 1-866-DHS-2ICE; reports can be made 24 hours a day in both Spanish and English.

OPR and ICE Homeland Security Investigations are involved in the probe. OPR is the agency's internal affairs division tasked with investigating allegations of misconduct by ICE and U.S. Customs and Border Protection officers. OPR is involved in this case because Haughton allegedly posed as an ICE officer.

Guatemalan Nationals Indicted for Immigration and Document Fraud

A federal grand jury indicted two Guatemalan nationals Wednesday, August 15, 2012, for conspiring to provide false identity documents so more than 100 illegal aliens could fraudulently obtain driver's and non-driver's licenses from the Department of Revenue license office in St. Joseph, Mo. These indictments resulted from an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Domingo Ajanel-Castro, 33, a Guatemalan national residing in St. Joseph, Mo., and Pedro Pablo-Solis, 28, a Guatemalan national residing in Liberal, Kan., were charged in an 18-count superseding indictment returned Aug. 15 by a federal grand jury in Kansas City, Mo.

This indictment replaces an earlier indictment that charged only Ajanel-Castro.

The indictment alleges that Ajanel-Castro and Pablo-Solis, both illegal aliens from Guatemala, participated in a conspiracy from July 1, 2010 to Jan. 10, 2012 to sell fraudulent birth certificates and Social Security cards in the names of others. The indictment alleges that illegal aliens traveled to St. Joseph, Mo., from across the United States to obtain either a Missouri driver's license or non-driver's license by using unlawfully obtained birth certificates and Social Security cards. The illegal aliens then used the state licenses to remain unlawfully in the United States, to unlawfully obtain employment, or for other unlawful purposes.

It is estimated that more than 100 Missouri licenses have been unlawfully issued to illegal aliens as part of this conspiracy.

Ajanel-Castro allegedly received identification document sets from Pablo-Solis, who obtained and sold state-issued birth certificates and corresponding Social Security cards in matching document sets. Ajanel-Castro then sold the document sets to the illegal aliens, the indictment states, for between $500 and $950 for the document sets and the licenses.

The illegal aliens were then charged an additional fee of about $100 to be escorted to the license office in St. Joseph. Individuals accompanied illegal aliens into the St. Joseph license office under the guise of being translators, the indictment says, to assist them with obtaining Missouri licenses in the name of another person.

These individuals assisted illegal aliens prepare for potential questions from the license office employees, such as information on the birth certificates and the Social Security numbers. They also assisted with having them practice signing the name so that the signatures would be similar. The individuals also provided Missouri residential addresses to the illegal aliens who did not live in Missouri, the indictment says.

In addition to the conspiracy, Ajanel-Castro and Pablo-Solis are charged together in three counts of aggravated identity theft, three counts of Social Security fraud, and two counts of illegally transferring a person's identity documents to another person.

Ajanel-Castro is also charged with four more counts of aggravated identity theft, two counts of illegally producing identification documents, one count of possessing false documents, one count of making a false statement on a federal document, and one count of illegally re-entering the United States after having been deported.

The public is reminded that the charges contained in this indictment are simply accusations and are not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

Special Assistant U.S. Attorney Trey Alford, Western District of Missouri, is prosecuting the case.

Fee Exemptions for Deferred Action for Childhood Arrivals: Part III

What documents must I submit with my request?  This depends on the category for which you are requesting an exemption from the fee. USCIS must be able to determine your eligibility by examining your supporting documents. The supporting documents must be legible and in English or accompanied by a certified translation.

What are some examples of acceptable documentation?  This list contains examples of acceptable documentation and is not exhaustive:

               Exemption: You are under 18, homeless, in foster care, or otherwise lacking any parental or other familial support and your income is less than 150% of the U.S. poverty level.  

                       Evidence you are under 18, such as a birth certificate or school records.

                       Affidavit from a community-based or religious organization that attests to your homelessness or lack of parental or familial support.

                       Letter or statement from an agency that you are currently in foster care.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank accounts and/or have no income or evidence to prove your income level.

               Exemption: You cannot care for yourself because you suffer from a serious, chronic disability and your income is less than 150% of the U.S. poverty level.

                       Medical records or insurance records that describe your serious, chronic disability.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank accounts and/or have no income or evidence to prove your income level.

               Exemption: You have accumulated $25,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level.

                       Medical bills, insurance records, or other reliable evidence of unreimbursed medical expenses of at least $25,000.

                       Evidence of your current income, such as tax returns, banks statements or paystubs, or an affidavit from you or a third party stating you do not file tax returns, have no bank account, and/or have no income or other evidence to prove your income level.

2012 Health and Human Services Poverty Guidelines:

48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands
Household Size	150% of HHS Poverty Guidelines
1	$16,755
2	$22,695
3	$28,635
4	$34,575
5	$40,515
6	$46,455
7	$52,395
8	$58,335
For families with more than 8 persons, add $5940 for each additional person.
Alaska
Household Size	150% of HHS Poverty Guidelines
1	$20,955
2	$28,380
3	$35,805
4	$43,230
5	$50,655
6	$58,080
7	$65,505
8	$72,930
For families with more than 8 persons, add $7425 for each additional person.
Hawaii
Household Size	150% of HHS Poverty Guidelines
1	$19,290
2	$26,115
3	$32,940
4	$39,765
5	$46,590
6	$53,415
7	$60,240
8	$67,065
For families with more than 8 persons, add $6825 for each additional person.

Fee Exemptions for Deferred Action for Childhood Arrivals: Part II

Steps to Request an Exemption from the Deferred Action for Childhood Arrivals Filing Fee
Step 1: You must:	Send a letter in English requesting the exemption. USCIS must be able to identify the individual who needs the exemption and the exemption category requested.                Attach documentation (copies are acceptable) supporting your request. The supporting documents must be in English or accompanied by a certified translation.                The letter must be signed by the individual requesting consideration for the fee exemption. If the individual needing the exception cannot sign, provide an explanation and evidence that the person who does sign is a parent or legal guardian.                Each person requesting to be exempt from paying the filing fee should submit their own letter. Multiple individuals should not be grouped into one letter.                Mail your request to: U.S. Citizenship and Immigration Services Attn:  Deferred Action for Childhood Arrivals Fee Exemption Request P.O. Box 75036 Washington, DC 20013
Step 2: USCIS will:	Review your letter and supporting documents to determine if you are in a circumstance to warrant an exemption.                Request additional evidence if needed.                Approve or deny your request.                Send you an approval or denial letter.
Step 3: You must:	If approved, attach a copy of the fee exemption approval letter to the front of your request package, which must include Forms I-821D, I-765 and I-765WS.                If denied, submit the $465 filing fee with your forms or resubmit your fee exemption request with corrections or additional documents.                File the Forms I-821D, I-765 and I-765WS according to the form instructions.

Fee Exemptions for Deferred Action for Childhood Arrivals: Part I

To request consideration of deferred Action for childhood arrivals, you must file Form I-821D, Consideration of Deferred Action for Childhood Arrivals; Form I-765, Application for Employment Authorization; and Form I-765WS, Form I-765 Worksheet. The fee to request consideration of deferred action for childhood arrivals is $465 and cannot be waived.

Fee exemptions are available in very limited circumstances. In order to be considered for a fee exemption you must submit a letter and supporting documentation demonstrating that you meet one of the following conditions:

               You are under 18 years of age, homeless, in foster care, or under 18 years of age and otherwise lacking any parental or other familial support and your income is less than 150% of the U.S. poverty level,

               You cannot care for yourself because you suffer from a  serious chronic disability and your income is less than 150% of the U.S. poverty level,  or

               You, at the time of the request, accumulated $25,000 or more in debt in the past 12 months as the result of unreimbursed medical expenses for yourself or an immediate family member and your income is less than 150% of the U.S. poverty level.

A request for a fee exemption must be filed and favorably adjudicated before you file a request for consideration of deferred action for childhood arrivals without a fee. If you submit Forms I-821D, I-765 and I-765WS to a USCIS Lockbox facility without a fee and there is no record a fee exemption request has been approved, both forms will be rejected and returned to you.

2012 Health and Human Services Poverty Guidelines:

48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands
Household Size	150% of HHS Poverty Guidelines
1	$16,755
2	$22,695
3	$28,635
4	$34,575
5	$40,515
6	$46,455
7	$52,395
8	$58,335
For families with more than 8 persons, add $5940 for each additional person.
Alaska
Household Size	150% of HHS Poverty Guidelines
1	$20,955
2	$28,380
3	$35,805
4	$43,230
5	$50,655
6	$58,080
7	$65,505
8	$72,930
For families with more than 8 persons, add $7425 for each additional person.
Hawaii
Household Size	150% of HHS Poverty Guidelines
1	$19,290
2	$26,115
3	$32,940
4	$39,765
5	$46,590
6	$53,415
7	$60,240
8	$67,065
For families with more than 8 persons, add $6825 for each additional person.