Criminal Alien Wanted for Homicide in Albania is Deported

An Albanian national residing in Dedham, Mass., who was wanted in his home country on murder charges, was turned over to Albanian law enforcement authorities the morning of September 11, 2012, at the Tirana International Airport Nënë Tereza in Tirana, Albania. He was removed from the United States by officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Sokrat Stambolliu, 45, aka Albert Kapllanaj, was arrested by ERO officers March 10, 2011, as he attempted to register as a convicted sex offender at the Dedham Police Department. He had remained in ERO custody until his removal September 11, 2012.

ERO was contacted by the U.S. Marshals Service in early March 2011, requesting assistance in locating Stambolliu, who was the subject of an Interpol Red Notice for "willful homicide" in Albania.

An Interpol Red Notice is used to alert law enforcement agencies in member countries that arrest warrants have been issued and extradition will be sought for the fugitives. Being the subject of this type of notice is not a presumption of guilt. Interpol is the world's largest international police organization with 190 member countries. It serves as a facilitator of international police cooperation.

At the time of his arrest, Stambolliu admitted to being in the United States unlawfully. He was arrested on administrative immigration violations, and placed in removal proceedings. An immigration judge with the Executive Office for Immigration Review (EOIR) ordered him removed from the United States June 14, 2011. However, the case was appealed to the Board of Immigration Appeals (BIA). The BIA dismissed the appeal, and he was served a final order of deportation May 31, 2012.

Stambolliu was previously arrested in 2002 in Boston for the alleged rape of a child. In 2003, he was indicted in Suffolk (Mass.) Superior Court, and convicted in 2005 of attempted rape of child.

"Thanks to our excellent partnership with the U.S. Marshals Service, we have ensured that this individual will be prosecuted for his alleged crimes in Albania," said Dorothy Herrera-Niles, field office director for ERO Boston. Herrera-Niles oversees ERO throughout New England. "His arrest and removal should serve as a reminder to foreign fugitives who mistakenly believe they can elude justice by fleeing to this country. ICE will continue to work closely with its foreign law enforcement counterparts not only to ensure that criminals are held accountable for their actions, but to safeguard the rights of law-abiding citizens here and overseas."

Since Oct. 1, 2009, ERO has removed more than 455 foreign fugitives from the United States who were being sought in their native countries for serious crimes, including kidnapping, rape and murder. ERO works with ICE's Office of International Affairs, foreign consular offices in the United States, and Interpol to identify foreign fugitives illegally present in the country.

Deferred Action Directive F.A.Q.s: Part XV

Where can I find more information about where to go for Deferred Action?

I…	Who to submit a request to review my case:	Where can I get more information:
...am subject to a final order of removal.	U.S. Citizenship and Immigration Services (USCIS) when the application period opens	USCIS website at www.uscis.gov. Beginning June 18: USCIS hotline at 1-800-375-5283 (8 am-8 pm; English & Spanish)
…have a case pending before the Executive Office for Immigration Review or a federal court.	U.S. Immigration and Customs Enforcement (ICE) when the process for accepting requests is announced	ICE website at: www.ice.gov. Beginning June 18: ICE hotline at 1-888-351-4024 (9am – 5pm; English and Spanish)
…have never been apprehended or placed into removal proceedings.	U.S. Citizenship and Immigration Services (USCIS) when the application period opens	USCIS website at www.uscis.gov. Beginning June 18: USCIS hotline at 1-800-375-5283 (8 am-8 pm; English & Spanish)

Deferred Action Directive ('Dream Act') F.A.Q.s: Part I

Who is eligible to receive deferred action under the Department’s new directive?

Pursuant to the Secretary’s June 15, 2012 memorandum, in order to be eligible for deferred action, individuals must:

1. Have come to the United States under the age of sixteen;
2. Have continuously resided in the United States for at least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
3. Currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Not be above the age of thirty.

Individuals must also complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.



What is deferred action?

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.

Under existing regulations, an individual who has been granted deferred action is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.” Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.



How will the new directive be implemented?

Individuals who are not in removal proceedings or who are subject to a final order of removal will need to submit a request for a review of their case and supporting evidence to U.S. Citizenship and Immigration Services (USCIS). Individuals may request deferred action if they meet the eligibility criteria. In the coming weeks, USCIS will outline and announce the procedures by which individuals can engage in this process.

This process is not yet in effect and requests should not be submitted at this time. Beginning June 18, individuals may call the USCIS hotline at 1-800-375-5283, from 8 a.m. to 8 p.m., with questions or to request more information on the new process. The hotline offers assistance in English and Spanish. Individuals seeking more information on the new process should visit USCIS’s website.

For individuals who are in removal proceedings before the Executive Office for Immigration Review, ICE will, in the coming weeks, announce the process by which qualified individuals may request a review of their case. Beginning June 18, individuals may call the ICE hotline at 1-888-351-4024, from 9 a.m. to 5 p.m., with questions or to request more information on the new process.

For individuals who are in removal proceedings and have already been identified as meeting the eligibility criteria as part of ICE’s case-by-case review, ICE will immediately begin to offer deferred action for a period of two years, subject to renewal.

USCIS Establishes Precedent Decision Regarding P-3 Nonimmigrant Visas

On May 15, 2012, U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers.

In the case at issue, the Skirball Cultural Center filed a P-3 nonimmigrant petition on behalf of a musical group from Argentina that was denied a performing artists’ visa for failing to establish that the group’s performance was “culturally unique” as required for this visa classification. Due to the unusually complex and novel issue and the likelihood that the same issue could arise in future decisions, the decision was recommended for review.

USCIS’s AAO approved the petition after its review of the entire record, which included expert written testimony and corroborating evidence on behalf of the musical group. The regulatory definition of “culturally unique” requires USCIS to make a case-by-case factual determination. The decision clarifies that a “culturally unique” style of art or entertainment is not limited to traditional art forms, but may include artistic expression that is deemed to be a hybrid or fusion of more than one culture or region.

Precedent decisions support USCIS’s commitment to consistency in the administration of immigration benefits. This is the third precedent decision issued since late 2010. Selected and designated as precedent by the Secretary of the Department of Homeland Security (DHS), with the Attorney General’s concurrence, precedent decisions are administrative decisions that are legally binding on DHS components responsible for enforcing immigration laws in all proceedings involving the same issue.

The Department of Justice’s Executive Office for Immigration Review (EOIR) publishes precedent decisions in bound volumes titled, “Administrative Decisions Under Immigration and Nationality Laws of the United States.”

Avoiding Immigration Law Scams: Finding Legitimate Legal Assistance for Immigration Issues

Need help with your USCIS forms?

You can file USCIS forms yourself, but many people choose to have help. You may need help writing in the answers to questions on USCIS forms or translating documents into English.  You can get this type of limited help from anyone. This person should only charge you a small fee and not claim to have special knowledge of immigration law and procedure.

Not sure what immigration benefit to apply for or which USCIS forms you need to file? Then you may need immigration legal advice.

Only attorneys or accredited representatives can:

• Give you legal advice about which forms to submit
• Explain immigration options you may have
• Communicate with USCIS about your case

An attorney or a BIA-accredited representative can legally represent you before USCIS. Your legal representative must file a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with your application(s).  USCIS will send information on your application to your legal representative.

WARNING: “Notarios,” notary publics, immigration consultants and businesses cannot give you immigration legal advice. In many other countries, the word “notario” means that the individual is an attorney, but that is not true in the United States. If you need help with immigration issues, be very careful before paying money to anyone who is neither an attorney nor a BIA-accredited representative of a recognized organization.

How can I find a licensed attorney?

The Board of Immigration Appeals (BIA) provides a listing of attorneys in your state who provide immigration services either for free or for little cost. The American Bar Association also provides information on finding legal services in your state.

When choosing an attorney you should:

• Make sure that the attorney is eligible to practice in—and is a member in good standing of the bar of the highest court of — any U.S. state, possession, territory or commonwealth, or the District of Columbia.
• Make sure that the attorney is not under any court order restricting his or her practice of law.
• Ask to see the attorney’s current licensing document, and verify through the state bar association that he or she is a licensed attorney. 
• Check the "List of Currently Disciplined Practitioners." This is where the Executive Office for Immigration Review (EOIR) lists people who have been expelled or suspended from practicing law before USCIS. Attorneys who are on the list and who have a “No” in the last column on the right may not be eligible to give you legal advice. Ask to see a copy of the reinstatement order from the BIA.

What if I live outside of the United States?

An attorney admitted and licensed to practice law outside the United States can represent you if your application or petition is filed in a USCIS office outside the U.S. This attorney must be:

• Admitted and licensed to practice law in the country in which he or she resides
• In good standing in a court of general jurisdiction of the country in which he or she resides
• Currently practicing law as a profession

Additionally, this attorney must file a G-28I, Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States.  Please note, this attorney can only represent you if your case is being processed outside of the U.S.  If your case is transferred to a domestic USCIS office, USCIS will communicate with you directly.

Can a person who is not an attorney represent me?

Yes. You have the option of seeking help from a:

• BIA-recognized organization
• Law student or law graduate being supervised by an eligible attorney or a BIA-accredited representative

Accredited Representatives

A BIA-accredited representative working for a BIA-approved organization is eligible to represent you before USCIS and EOIR.  BIA accredited representatives are not attorneys, but they may give you immigration legal advice. An accredited representative must work for a BIA-approved non-profit, religious, charitable, social service or similar organization in the United States. Her or she may only charge nominal (small) fees, if any, for legal services.

If you choose to work with a BIA-accredited representative from a BIA-recognized organization, you should:

• Check the BIA website for the "List of Accredited Representatives and Recognized Organizations."
• Ask to see the BIA order granting the application of the recognized organization.
• Ask to see the BIA order approving the individual as an accredited representative. Approval is granted for three years.  Make sure that the BIA order is still valid and that the individual is approved to represent you before USCIS. The accredited representative should not have any problem giving you this information.
• Check the "List of Currently Disciplined Practitioners." Accredited representatives who are on this list, and who have  a “No” in the last column on the right, may not be eligible to give you legal advice.  You should ask the accredited representative if he or she has been reinstated to practice and ask to see a copy of the reinstatement order from the BIA.

Law students and law graduates

A law student participating in a legal aid program, law school clinic or nonprofit organization may represent you before USCIS if he or she is being supervised by a licensed attorney or BIA-accredited representative. The supervising attorney or accredited representative of the legal aid program, law school clinic or nonprofit organization must complete Form G-28 as your representative. See Title 8 of the Code of Federal Regulations (8 CFR), Part 292.

A law graduate not yet admitted to the bar but working for an attorney or a BIA-accredited representative may represent you before USCIS. The supervising attorney or a BIA-accredited representative must complete Form G-28 as your representative.

Future versions of Form G-28 will have spaces for the name of the law student or law graduate and his or her signature on the same Form G-28 submitted by the supervising attorney or BIA-accredited representative. The law student or law graduate must have permission of the USCIS official before whom they seek to appear. The USCIS official may require that the supervising attorney or BIA-accredited representative accompany the law student or law graduate. The law student or law graduate may sign the application or petition as the "preparer."

Friends or relatives at your interview for support

You may bring a relative, neighbor, clergyman, business associate or personal friend to your interview or other appearances in person in a USCIS office.  This person is a "reputable individual" in the regulations at 8 CFR 292.1(a)(3). Reputable individuals may not file Form G-28. Instead, they must submit a statement to the USCIS/DHS official which states:

• You personally requested they attend your interview
• You have not paid them a fee to help you
• The person's relation to you (relative, neighbor, clergyman, business associate or personal friend)  

Please note that the DHS official may decide not permit a reputable individual to appear at your interview.