Fake Immigration Attorney Arrested for Fraud

A Tijuana man who allegedly posed as an immigration attorney has been arrested on state charges for defrauding at least two individuals as part of a scam to collect fees for phony immigration-related legal services while working at an office in San Ysidro.

Alberto Rodrigo Garcia, 50, of Tijuana, Mexico, was taken into custody Thursday, November 1, 2012, at the Otay Mesa Port of Entry by special agents from U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). Garcia was expected to be arraigned in state court Monday, November 5, 2012, on felony charges of grand theft and practicing law without a license.

"Our office does not tolerate scammers who take advantage of innocent victims," said San Diego County District Attorney Bonnie Dumanis. "Our Economic Crimes Unit does an outstanding job prosecuting these types of cases and bringing a measure of justice to those who were defrauded."

After receiving a tip, HSI began investigating Garcia in May. So far, the probe has identified two victims who paid more than $5,000 for what they believed were legitimate immigration services rendered by Garcia. Special agents suspect others may have fallen prey to the same scam.

"Protecting the integrity of the nation's immigration system is a top priority for HSI," said Derek Benner, special agent in charge for HSI San Diego. "As part of our ongoing efforts to protect the community from immigration fraudsters, we are seeking the public's assistance to help identify other potential victims."

Anyone with information that may be related to this case is asked to call 619-550-5183.
According to a case affidavit, Garcia met with at least two victims on separate occasions and offered to file paperwork to legally immigrate one man's spouse and another man's fiancée.

As part of his illegitimate immigration-related services, Garcia advertised using business cards that identified his business as a professional attorney service. He also provided receipts with stamps that identified him as the owner of Alberto R. Garcia, Inc. Garcia is also a licensed tax preparer.

During ensuing meetings, the victims reported they gave Garcia personal documents, such as birth and marriage certificates, passport photos, and payments to file the required paperwork.

When one of the victims subsequently went to the San Ysidro office to ask about the status of his case, he was advised that Garcia no longer worked there, but had opened a new office near the U.S. Consulate in Tijuana.

USCIS ELIS and e-Filing Payment Systems Unavailable Until Sept. 17

USCIS Electronic Immigration System (USCIS ELIS) will undergo scheduled maintenance from Sept. 14 at 8 pm to Sept. 16 at 8:30 pm EDT and will not be available during this time.

Payment processing for e-Filing will be unavailable from 6 p.m. on Saturday, Sept. 15, 2012, to midnight on Sunday, Sept.16, 2012, because of Pay.gov maintenance. Customers will be able to access the system but not process payments for forms during this time.

The USCIS regrets any inconvenience and recommends that customers plan accordingly.

Immigration Fee Waivers: Part III

Forms with Fee Exemptions

               USCIS has determined that some applications and petitions should be designated as fee exempt. Please reference the G-1055, USCIS Fee Schedule, or specific form instructions for more information regarding application and petition fees.

Fee Waiver Requests for Initial Temporary Protected Status (TPS) Registration

If…	Then…
Your TPS application is received before the registration deadline, and your Request for Individual Fee Waiver, Form I-912 (or a written request) is denied,	You may re-file your application with the required fee or a new fee waiver request, on or before the registration deadline.
Your TPS application package is received on or before the registration deadline, and your Request for Individual Fee Waiver, Form I-912 (or a written request) is denied on or after the registration date,	You will be given 45 days to re-file your application package and required fee or a new fee waiver request. Your application package will be considered timely filed provided the application package is received within 45 days of the date on the fee waiver denial notice.
Your resubmitted TPS application package is received after the registration deadline, and it contains a new Request for Individual Fee Waiver, Form I-912 (or a written request) that is later denied,	Your application will be rejected and you will not be able to register for TPS due to the expiration of the registration period.

Immigration Fee Waivers: Part II

Forms Eligible for Fee Waiver

You may request a fee waiver based on an inability to pay for the following:

1. General Fee Waivers: I-90, I-191, I-751, I-765 (excluding category (c)(33)), I-817, I-821, I-881, N-300, N-336, N-400, N-470, N-565, N-600, N-600K; and

2. Humanitarian Fee Waivers: any fees associated with the filing of any benefit request by a VAWA self-petitioner or an alien who has or is requesting a T visa or U visa; is a battered spouse of A, G, E–3, or H nonimmigrant, or a battered spouse or child of a lawful permanent resident or U.S. citizen; or has Temporary Protected Status. This would include filings not otherwise eligible for a fee waiver or eligible only for a conditional fee waiver such as Forms I-212, I-485, I-539, and I-601.

3. Conditional Fee Waivers: If not listed above, you may request a fee waiver subject to the following conditions:

a. I-131 – only if applying for humanitarian parole (i.e., only for persons located overseas who are applying for an Advance Parole Document, Application Type “e” or “f” in Part 2);

b. I-290B – only if the underlying application was fee exempt, the fee was waived, or it was eligible for a fee waiver; and

c. In addition, an applicant who does not have to show he or she will not become a public charge for admission or adjustment of status purposes according to section 212(a)(4) of the INA may request a waiver of the following fees: 

 

               I-192, 

               I-193, 

               I-485 (This would include but not be limited to an I-485 from an Afghan or Iraqi interpreter who has received a Special Immigrant Visa, a “Registry” applicant, an asylee, Special Immigrant Juvenile, an application under the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, and the Nicaraguan Adjustment and Central American Relief Act, or similar provision, or; a Lautenberg Parolee), and 

               I-601.

4. Biometric services in connection with any application or petition, regardless of whether it is listed above.

NOTE: Granting of a fee waiver is at the sole discretion of USCIS.

Immigration Fee Waivers: Part I

U.S. Citizenship and Immigration Services (USCIS) is funded largely by application and petition fees. Waiving a fee transfers the cost of processing the application and petition for free to others through higher fees. However, we recognize that some individuals may not be able to pay the filing fee. This page contains an introduction to the USCIS fee waiver policies and procedures and links to more specific guidelines.

Fee Waiver Guidance

USCIS developed Form I-912, Request for Fee Waiver, in an effort to facilitate the fee waiver request process. USCIS will continue to consider applicant-generated fee waiver requests (i.e., those not submitted on Form I-912) that comply with 8 CFR 103.7(c). Form I-912 instructions give information on the methodology that USCIS uses to make a decision on a fee waiver request, whether the request is submitted on Form I-912 or via an applicant-generated written statement requesting a fee waiver. The instructions provide applicants with guidance on properly completing Form I-912 and submitting supporting documentation.

The review of any fee waiver request will follow a series of steps to determine whether the applicant’s income level or financial condition makes him or her eligible for the fee waiver.

Step 1. Are you receiving a means-tested benefit?  This step instructs an applicant about various acceptable means-tested benefits and the kinds of acceptable evidence used to document the receipt of a means-tested benefits. This step also outlines which family members will be considered as eligible for a fee waiver based upon the primary applicant’s receipt of a means-tested benefit. If you are receiving a means-tested benefit and you have provided sufficient evidence with your fee waiver request, your fee waiver will normally be approved and no further information is required.

Step 2. Is your household income at or below 150% of the Federal Poverty Guidelines at the time of filing? This step instructs an applicant about what is acceptable evidence in determining household income. It also specifies what family members should be included when determining household size. If you have provided sufficient evidence that your household income is at or below the 150 % threshold, your fee waiver will normally be approved.

Step 3. Do you have some financial hardship situation that you would want USCIS to consider when determining eligibility for a fee waiver? This step allows an applicant to list any special circumstances that USCIS should consider in addition to income such as extraordinary expenses and liabilities.

USCIS Announces Adoption Policy for Hague Transition Cases Grandfathered Form I-600A Affected

USCIS Announces Adoption Policy for Hague Transition Cases
Grandfathered Form I-600A Affected

WASHINGTON –U.S. Citizenship and Immigration Services (USCIS) announced today that prospective adoptive parents already in the process of adopting a child from a country that has implemented the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) who filed a Form I-600A, Application for Advance Processing of Orphan Petition, prior to April 1, 2008, and who have received the one time no-charge extension, may file one additional Form I-600A, and continue to proceed with their intercountry adoption through the “orphan” process. The new Form I-600A must be filed before the current approval expires, and only if the prospective adoptive parents have not yet filed the corresponding Form I-600, Petition to Classify Orphan as an Immediate Relative.



U.S. law and regulations allow individuals who began the intercountry adoption process by filing Form I-600A or Form I-600, before April 1, 2008, to continue using these pre-Hague Adoption Convention forms and procedures even if they are adopting a child from a Hague Adoption Convention country. However, depending on the time that it takes prospective adoptive parents to be matched with a child and file Form I-600, the approval of the I-600A might expire before the prospective adoptive parents are able to file Form I-600. By allowing the filing of one new Form I-600A prior to the expiration of the current approved Form I-600A, USCIS is allowing prospective adoptive parents who have been grandfathered into the pre-Hague Adoption Convention process to continue to proceed under this “orphan” process, provided the child’s home country agrees.



If the Form I-600A is no longer valid, prospective adoptive parents must file a Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, with a home study which meets all of the requirements for a Hague Adoption Convention home study. Once a Form I-800A is approved, the Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative may be filed on behalf of the prospective adoptive child.

USCIS Issues TPS Registration Reminder to Eligible Hondurans, Nicaraguans and Salvadorans

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today reminded Hondurans, Nicaraguans and Salvadorans, who are eligible for Temporary Protected Status (TPS), to file a re-registration application for TPS before the end of the re-registration period, (Dec. 1, 2008 for Hondurans and Nicaraguans, and Dec. 30, 2008 for Salvadorans).

The 18-month extension of TPS for nationals of Honduras and Nicaragua will remain in effect until July 5, 2010, and until Sept. 9, 2010 for nationals of El Salvador. Hondurans, Nicaraguans, and Salvadorans who have received TPS previously must re-register for the 18-month extension during the re-registration period. Failure to file a TPS re-registration application during the re-registration period without good cause will result in withdrawal of TPS benefits, including employment authorization and protection from removal from the U.S.

Additional Filing Tips:

• To apply for TPS re-registration you must submit both Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization. Both forms are available online. See "Related Links" on this page or call the USCIS forms line at 1-800-870-3676.
• You must file Form I-765 regardless of whether you wish to request an Employment Authorization Document (EAD). If you are not requesting an EAD, you do not need to submit a fee for Form I-765. Also, leave the boxes under the question, “I am applying for…” blank. The filing address is listed in the Federal Register notice for each country, and in the USCIS Questions and Answers for each country’s extension.
• Submit the appropriate versions of the forms (use Form I-821 dated Oct. 17, 2007 or later and Form I-765 dated May 27, 2008 or later). USCIS will reject applications submitted using earlier editions of the forms.
• Completely fill out the forms and mark all appropriate boxes. In Part 1, of Form I-821, re-registrants should mark the box for re-registration or renewal of temporary benefits.
• Submit the appropriate fee(s) with the applications. Make the check or money order payable to the Department of Homeland Security. To request a fee waiver, you must submit a properly documented request demonstrating your inability to pay. Guidance about fee waivers is online and can be accessed on this page under "Related Links."
• If your address changes after you file your application for re-registration, you must complete and submit a change of address form (AR-11) by mail or electronically. File the Form AR-11 electronically by following the directions online. Access the directions via "Related Links" on this page. You may also mail your Form AR-11 to this address:

U.S. Citizenship and Immigration Services
Change of Address
P.O. Box 7134
London, KY 40742-7134

To facilitate processing your address change on your TPS application, you may call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833) to request USCIS update your address on your application. However, you must still file a completed Form AR-11 with USCIS.

More information is available from the National Customer Service Center by calling 800-375-5283.