Showing posts with label visa. Show all posts
Showing posts with label visa. Show all posts

Tuesday, February 12, 2013

Diversity Visa Lottery Scams: Part IV


What do I need to know about scams?

Scammers try to trick people who enter the Diversity Visa Lottery. Scammers might:
·                 charge you money to help you apply
·                 promise to increase your chance of being picked
·                 send you a message saying you won and ask for money.
If you remember how the Diversity Visa Lottery works, it will be hard for scammers to get your money.
·                 It is free to enter the Diversity Visa lottery at dvlottery.state.gov.
·                 The drawing is random. There is no way to increase your chance of winning.
·                 You can find out your status only at dvlottery.state.gov.
·                 You do not pay until you find out your entry was picked, and you go to the U.S. embassy or consulate in person for your appointment.

What should I do if I spot a scam?

If you suspect a scam, please report it to the Federal Trade Commission:
·                 Call 1-877-382-4357.
·                 Go to ftc.gov/complaint.
You can give as much information as you want. Investigators are happy for any information you give.

Friday, December 14, 2012

New $165 USCIS Immigrant Fee Begins Feb. 1, 2013

On Feb. 1, 2013,U.S. Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the United States. This new fee was established in USCIS’s final rule adjusting fees for immigration applications and petitions announced on Sept. 24, 2010.
USCIS has worked closely with the Department of State (DOS) to implement the new fee which allows USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa holders receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card. The implementation of this new fee is further detailed in a Federal Register notice.
In order to simplify and centralize the payment process, applicants will pay online through the USCIS website after they receive their visa package from DOS and before they depart for the United States. DOS will provide applicants with specific information on how to submit payment when they attend their consular interview. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.
USCIS processes approximately 36,000 immigrant visa packages each month. Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

Wednesday, November 7, 2012

Owner of L.A. Employment Agency Charged with Filing Fraudulent Work Visa Applications

The owner of a Los Angeles employment agency was indicted Thursday, November 1, 2012, on immigration fraud charges for allegedly filing more than 100 bogus work visa petitions on behalf of aliens she falsely claimed had been recruited for positions with prominent hospitals and non-profit organizations.

Lilia Tabafunda, 57, the owner of People's Resources International Services in the Wilshire Center district of Los Angeles, was named in a 10-count indictment returned the afternoon of Thursday, November 1, 2012, by a federal grand jury. The indictment charges Tabafunda with nine counts of visa fraud and one count of perjury. Two of the charges involve alleged fraud and false statements related to Tabafunda's own naturalization application.

"Visa fraud crimes often involve the unwitting and the desperate," said U.S. Attorney André Birotte Jr. "Tabafunda allegedly took this exploitation to new heights, falsely claiming associations with some of America's most trusted organizations, including internationally known cancer centers. Tabafunda exploited the goodwill of these groups for personal gain, shamelessly seeking to compromise the integrity of our naturalization system along the way."

The charges are the result of a probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Department of Labor's Office of the Inspector General. The investigation began in 2007 after HSI received a lead from U.S. Citizenship and Immigration Services' (USCIS) Fraud Detection and National Security Unit that Tabafunda was filing suspicious H-1B non-immigrant visa petitions.

Tabafunda was arrested Oct. 15 by HSI after she attempted to board a Mexico-bound cruise ship, despite prior instructions from special agents not to leave the country. Tabafunda made her initial court appearance the following day and was released on $50,000 bond.

Court documents in the case allege that for nearly a decade Tabafunda used the names of shell companies and non-profit organizations in fraudulent employment-based, non-immigrant visa petitions submitted to USCIS and the U.S. Department of Labor. According to the indictment, Tabafunda falsely claimed that her clients were being sought for positions by prominent organizations, including City of Hope, Barlow Respiratory Hospital in Los Angeles and St. Jude Children's Research Hospital. Among the jobs listed on the fraudulent employment visa petitions were budget analysts, clinical research specialists and "health educators."

Employment-based visas are normally issued when a business in the United States needs someone to fill a specific job and is unable to find a qualified employee in the domestic labor pool. The business can file a petition to allow a particular alien, who is qualified to fill the job, to enter the United States to work for the business.

"It's disturbing that someone would exploit the names of respected hospitals and public service organizations as part of a scheme to defraud the government and the American people," said Claude Arnold, Special Agent in Charge for HSI Los Angeles. "Our message is simple – America's legal immigration system is not for sale and HSI will move aggressively against those who compromise the integrity of that system simply to enrich themselves."

According to court documents, Tabafunda charged her clients anywhere from $2,500 to $10,000 to file visa petitions on their behalf. Most of Tabafunda's clients were Philippine nationals who originally entered the United States on tourist visas.

"Immigration fraud is a serious national problem and this indictment is an outstanding example of all levels of the government working together to fight fraud," said Rosemary Langley Melville, director, USCIS California Service Center. "USCIS officers encountered this scam while processing requests for immigration benefits and worked seamlessly with federal partners to identify and investigate this case. We will continue to identify those who threaten the integrity of our immigration system."

Tabafunda is scheduled to be arraigned on the indictment Nov. 13 in U.S. District Court. If she is convicted of all 10 counts in the indictment, Tabafunda would face a maximum statutory penalty of 95 years in federal prison.

Abel Salinas, special agent in charge of the Los Angeles Regional Office of the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, stated: "Today's indictment reflects our commitment to investigate allegations of fraud involving the Department of Labor Foreign Labor Certification programs. The Office of Inspector General will continue to work with our law enforcement partners to combat these types of crimes."

Monday, October 8, 2012

USCIS to Extend Certain Programs Until Sept. 30, 2015

U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:
·         E-Verify
·         Immigrant Investor (EB-5) Pilot Program
·         Special immigrant visa category for non-minister special immigrant religious workers
·         The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.

Program Details
E-Verify: E-Verify, an Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA), allows participating employers to electronically verify the employment eligibility of their newly hired employees.  More than 402,000 participating employers at nearly 1.2 million worksites nationwide currently use the program.  Since Oct. 1, 2011, more than 20 million employment verification queries have been run through the system and approximately 98.3 percent of all queries are now automatically confirmed without any need for employee action.
Immigrant Investor (EB-5) Pilot Program:  Under the Immigrant Investor Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals, Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis. Currently, there are more than 70 regional centers throughout the United States.
Religious Worker Visa:  The special immigrant visa category for non-minister religious workers covers individuals within a religious vocation or occupation and also applies to accompanying or “following-to-join” spouses and children of these religious workers. USCIS will continue to receive and process Forms 1-360,  Petition for Amerasian, Widow(er), or Special Immigrant, Forms I-485, Application to Register Permanent Residence or Adjust Status,  and Forms I-824, Application for Action on an Approved Application or Petition, that relate to religious workers and their families covered by Public Law 112-176.

Conrad 30:  USCIS will continue to adjudicate immigration benefits covered by the Conrad 30 program.  The Conrad 30 program allows each state health department to submit a request directly to the Department of State to initiate the waiver process for a foreign medical graduate who obtained J-1 status to change to another status without the required two-year foreign residence.  The law previously required the foreign medical graduate to have acquired J-1 status before Sept. 30, 2012; the law now extends the program to cover J-1 admissions before Sept. 30, 2015.

Tuesday, August 28, 2012

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.

Monday, August 13, 2012

First Steps Toward an Immigrant Visa: Upgrading a Petition

If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition
If you filed a petition for your spouse and/or minor children when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:
·                          A copy of the biodata page of your U.S. passport; or
·                          A copy of your certificate of naturalization


Important Notice: If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your minor children when you were a LPR, you must do so now. A child is not included in an immediate relative (IR) petition. (This is different from the family second preference (F2) petition, which includes minor children in their parent's F2 petition.)

Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not a U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

Friday, August 10, 2012

First Steps Toward an Immigrant Visa

The First Step toward an Immigrant Visa: Filing a Petition
As the first step, a sponsoring relative must file a Petition for Alien Relative, Form I-130 with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).
 In certain circumstances, a U.S. citizen living abroad can file an immigrant visa petition outside the United States.  
U.S. Sponsor Minimum Age Requirement
U.S. citizens must be age 21 or older to file petitions for siblings or parents. There is no minimum age for a sponsor to file petitions for all other categories of family based immigrant visas. However, a U.S. citizen or lawful permanent resident (LPR) must be at least 18 years of age and have a residence (domicile) in the U.S. before he or she can sign an Affidavit of Support, Form I-864 or I-864-EZ. This form is required for an immigrant visa for a spouse and other relatives of U.S. sponsors.
Is Residence in the U.S. Required for the U.S. Sponsor?
 Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions.

Thursday, August 9, 2012

Family Based Visas: Overview, Continued

Family Based Visas: Overview, Continued

Numerical Limitations for Limited Family-based Preference Categories

Whenever the number of qualified applicants for a category exceeds the available immigrant visas, there will be an immigration wait. In this situation, the available immigrant visas will be issued in the chronological order in which the petitions were filed using their priority date. The filing date of a petition becomes what is called the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain categories with many approved petitions compared to available visas, there may be a waiting period of several years, or more, before a priority date is reached.


Returning Resident Immigrant Visas (SB)

A lawful permanent resident (LPR) who has remained outside the U.S. for longer than twelve months, or beyond the validity period of a re-entry permit, will require a new immigrant visa to enter the U.S. and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the U.S. due to circumstances beyond his/her control.

Wednesday, June 20, 2012

Sponsoring an Employee for Permanent Resident Status: Part V

Key Information


Immigrant Petition for Alien Worker
I-140
Petition for Amerasian, Widow(er), or Special Immigrant
I-360


USCIS

• On the Internet at: www.uscis.gov
For more copies of this guide, or information about other citizenship and immigration services, please visit our website. You can also download forms, e-file some applications, check the status of an application, and more. It’s a great place to start!
If you don’t have Internet access at home or work, try your local library. If you cannot find what you need, please call Customer Service.
•                      Customer Service: 1-800-375-5283 or
•                      Employment-based Visa Questions: 1-800-357-2099
•                      Hearing Impaired TDD Customer Service: 1-800-767-1833


Other U.S. Government Services
General Information
www.usagov.gov
1-800-333-4636
New Immigrants
www.welcometoUSA.gov

U.S. Dept. of State
www.state.gov
1-202-647-6575
www.travel.state.gov/ visa
U.S. Dept of Labor
www.dol.gov
1-877-872-5627

Wednesday, June 6, 2012

Sponsoring an Employee for Permanent Resident Status: Part I, What Employees Can a U.S. Citizen Employer File For?


Which employees may I file for?



A U.S. employer may sponsor a prospective or current foreign national employee who is inside or outside the United States and who may qualify under one or more of the employment-based (EB) immigrant visa categories. The EB visa categories are divided into several preference categories. These EB visa categories are organized by occupational priorities as mandated by Congress. The first four of these EB visa categories are available to otherwise eligible foreign nationals sponsored by U.S. employers:



EB-1 – Priority Workers

•                      Aliens with extraordinary ability in the sciences, arts, education, business, or athletics;

•                      Outstanding professors and researchers;

•                      Multinational executives and managers.



EB-2 – Professionals With Advanced Degrees or Persons With Exceptional Ability

• Aliens who, because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural, or educational interests or welfare of the United States;

• Aliens who are members of professions holding advanced degrees or the equivalent.



EB-3 – Professional or Skilled Workers

•                      Professionals with a baccalaureate degree;

•                      Aliens capable of performing skilled labor (requiring at least 2 years of training or experience) for which qualified workers are not available in the United States;

•                      Aliens capable of performing unskilled labor for which qualified workers are not available in the United States.



EB-4 – Special Immigrants

•                      Religious workers;

•                      Panama Canal Company Employees, Canal Zone Government Employees, or U.S. Government in Canal Zone Employees;

•                      Certain physicians;

•                      Certain others.

Friday, October 7, 2011

USCIS Wants to Know What YOU Think!


U.S. Citizenship and Immigration Services (USCIS) seeks public comments on a proposed rule published in the Federal Register yesterday that would enable USCIS to process certain applications approved between 1995 and 1998 by immigrant investors under the fifth preference employment-based immigrant visa classification, also known as EB-5.

The proposed rule would implement provisions of the 21st Century Department of Justice Appropriations Authorization Act. These provisions apply to a group of immigrant investors who had a Form I-526, Immigrant Petition by Alien Entrepreneur, approved between Jan. 1, 1995, and Aug. 31, 1998.

Specifically, the rule would enable USCIS to process cases for approximately 580 principal immigrant investors and their dependents whose Forms I-526 were approved during the period described above and who, prior to Nov. 2, 2002, sought to:

·         Register for permanent residence or adjust their status (using Form I-485); or

·         Remove conditions on permanent residence obtained as an alien entrepreneur (using Form I-829).

The processes outlined in the proposed rule would provide an additional two-year period for most of these immigrant investors to meet the EB-5 investment and job-creation requirements. This rule would not impact any other applications or petitions filed under the EB-5 program.

EB-5 visas are available to immigrants seeking to enter the United States to invest capital in a commercial enterprise that will create at least 10 full-time jobs for qualifying U.S. workers.
The public has 60 days—from Sept. 28 to Nov. 28, 2011—to submit comments on this proposal, which is available for review at www.regulations.gov.

Wednesday, December 3, 2008

Cheshire v. Cheshire - I-864 Affidavit of Support Enforcement in Divorce Action

MARIA VOLODINA CHESHIRE, Plaintiff, vs. WALTER MAXWELL CHESHIRE, Defendant.


Case No. 3:05-cv-00453-TJC-MCR

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, JACKSONVILLE DIVISION


May 4, 2006, Decided; Nunc Pro Tunc to April 26, 2006

COUNSEL: [*1] Maria Volodina Cheshire, Plaintiff, Pro se, Jacksonville, FL.

For Walter Maxwell Cheshire, Defendant: Sandra K. Haas, Sandra K. Haas, Attorney at Law, Branford, FL.

For Walter Maxwell Cheshire, Counter Claimant: Sandra K. Haas, Sandra K. Haas, Attorney at Law, Branford, FL.

JUDGES: TIMOTHY J. CORRIGAN, United States District Judge.

OPINIONBY: TIMOTHY J. CORRIGAN

OPINION: FINDINGS OF FACT AND CONCLUSIONS OF LAW n1

Pro-se plaintiff, Maria Cheshire, a Russian immigrant living in the United States under permanent resident status, filed her complaint against defendant, Walter Cheshire, her ex-husband and a U.S. citizen, under § 213A of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1183a, seeking to enforce two affidavits of support, Form I-134 and Form I-864, signed by defendant on plaintiff's behalf. (Doc. 1.) By the Order denying all pending motions and setting case for final hearing (Doc. 53), the Court determined it has subject matter jurisdiction over this action, predicated upon 8 U.S.C. § 1183a and 28 U.S.C. § 1331.

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -


n1 Under the E-Government Act of 2002, this is a written opinion and therefore is available electronically. However, it has been entered only to decide the matter addressed herein and is not intended for official publication or to serve as precedent.


- - - - - - - - - - - - End Footnotes- - - - - - - - - - - - - - [*2]

At the March 24, 2006 final hearing, all parties were present, and the Court heard testimony from witnesses for both sides. (See Doc. 56.) In addition to defendant testifying on his own behalf, witnesses Norman Richard Storch and Earl Monroe Frazer testified for defendant at the hearing. Plaintiff was the sole witness testifying on her behalf. After careful consideration of the record and relevant law, this case is ready for decision pursuant to Rule 52(a), Federal Rules of Civil Procedure.

I. Findings of Fact

The facts are derived from the hearing testimony, the parties' filed papers, and the exhibits admitted during the final hearing. In 1997, plaintiff was living in Buenos Aires, Argentina when she first met the defendant. The couple had been communicating with each other prior to this meeting and defendant testified that he went to meet plaintiff in Argentina with the intention of getting married; the two were married there in June 1997. Upon his first attempt to obtain an exit visa for plaintiff to leave Argentina and return with defendant to the United States, defendant had to sign an affidavit of support.. This affidavit [*3] of support, Form I-134, was executed by defendant on August 18, 1997. However, U.S. immigration authorities denied plaintiff admission to the United States at that time. Subsequently, defendant returned to the United States alone, leaving plaintiff, his new wife, in Buenos Aires.

On January 9, 1998, defendant made a second attempt to have plaintiff admitted to the United States. At that time, defendant filled out a packet of immigration paperwork on plaintiff's behalf and executed another affidavit of support, this time on Form I-864. Shortly thereafter, in mid-January 1998, plaintiff was admitted to the United States. On January 25, 1998, plaintiff was issued a permanent resident card by the United States Immigration and Naturalization Service (INS).

Although evidence is conflicting as to the dynamics of the relationship between the parties after the time plaintiff was admitted to the United States, the parties were divorced in 2001. On September 28, 2001, the Circuit Court, Third Judicial Circuit, in and for Suwannee County, Florida issued a Partial Final Judgment of Dissolution of Marriage dissolving the parties' marriage, but reserving all other issues for a final hearing. The [*4] Florida court issued a Supplemental Final Judgment of Dissolution of Marriage on December 20, 2001, making a final determination on support issues between the parties; the court did not award alimony or support to either party, and the state judge did not address the issue of any obligation under the affidavits of support at issue here.

II. Conclusions of Law

A. INA Background

Generally, aliens applying for admission to the United States must present certain documents, such as a valid unexpired immigrant visa and an unexpired passport, in order to enter the country. 8 U.S.C. § 1181(a). However, certain classes of aliens are ineligible to receive visas, to gain admission to the United States, or to seek adjustment of immigrant status. 8 U.S.C. § 1182(a). These classes include, but are not limited to, aliens with specific health-related problems (8 U.S.C. § 1182(a)(1)), aliens with certain criminal backgrounds (8 U.S.C. § 1182(a)(2)), aliens that pose distinct security concerns (8 U.S.C. § 1182(a)(3)), and aliens likely to become public charges (8 U.S.C. § 1182(a)(4) [*5] ). In determining whether an alien is inadmissible as a public charge, the consular officer or the U.S. Attorney General will consider, at a minimum, the alien's age; health; family status; assets, resources, and financial status; and education and skills. 8 U.S.C. § 1182(a)(4)(B)(i). In addition to these factors, the officer or Attorney General may also consider any affidavit of support executed on the alien's behalf. 8 U.S.C. § 1182(a)(4)(B)(ii). For family-sponsored immigrants, as opposed to employment-based immigrants, an immigrant seeking admission or adjustment of immigrant status will be inadmissible unless the alien "has obtained status as a spouse . . . of a United States citizen" or status under another acceptable classification, and "the person petitioning for the alien's admission . . . has executed an affidavit of support described in section 1183a . . . ." 8 U.S.C. § 1182(a)(4)(c)).

B. Form 1-134

In the past, INS used Form I-134 as the statutory affidavit of support necessary to overcome the public charge ground of inadmissability for a sponsored immigrant. Charles Wheeler, The Affidavit of Support [*6] and Sponsorship Requirement, 98-06 Immigr. Briefings 1 (1998). However, Form 1-134 was typically submitted at the discretion of the visa applicant. Id. Form I-134 "provided some limited assurance that a third party was willing to assist the visa applicant so that he or she would not become a public charge," and provided for support of the sponsored immigrant for only three years. Id. However, federal courts have consistently found that Form 1-134 is not a legally enforceable contract against a sponsor by a sponsored immigrant. See, e.g., Tornheim v. Kohn, 2002 U.S. Dist. LEXIS 27914, No. 00 CV 5084(SJ), 2002 WL 482534, at *1, *5 (E.D.N.Y. Mar. 26, 2002) (finding that because defendant signed the affidavit of support on Form 1-134, instead of on Form I-864, defendant had not signed a legally binding contract); Stump v. Stump, No. 1:04-CV-253-TS, 2005 WL 1290658, at *1, *4 (N.D. Ind. May 27, 2005) (finding Form 1-134 to be "a nonenforceable promise by the sponsor to support the alien"). In the case before the Court, though defendant executed Form I-134 on the plaintiff's behalf, it is not a binding contract between the parties; thus, plaintiff, the sponsored immigrant, [*7] cannot enforce its terms. Nevertheless, defendant also executed a second affidavit of support on Form I-864.

C. Form 1-864

Regulations provide that Form 1-864 applies to applications for visas or adjustments of immigrant status filed on or after December 19, 1997. 8 C.F.R. § 213a.2(a)(2)(i). Despite the fact that defendant's signature appears on the Form I-864, defendant testified that he did not "have any recollection" of signing this form. However, after reviewing the signed Form I-864 at the hearing, defendant acknowledged that it was his signature, dated January 9, 1998, appearing on that form and that he had sent in a packet of documents to the authorities about that time to try to get a visa for plaintiff.

The language of Section 1183a prescribes the statutory requirements of the Form I-864 affidavit of support. See 8 U.S.C. § 1183a. Under the statute, an affidavit of support filed on behalf of an immigrant to establish that an immigrant is not excludable as a public charge is enforceable as a contract. 8 U.S.C. § 1183a(a)(1). Section 1183a(a)(1), provides that:
No affidavit of support [*8] may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 1182(a)(4) of this title unless such affidavit is executed by a sponsor of the alien as a contract:
(A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable;

(B) that is legally enforceable against the sponsor by the sponsored alien, the Federal Government, any State . . . or by any other entity that provides any means-tested public benefit . . . ; and

(C) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (b)(2) of this section.


8 U.S.C. § 1183a(a)(1) (emphasis added).

In addition to the statutory language, the express terms of Form 1-864 provide that by signing the form, defendant obligated himself "to provide the sponsored immigrant(s) whatever support is necessary to maintain the sponsored immigrant(s) at an income that is at [*9] least 125 percent of the Federal poverty guidelines." (Doc. 1 at 7, Affidavit of Support Form I-864 at 4.) By executing Form I-864, defendant agreed to its terms, "acknowledging that section 213A(a)(1)(B) of the [INA] grants the sponsored immigrant(s) . . . standing to sue me for failing to meet my obligations under this affidavit of support." (Doc. 1 at 9, Affidavit of Support Form I-864 at 6.) Defendant "agree[d] to submit to the personal jurisdiction of any court of the United States or of any State, territory, or possession of the United States if the court has subject matter jurisdiction of a civil lawsuit to enforce this affidavit of support." (Id.) Thus, the very terms of Form I-864 bind defendant to provide plaintiff with the requisite amount of support.

Further, federal courts in other jurisdictions have consistently found that Form 1-864 constitutes a legally binding and enforceable contract between a sponsored immigrant and the sponsor executing the form. See Schwartz v. Schwartz, No. CIV-04-770-M, 2005 WL 1242171, at *1,*2 (W.D. Okla. May 10, 2005) (finding affidavit of support Form I-864 signed by ex-husband sponsor on ex-wife sponsored immigrant's [*10] behalf a valid and enforceable contract); Stump, 2005 WL 1290658, at *1, *10, *11 (finding Form I-864 a binding contract and enforcing its terms, where form was executed by husband sponsor on wife sponsored immigrant's behalf, even where divorce was pending between husband and wife); Ainsworth v. Ainsworth, No. 02-1137-A, 2004 U.S. Dist. LEXIS 28961, at *1, *7-8 (M.D. La. May 27, 2004) (finding affidavit of support Form I-864 an enforceable contract between ex-wife sponsored immigrant and ex-husband sponsor). Both by law and by its terms, Form I-864, signed by defendant, is a valid contract.

D. Enforceability of Form I-864

Defendant asserts that even if the Court finds Form I-864 to be a valid contract between the parties, the contract was entered into under fraud or duress, it is unconscionable, lacks consideration, and plaintiff breached the contract. Where a sponsored immigrant "never intended to enter into a lasting marital relationship, but was merely using the sponsor to gain immigrant status," it could be argued that the marriage was the result of fraudulent inducement on the part of the sponsored immigrant; however, the sponsor has the [*11] burden of proving that the immigrant committed such fraud. Charles Wheeler, Alien vs. Sponsor: Legal Enforceability of the Affidavit of Support, 10-23 Bender's Immigr. Bull. 3 (2005).

After a careful review of the evidence, the Court rejects defendant's argument that he was fraudulently induced into signing Form I-864. The Court finds a lack of evidence adequate to prove that plaintiff defrauded defendant into signing Form I-864 with a promise of marriage that she had no intention of maintaining. While the marriage was beset by problems early on, there is insufficient evidence that plaintiff, from the beginning, had no intention to remain married once she came to the United States.

Similarly, the Court fails to find evidence that the affidavit of support Form I-864 was an unconscionable or illusory contract, that plaintiff breached the contract, or that there was a lack of consideration. Under the terms of the affidavit, the consideration for defendant's promise to support plaintiff was plaintiff being granted entry into the United States. By signing Form I-864, defendant agreed to "submit this affidavit of support in consideration of the sponsored immigrant(s) not being found [*12] inadmissible to the United States . . . and to enable the sponsored immigrant to overcome [the public charge] ground of inadmissibility." (Doc. 1 at 7, Affidavit of Support Form I-864 at 4.) As such, the Court finds insufficient evidence to support any of the asserted defenses against the validity of the Form I-864 that defendant signed.

E. Effect of Parties' Divorce on Support Obligation

Pursuant to the INA and the terms of Form I-864, a sponsor's support obligations to the sponsored immigrant under an affidavit of support terminate only upon the occurrence of one of five circumstances: 1) the sponsor's death, 2) the sponsored immigrant's death, 3) the sponsored immigrant becoming a U.S. citizen, 4) the sponsored immigrant permanently departing the U.S., or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters of work. 8 U.S.C. § 1183a(a)(2), (3); 8 C.F.R. § 213a.2(e); Doc. 1 at 7, Affidavit of Support Form I-864 at 4. "A qualifying quarter is a unit of wages in covered employment," under the Social Security Act. Wheeler, The Affidavit, supra, at 20. The majority of sponsored immigrants will have [*13] to work ten years to meet the 40 quarters requirement, as a maximum of four quarters can be earned in a year. Id. However, sponsored immigrants can be credited with quarters earned by the immigrant's spouse during the marriage, but only if the alien remains married to that spouse, which is inapplicable in this case where the parties are divorced. 8 U.S.C. § 1183a(a)(3)(B)(ii). Neither the statute nor any regulations require that the sponsored immigrant "notify the sponsor when any of the [five] conditions has been satisfied." Wheeler, The Affidavit, supra, at 21. Thus, it is likely difficult for a sponsor to know when his obligations under the affidavit of support end. Id.

Because financial obligations under the affidavit of support terminate only upon the occurrence of one of the five circumstances above, divorce will not invalidate the contract created by the affidavit of support. Id. As such, a spouse sponsoring an immigrant spouse can be liable under the affidavit of support even after divorce. Id. Indeed, instructions accompanying the affidavit of support Form I-864 provide that "divorce does not terminate the obligation" of a sponsor [*14] to support the sponsored immigrant. (Doc. 1 at 10, Affidavit of Support Instructions at 1.) Moreover, federal courts have found that divorce between a sponsored immigrant and a sponsor does not necessarily negate a sponsor's financial liability under an affidavit of support. See, e.g., Schwartz, 2005 WL 1242171, at *2 (finding that "a sponsor and a sponsored immigrant's divorce does not automatically terminate the sponsor's obligations under the affidavit of support," in case where plaintiff, permanent resident alien of the U.S. and defendant's ex-wife, brought suit against ex-husband sponsor seeking to enforce affidavit of support); see also Stump, 2005 WL 1290658, at *10 (holding former husband, sponsor, liable to former wife, sponsored immigrant, for financial support under terms of affidavit of support where parties' divorce was pending); Ainsworth, 2004 U.S. Dist. LEXIS 2896, at *6 (noting that divorce did not end enforceability of affidavit of support contract). Thus, that the parties in this case are divorced does not alleviate defendant's obligation to support plaintiff according to Section 1183a and the terms of Form I-864. [*15]

F. Remedy

Based on the evidence, the Court finds that defendant in fact supported plaintiff up through the parties' divorce in late 2001. Thus, the evidence establishes that defendant honored his support obligation to plaintiff from January 8, 1998, the date defendant signed the affidavit of support, until the 2001 divorce. Defendant testified that he has not provided plaintiff any kind of support since the divorce (he was not required to pay alimony under the divorce decree). As such, the Court finds that defendant is only liable to plaintiff for support after the date of the parties' final divorce resolution on December 20, 2001.

Section 1183a and the terms of Form I-864 provide for the appropriate "measure of damages that would put plaintiff in as good a position as she would have been had the contract been performed." Stump, 2005 WL 2757329, at * 8. Accordingly, from December 20, 2001 forward defendant remains obligated to provide plaintiff with support equal to 125% of the federal poverty guidelines. Pursuant to the Federal Register, for a household size of one person, the poverty guidelines for 2001, 2002, 2003, 2004, 2005, and 2006 are as follows:n2$ 8,590
2002:n3$ 8,860
2003:n4$ 8,980
2004:n5$ 9,310
2005:n6$ 9,570
2006:n7$ 9,800

[*16]

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n2 Annual Update of the HHS Poverty Guidelines, 66 Fed. Reg. 10695 (Feb. 16, 2001).


n3 Annual Update of the HHS Poverty Guidelines, 67 Fed. Reg. 6931, 6932 (Feb. 14, 2002).


n4 Annual Update of the HHS Poverty Guidelines, 68 Fed. Reg. 6456, 6457 (Feb. 7, 2003).


n5 Annual Update of the HHS Poverty Guidelines, 69 Fed. Reg. 7336 (Feb. 13, 2004).


n6 Annual Update of the HHS Poverty Guidelines, 70 Fed. Reg. 8373, 8374 (Feb. 18, 2005).


n7 Annual Update of the HHS Poverty Guidelines, 71 Fed. Reg. 3848 (Jan. 24, 2006).


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The following figures represent 125% of the above federal poverty levels, calculated by a pro rata amount for 2001, based on the date of the parties' divorce, on December 20, 2001, and calculated for the 2006 year-to-date, April 26, 2006:2001:$ 10,737.50 - (10,737.50 x 354/365) = $ 323.60
2002:$ 11,075
2003:$ 11,225
2004:$ 11,637.50
2005:$ 11,962.50
2006:$ 12,250 x 116/365 = $ 3,893.15

[*17]

Total of 125% of federal poverty level for 2001-2006 = $ 50,116.75

A sponsor's financial obligation under the affidavit of support should be reduced by the amount of any income or benefits the sponsored immigrant receives from other sources. Wheeler, The Affidavit, supra, at 7. Moreover, the express terms of Form I-864 provide that a "sponsored immigrant's assets may also be used in support of [a sponsor's] ability to maintain income at or above 125 percent of the poverty line if the assets are or will be available in the United States for the support of the sponsored immigrant(s) . . . ." (Doc. 1 at 7, Affidavit of Support Form I-864 at 4.) As such, the Court will reduce the total amount of support ($ 50,116.75) defendant owes plaintiff by the total amount of plaintiff's income and benefits earned since the date of the parties' divorce in 2001. Although both parties did a poor job of providing evidence of these amounts, after careful review of all the evidence, the Court finds that plaintiff has received the following income and benefits since the date of the divorce:

1. $ 371 in gross wages from Florida Times-Union earned from December 19, 2001 through December 28, 2001 (pay [*18] date of January 3, 2002). (Doc. 1 at 20.) n8

2. $ 11,088 in gross wages in 2002 based on plaintiff's calculation in her motion for summary judgment prayer for relief. (Doc. 43 at 4.)

3. $ 11,088 in gross wages in 2003 based on plaintiff's calculation in her motion for summary judgment prayer for relief. (Doc. 43 at 4.) n9

4. $ 4,804.79 in gross wages from North Florida Chiropractic & Rehabilitation Center in 2004. (Plaintiff's Composite Exhibit, 2004 W-2.)

5. $ 7,835.75 in gross wages from Shivers Trading and Operating Company in 2004. (Plaintiff's Composite Exhibit, 2004 W-2.)

6. $ 6,608 in gross wages from Morris Publishing Group in 2004. (Doc. 1 at 21.) n10

The total amount of income received from these sources (items 1-6) is $ 41,795.54. n11 Accordingly, plaintiffs total damages are calculated as follows:

Total of 125% of federal poverty level for relevant dates from 2001-2006 = $ 50,116.75

Total adjusted for income received: $ 50,116.75 - $ 41,795.54 = $ 8,321.21

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n8 At the final hearing, plaintiff testified that she worked for the Florida Times-Union for more than three years and that she had a part-time job at a rate of $ 7. It appears that this figure of $ 371, as provided on a 2002 pay stub, supports plaintiff's testimony. [*19]



n9 In plaintiff's motion for summary judgment (Doc. 43 ), plaintiff asserted that she had a job from 2001-2004 in which she calculated earnings at $ 11,088.00 per year. (Id. at 4.)


n10 Neither party has provided evidence as to any income or benefits plaintiff received in 2005 or in the 2006 year-to-date.


n11 There is limited evidence that plaintiff received food stamps during the period after the parties' divorce. However, there is no direct evidence as to the value of the food stamps. As such, the Court cannot determine the amount of set-off from any food stamps.


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III. Conclusion

Based upon the above figures, defendant owes plaintiff $ 8,321.21 for past support accumulated between the date of the divorce and April 26, 2006. Judgment will be entered against defendant in that amount. Defendant's obligation to sponsor plaintiff will continue until such time as the obligation expires by law. Under the language of 8 U.S.C. § 1183a, only the happening of one of the five outlined events will terminate defendant's obligation of support. n12 Thus, until [*20] one of the events transpires, defendant must continue to maintain plaintiff at 125% of the current federal poverty level.

- - - - - - - - - - - - - - Footnotes - - - - - - - - - - - - - - -


n12 While the Court recognizes that plaintiff has worked some, there is no requirement that plaintiff continue to work or that she obtain 40 qualifying quarters to relieve defendant of his obligation. See 8 U.S.C. § 1183a; Doc. 1 at 4-9, Form I-864.


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At the final hearing, defendant testified that at his present income level, he does not have adequate financial resources to pay his support obligations to plaintiff. Although the Court finds some evidence of defendant's inability to pay plaintiff under this judgment, the issue of whether defendant can pay is irrelevant to the issue of defendant's liability. The judgment is against defendant; however, it is up to plaintiff to use lawful methods to try to collect the judgment. n13

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n13 By signing the affidavit of support, defendant "acknowledge[d] that [] plaintiff may seek specific performance of [the] support obligation." (Doc. 1 at 9, Affidavit of Support Form I-864 at 6.) The terms of Form I-864 provide that "any money judgment against [a sponsor] based on this affidavit of support may be collected through the use of a judgment lien under 28 U.S.C. 3201, a writ of execution under 28 U.S.C. 3203, a judicial installment payment order under 28 U.S.C. 3204, garnishment under 28 U.S.C. 3205, or through the use of any corresponding remedy under State law." (Doc. 1 at 9, Affidavit of Support Form I-864 at 6.) A sponsor "may also be held liable for costs of collection, including attorney's fees." (Doc. 1 at 9, Affidavit of Support Form I-864 at 6.) Because plaintiff represented herself, there are no attorney's fees.


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[*21]

Accordingly, it is hereby

ORDERED:

1. The Clerk is directed to enter judgment in favor of plaintiff, Maria Cheshire, and against defendant, Walter Cheshire, in the amount of $ 8,321.21, nunc pro tunc to April 26, 2006. Defendant's future obligation to support plaintiff at 125% of the then existing federal poverty guidelines shall continue until such time as the obligation expires by law. 8 U.S.C. § 1183a(a)(2), (3); 8 C.F.R. § 213a.2(e).

2. Defendant's Motion to Strike Plaintiff's March 27, 2006 Miscellaneous Motion (Doc. 58) is GRANTED because plaintiff's motion was an unauthorized post-hearing submission. Plaintiff's Miscellaneous Motion (Doc. 57) is hereby STRICKEN and removed from the files of the Court. The Court directs the Clerk to return plaintiff's Miscellaneous Motion and attached exhibits to her.

DONE AND ORDERED at Jacksonville, Florida this 4th day of May, 2006, nunc pro tunc to April 26, 2006.

TIMOTHY J. CORRIGAN

United States District Judge

Tuesday, November 18, 2008

Office of Visa Services - Consular Processing Questions

Who We Are - Office of Visa Services



The Office of Visa Services, in the Consular Affairs Bureau, Department of State provides several functions:

• We serve as liaisons with the Department of Homeland Security
• We serve as liaisons between the Department of State and embassies and consulates abroad on visa matters
• We interpret visa laws and regulations, and act as a point of contact for the public

When to Contact Us vs. Department of Homeland Security (DHS)
Defining the different roles and responsibilities of the Department of Homeland Security and the Department of State can be confusing. We hope this information will assist you:

Contact the Department of State, an embassy or consulate abroad with questions about U.S. visas, including application, the status of visa processing, and for inquiries relating to visa denial.

Visa Services, Public Inquiries can usually explain what aspects of immigration law and regulation are applicable in certain cases, and can also check the current status of a particular case, if processing has been delayed.

Department of Homeland Security is responsible for the approval of all immigrant and nonimmigrant petitions, the authorization of permission to work in the U.S. , the issuance of extensions of stay, and change or adjustment of an applicant's status while the applicant is in the U.S.

Questions about these matters should be referred to the US CIS district office having jurisdiction over the applicant's present or future place of domicile in the United States.

How to Contact Us - Office of Visa Services



Visa Information and Assistance - The recommended first source of information regarding visa matters is our internet site at http://travel.state.gov . For overview visa information see Destination USA .
Contact the Department of State, an embassy or consulate first with inquiries through the Internet at http://travel.state.gov/travel/tips/embassies/embassies_1214.html.
Contacting Visa Services - Information is available to the public by telephone at the Visa Services, Public Inquiries Division at (202) 663-1225. The telephone number provides the caller with a selection of pre-recorded information and the ability to talk to a visa specialist during business hours. Persons desiring information about a specific visa applicant are advised that immigration law provides specific prohibitions about providing case specific information to third parties. Before calling with a visa inquiry, we request that you carefully review this website and also the Embassy Consular Website abroad. NOTE: When making a visa inquiry, Public Inquiries Division prefers that you contact us by telephone or e-mail. The Public Inquiries Division is not able to accept visa inquiries by Fax.
Important Telephone Numbers and E-mail Addresses
For inquiries about visa cases and the application process call: 202-663-1225.
To e-mail the Visa Office for general information, write us at usvisa@state.gov .

For inquiries by U.S. companies and organizations needing business (B-1) visitor visa information only, e-mail: businessvisa@state.gov or call: 202-663-3198.
For inquiries about F-1 or M-1 student visas, or about J-1 exchange visitor visas, please contact our Student/Exchange Visitor Visa Center at: fmjvisas@state.gov.

For information about pending applications for Waiver of Foreign Residence Requirement, applicants should see the online J waiver status .
To reach the National Visa Center (Immigrant visa inquiries) call: 603-334-0700 or e-mail: NVCINQUIRY@state.gov.
To reach the Kentucky Consular Center (Diversity Visa inquiries) call : 606-526-7500