ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Recent Blogs Posts

  1. Denaturalization Task Force To Be Set Up By USCIS


    USCIS plans to establish an office in Los Angeles to focus on denaturalization. It will refer potential cases to the US Department of Justice.

    The USCIS cannot assure compliance with the law because old paper-based records containing fingerprint information from the FBI and DHS can’t be searched electronically. All such records need to be digitized.


    In 2008, a CBP officer identified 206 persons who used different names or other biographical information to gain US citizenship or other immigration benefits. This occurred because ICE did not consistently add digital fingerprint records of immigrants whom agents encountered until 2010.

    On September 18, 2016, the DHS Office of the Inspector General issued a report entitled Potentially Ineligible Individuals Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records.


    The report found that that “USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity when, during the naturalization process, their digital fingerprint records were not available.” Overall, the report found that fingerprint records were missing from hundreds of thousands of cases.

    The report recommended that DHS establish a plan for evaluating the eligibility of those naturalized citizens whose fingerprint records reveal deportation orders under a different identity. Reports indicate that 95 of the 2,536 naturalization cases reviewed by DHS have been referred to the Justice Department for possible denaturalization.

    In January 2017, the USCIS assigned officers to the Operation Janus joint task-force to look into this problem. As a result, in September 2017, the Justice Department brought a number of lawsuits seeking to denaturalize persons who were granted US citizenship using false identities. In January 2018, the first person was denaturalized under this program.

    In June 2018, USCIS Director Francis Cissna announced that his agency planned to hire “several dozen lawyers and immigration officers to review cases of immigrants who were ordered deported and are suspected of using fake identities to later get green cards and citizenship through naturalization.”

    The USCIS plans to establish an office in Los Angeles to focus on denaturalization. The office will review the records of people who have become US citizens since 1990 (over 17 million persons) in order to identify people who deliberately lied on their citizenship applications. Director Cissna predicted that several thousand cases will be referred to the Justice Department for denaturalization.

    Using a false identity to become a US citizen is an obvious reason for the government to seek to denaturalize a person. However, the USCIS’s approach to remedying this problem is deeply troubling for at least 2 reasons.

    First, the USCIS is not requesting any funding for this program from the Federal Government. Instead, it proposes to simply reallocate funds from the immigration application fee account, which is likely to slow the processing time for legitimate immigration and naturalization petitions. USCIS filing fees for N-400 applications have already risen from $15 when I served as an INS Citizenship Attorney to $640 (plus a biometrics fee of $85) today. And, despite these enormous increases in filing fees, the average waiting times for naturalization interviews have risen to over one year in many USCIS District Offices nationwide.

    Second, in many cases, seeking denaturalization can often be a waste of precious time and resources.

    Consider the pending denaturalization case which the government recently brought against a Florida woman by the name of Norma Borgono.





    Ms. Borgono is a 63-year-old woman who immigrated to the US from Peru 28 years ago. She became a naturalized US citizen in 2007. She suffers from a rare kidney disease.

    Working as a secretary of an export company called Texon Inc., Ms Borgono prepared paperwork for her boss, who pocketed money from doctored loan applications filed with the US Export-Import Bank. Ms. Borgono never benefitted financially from her boss’s fraud scheme.

    In 2011, she helped the federal government convict her boss, took a plea deal (She pled guilty to conspiracy to defraud the United States and to commit mail fraud.) and was sentenced to 1 year of house arrest, 4 years of probation and $5,000 restitution.

    She worked 2 jobs to pay off her restitution, and was relieved of her sentence early.

    In May 2018, many years after she served her sentence, the government notified her that they were seeking to take away her US citizenship.
    Why? The stated reason was because she did not reveal her criminal activity on her application for citizenship even though she was not charged with a crime until well after she became a US citizen.

    In the past, denaturalization was usually reserved for Nazis, dangerous criminals and funders of terrorist organizations. Not any more.

    Is it really a priority for the government to spend precious time and resources in attempting to denaturalize people like Ms. Borgono? Or is the real intent to continue to demonize and intimidate immigrants?

    Updated 07-23-2018 at 12:58 PM by CShusterman

  2. ICE Sweeps Through South

    By: Bruce Buchanan, Sebelist Buchanan Law

    During the week of July 16, 2018, Immigration and Customs Enforcement (ICE) through Homeland Security Investigations (HSI), swept across at least three states, Tennessee, Georgia and Arkansas, delivering Notices of Inspection (NOI). According to an ICE official, HSI delivered 43 NOIs/subpoenas in Arkansas, 40 in West Tennessee, and an unknown number in Georgia.

    Earlier in the year, ICE had concentrated on California in worksite enforcement. It was anticipated that ICE would go east with NOIs although it was unknown which states would be hit in these waves of NOIs.

    Best advice for anyone who receives an NOI – retain an immigration attorney familiar with I-9 forms and worksite enforcement. Failure to obtain experienced legal counsel could be of great detriment to that employer.

    Will your company be next? My advice is be prepared through an internal I-9 Audit. An immigration attorney familiar with I-9 forms and worksite enforcement is the perfect person to assist you in an internal I-9 audit.

    If you want to know more information on employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.
  3. Letters of the Week: July 23 - July 27

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: