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March 21, 2008

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Having an attorney won't necessarily prevent your case from being referred for a Stokes. Yes, there are bad apples like Baichu. But the real problem is a system that puts so much power in the hands of one individual, with so little recourse, and with such seemingly arbitrary guidelines that the DAO doesn't have to explain to the applicant. A DAO can refer a spousal adjustment case to a second interview without offering any explanation at all why he/she is doing it. It could be a simple factual misunderstanding, it could be straight racism, it could be that the DAO just didn't get enough sleep the night before--the applicant may never really know. How is this a fair or effective decisionmaking process?

Maybe time for USCIS to audit this guys green card and citizenship application.

I was shocked to read this article, and depressed to read again about this type of egregious behavior by a government employee. When you're a low level employee, it can be hard to resist taking advantage of your position - either when its offered unsolicited, or when you realize you can directly exploit your role, as this officer did. The article said that he made about $50K - that's not much money for the NYC area.

One of the best ways to protect yourself from this type of behavior is to hire an attorney for the green card and/or naturalization application. The attorney goes with you to any USCIS interview, and having a neutral 3rd party in the room makes it much harder for a corrupt agent or officer to act in an abusive or improper manner. (Most of them are not that stupid.) The attorney can also complain to a supervisor or the district director about improper behavior or inappropriate contact between an examiner and an applicant.

I hope that the woman in the article gets her green card - it took a great deal of courage to come forward as she did. Who knows how many other women he's done this to before?

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