Visa Lawyer Blog

Haitian F-1 students experiencing severe economic hardship from the Jan. 12, 2010 Haiti earthquake eligible for employment authorization. Immigration and Customs Enforcement (ICE) has approved special relief for certain F-1 Haitian students who have suffered severe economic hardship as result of the Jan. 12 earthquake in Haiti. This relief applies only to students who were lawfully present in the United States in F-1 status on Jan. 12, and enrolled in an institution that is certified by ICE's Student and Exchange Visitor Program.

The suspension of certain regulatory requirements, by notice in the federal register, allows eligible Haitian F- 1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load while continuing to maintain their F-1 student status. F-1 students granted employment authorization by means of this notice will be deemed to be engaged in a full course of study if they meet the minimum course-load requirements specified in the notice.

U.S. Citizenship and Immigration Services will celebrate the grand opening of its new field office and application support center in Bedford on Thursday, Sept. 2, with a ribbon-cutting ceremony, naturalization ceremony and tours of the facility. USCIS Associate Regional Director Shelley Goodwin will preside during the naturalization ceremony and will administer the Oath of Allegiance to 25 citizenship candidates. She will be joined by USCIS’ Boston District Director Denis Riordan and USCIS’ Manchester Field Office Director Simon Abi Nader.

Gov. John Lynch will join USCIS and delivering remarks for the special naturalization ceremony. Joining USCIS for the ribbon-cutting ceremony will be Bedford Town Manager Russell Marcoux, Mayor of Manchester Ted Gatsas and Glenn C. Rotondo, acting regional administrator of General Services Administration, New England region.

The new office, at 9 Ridgewood Road, will provide a range of immigration services, including naturalization interviews, lawful permanent resident processing, fingerprinting and photographic services and is well-suited to serve the area’s immigrant community. The new facility replaces the former Manchester location on Canal Street. The new office is based on a national model for new USCIS office locations throughout the country.

The new building is being dedicated to Sgt. Major Abraham Cohn, Civil War Medal of Honor recipient. Cohn was born in 1832 in Guttentag, an East Prussian town. He immigrated to the U.S. in the mid-19th century and fought for the Union during the Civil War serving with the 6th New Hampshire Infantry Volunteers. He was awarded the Medal of Honor “for conspicuous gallantry” in the Battle of the Wilderness (May 6, 1864) and “for bravery & coolness” at the Battle of the Crater (July 30, 1864).

The 25 citizenship candidates originate from 13 countries: Bosnia-Herzegovina, Brazil, China, France, Iran, Kosovo, Malaysia, Pakistan, Poland, Russia, Sudan, Thailand and United Kingdom. The ribbon cutting will take place at 11 a.m. with the naturalization ceremony to follow at 1 p.m.

The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program.

If you are a national of a Country on the US visa waiver scheme you will from 8 September 2010 have to pay a fee of $14 under the Electronic System for Travel Authorization (ESTA). From January 2009 everyone entering the US under the visa waiver scheme needs to apply under ESTA. So far there has been no fee for applying under ESTA.
ESTA takes up to 72 hours (3 days) to process and is valid for up to two years. So you should make sure that you leave enough time for the processing of your application. If you are thinking of visiting the US in the next two years and are a national of a visa waiver Country you should consider applying now and so avoid the new fee.

The visa waiver scheme remains a relatively straightforward option if you wish to visit the US for up to ninety days for business or pleasure. It is much easier to obtain than a full visit visa application made at the local US Embassy or Consulate.

The new $14 fee will be used for the following purposes:

* $10 for Travel promotion under the Travel Promotions Act (TPA)

* $4 to pay for the cost of administering ESTA.

Nationals of VWP countries must meet the guidelines listed in the section above in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these guidelines must apply for a visa.

A US visa must be requested from the VWP Countries applicants, if the traveler:

* Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
* Wants to work or study in the United States, travel as a working foreign media representative, come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;
* Is a national of the Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, the Republic of Korea, or the Slovak Republic AND DOES NOT HAVE an electronic passport with an integrated chip;
* Is a national of one of the VWP countries not listed above AND DOES NOT have a machine-readable passport (MRP)(depending on the date the MRP was issued, renewed, or extended, it may also need to contain a digital photograph or an integrated electronic chip);
* Intends to travel by private aircraft or other non-VWP approved air or sea carriers to the United States. Click here to see the approved carriers list;
* Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas).
* Has been refused admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.).

On 8/5/10, with hours left before the beginning on the August recess, the Senate passed a $600 million emergency spending bill aimed at increasing border security. The bill, titled the Emergency Border Security Supplemental Appropriations Act of 2010, was passed by a voice vote.

Senator Schumer (D-NY), along with several Democratic colleagues, introduced the Border Security Emergency Supplemental Appropriations Act of 2010 (S.3721) and used it as a substitute amendment to H.R. 5875, a bill passed by the House of Representatives on 7/28/10. Further action is required before H.R. 5875, as passed by the Senate, can be sent to President Obama's desk for signature.

It is unclear at this point if the House of Representatives, which is set to return for a short two day session on 8/09/10, will take up the Senate measure or whether they will wait until September. Department of Homeland Security Secretary Napolitano released a statement urging the House of Representatives to pass the bill.

The report, "Deportation by Default," documents cases of non-citizens who could not understand questions, were delusional, couldn't tell the date or time, and didn't understand the concept of deportation for example, saying they wanted to be deported to New York. Thousands of mentally disabled immigrants are entangled in deportation proceedings each year with little or no legal help, leaving them distraught, defenseless and detained as their fates are decided. Their plight is detailed in a report issued Sunday by Human Rights Watch and the American Civil Liberties Union, who exhort federal authorities to do better.

Shortcomings outlined by the two groups include no right to appointed counsel, inflexible detention policies, insufficient guidance for judges on handling people with mental disabilities, and inadequately coordinated services to aid detainees while in custody. No one knows what to do with detainees with mental disabilities, so every part of the immigration system has abdicated responsibility. The result is people languishing in detention for years while their legal files and their lives are transferred around or put on indefinite hold.

Department of Homeland Security (DHS) and Department of Defense (DOD) today announced that National Guard deployments to the Southwest border will begin on Aug. 1 as part of the administration’s unprecedented efforts to combat the transnational criminal organizations that smuggle weapons, cash and people across our Southwest border. The President has also requested $600 million in supplemental funds for enhanced border protection and law enforcement activities, which are critical to our ongoing efforts.

“Over the past year and a half, this administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure,” said Secretary Napolitano. “These troops will provide direct support to federal law enforcement officers and agents working in high-risk areas to disrupt criminal organizations seeking to move people and goods illegally across the Southwest border.”

In May, the President authorized the deployment of up to an additional 1,200 National Guard troops to the Southwest border to provide support for intelligence surveillance and reconnaissance, and counternarcotics enforcement—providing support for one year as part of the administration’s unprecedented efforts to crack down on transnational smuggling and cartel violence, as CBP continues to recruit and train additional officers and agents to serve on the Southwest border. In deploying these personnel, the National Guard Bureau is operating under a request for assistance from DHS. Border security is a law enforcement mission, and these troops will augment the Administration's efforts to crack down on the drug cartels and transnational criminal organizations that operate along our Southwest border.

U.S. Department of Homeland Security Secretary Janet Napolitano today traveled to Laredo, Texas to announce more than $47 million in fiscal year 2010 Operation Stonegarden grants for the Southwest border states. She also met with law enforcement leaders to discuss the Department’s efforts to support state, local and tribal law enforcement in protecting communities from cross-border threats. She said, "Over the past year and a half, this Administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure while combating transnational criminal organizations that smuggle weapons, cash and people across our shared border with Mexico.” She said that Operation Stonegarden is one part of our overall strategy to provide state, local and tribal law enforcement on the frontlines the resources they need to confront the complex and dynamic challenges that exist along our borders.

The fiscal year 2010 Operation Stonegarden grants—totaling $60 million nationally—support 15 border states and the Territory of Puerto Rico to enhance the capabilities of federal, state, local and tribal law enforcement agencies to secure U.S. borders and territories. Funds were allocated using CBP’s sector-specific border risk methodology based on threat, vulnerability, miles of border and border-specific law enforcement intelligence. Nearly 80 percent of the fiscal year 2010 funding will go to Arizona, California, New Mexico and Texas—up from 59 percent in 2008. Operation Stonegarden grants can be used to support law enforcement personnel, overtime, and other related costs to increase operational readiness.

This memorandum outlines the civil immigration enforcement priorities of U.S. Immigration and Customs Enforcement (ICE) as they relate to the apprehension, detention, and removal of aliens. These priorities shall apply across all ICE programs and shall inform enforcement activity, detention decisions, budget requests and execution, and strategic planning.
A. Priorities for the apprehension, detention, and removal of aliens
In addition to our important criminal investigative responsibilities, ICE is charged with enforcing the nation’s civil immigration laws. This is a critical mission and one with direct significance for our national security, public safety, and the integrity of our border and immigration controls. ICE, however, only has resources to remove approximately 400,000 aliens per year, less than 4 percent of the estimated illegal alien population in the United States. In light of the large number of administrative violations the agency is charged with addressing and the limited enforcement resources the agency has available, ICE must prioritize the use of its enforcement personnel, detention space, and removal resources to ensure that the removals the agency does conduct promote the agency’s highest enforcement priorities, namely national security, public safety, and border security.

Priority 1. Aliens who pose a danger to national security or a risk to public safety
The removal of aliens who pose a danger to national security or a risk to public safety shall be ICE’s highest immigration enforcement priority. These aliens include, but not limited to:
• aliens engaged in or suspected of terrorism or espionage, or who otherwise pose a danger to national security; • aliens convicted of crimes, with a particular emphasis on violent criminals, felons, and repeat offenders; • aliens not younger than 16 years of age who participated in organized criminal gangs; • aliens subject to outstanding criminal warrants; and • aliens who otherwise pose a serious risk to public safety.

Priority 2. Recent illegal entrants
In order to maintain control at the border and at ports of entry, and to avoid a return to the prior practice commonly and historically referred to as “catch and release,” the removal of aliens who have recently violated immigration controls at the border, at ports of entry, or through the knowing abuse of the visa and visa waiver programs shall be a priority.

Priority 3. Aliens who are fugitives or otherwise obstruct immigration controls
In order to ensure the integrity of the removal and immigration adjudication processes, the removal of aliens who are subject to a final order of removal and abscond, fail to depart, or intentionally obstruct immigration controls, shall be a priority.

Continue reading "MEMO of ICE: Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens" »

Gov. Phil Bredesen signed legislation requiring local jailers to attempt to determine the immigration status of prisoners and forward the information on to federal immigration officials. Gov. Bredesen, a Democrat, said in a statement. “While I do have concerns about this legislation, this bill seeks to set up a verification process similar to what exists in our state’s major cities, and I have been supportive of these efforts.”

Legislative Republicans touted the measure as a major step forward in combating illegal immigration in Tennessee.State officials must develop a “standardized written procedure for verifying the citizenship status of individuals who are arrested, booked or confined for any period in a county or municipal jail or detention facility.” Prisoners will be referred to the “appropriate” immigration agency if local officials determine they are in violation of federal immigration laws or are unable to ascertain their immigration status.

The bill was opposed by immigrant groups and the Tennessee chapter of the American Civil Liberties Union.

The law takes effect Jan. 1 and excludes jails that already participate in cooperative programs with U.S. Immigration and Customs Enforcement officials in which arrestees’ immigration status is checked. Hamilton County and Bradley County sheriff’s office officials said last month they have such programs.

A brief note to thank the brave men and women of the Armed Forces, and remember those who have lost their lives defending liberty. Have a safe and happy Memorial Day!...

American Immigration Lawyers Association on March 25, 2010 held their National Day of Action in an effort to bring about comprehensive immigration reform. The AILA National Day of Action is an annual event in which immigration lawyers from across the country meet in Washington DC for the purpose of speaking with members of Congress and their staff, gathering information about the legislative schedule, and urging that a comprehensive immigration bill be voted on before the November elections.
Congress was deeply divided and Democrats wanted to now focus their efforts on an issue with which they could find bipartisan support before the upcoming midterm elections. In this climate, the prospects of comprehensive immigration reform being brought before Congress in the near future looked slim. However, Congress was also feeling pressure from the other side. In addition to the health care protesters, 2000 members of the immigrant community had gathered that weekend to urge Congress to move forward with comprehensive immigration reform. Sen. Charles Schumer (D-NY) and Sen. Lindsey Graham (R-SC) had announced that they would soon be proposing a comprehensive immigration reform bill in the Senate but no firm details as to the specifics of the bill were known. Conventional wisdom is that Rep. Graham’s support for such legislation is conditioned on his ability to convince at least one other Republican in the Senate to sign on.

Continue reading "San Diego Immigration Lawyer about AILA National Day of Action 2010" »

President Obama said "We pushed back on the undue influence of special interests." "We didn't give in to mistrust or to cynicism or to fear. Instead, we proved that we are still a people capable of doing big things."

The President was talking about the historic health-care overhaul that passed the House 219-212 last night and is now headed to his desk for signature. Let's hope his statement foreshadows what he will say about immigration reform in the months to come. The health-care battle demonstrated the fight for immigration reform will be tough. But we knew that. Now, at least, we know that an immigration overhaul is possible.

It was symbolic that Sunday's immigration reform rally in Washington, which according to reports was tens of thousands strong, was overshadowed by the drama that played out in the Congress over the health-care bill. Since the Administration took office in 2009, immigration reform has played second fiddle to the overhaul of the health-care system. But now that health-care reform has become a reality, it is time for the Administration and Congress to get to the hard work of overhauling our badly broken immigration system.

The dysfunctional immigration system is a cancer that whittles away at the very fabric of our cherished democratic values every day it continues to fester. Each time an outstanding scientist, innovative business investor, or creative professional is turned away from our country because of inadequate visa numbers or restrictionist agency enforcement America's competitive edge is further weakened. Our nation's ability to compete in a global economy demands transnational employment. Each immigrant that is locked up due to draconian mandatory detention laws, without so much as the right to see a judge, demonstrates that the rights of all Americans are threatened by bad immigration laws. Each undocumented child who is denied a higher education or a chance to serve our country is evidence that the broken immigration system has transformed the American Dream into a nightmare for some of America's most promising children.

Senators Graham and Schumer began to put pen to paper last week by laying out a four pillared framework for immigration reform: ending illegal employment through biometric Social Security cards, enhancing border and interior enforcement, managing the flow of future immigration to correspond to economic realities, and creating a tough but fair path toward legalization for the 11 million people currently in the U.S. without authorization.

Let's firm to stand on the right side for the social cause of Immigration.

U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated “12/03/09.”Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.

At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.

When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

For more information on USCIS programs, visit or call the National Customer Service Center at 1-800-375-5283.

On March 1, U.S. Citizenship and Immigration Services welcomed 50 new citizens at a special citizenship ceremony at the Robert F. Kennedy Department of Justice’s Great Hall. U.S. Assistant Attorney General for Civil Rights Tom Perez delivered keynote remarks, and USCIS Director Alejandro Mayorkas will administer the Oath of Allegiance.
Each year, hundreds of thousands of immigrants choose to become American citizens by taking the Oath of Allegiance at naturalization ceremonies across the United States and overseas.
Here are the Citizenship Statistics:
2001-2010: During this decade, the United States welcomed more than 5.6 million new citizens, including more than 744,000 people during fiscal year 2009 and more than 138,000 in the current fiscal year. Since September 2001, USCIS has assisted more than 55,000 members of the military to become naturalized U.S. citizens.

1991-2000: Approximately 5.6 million individuals became U.S. citizens during this period,
doubling the number from the previous decade. The late 1990s also marked another shift in
naturalization demographics, with those of Mexican decent yielding the most naturalized citizens, followed by Vietnamese and Filipinos.

1981-1990: Nearly 2.3 million people were naturalized during the 1980s, nearly half of whom
came from Asia. Together, Canada and Mexico accounted for more than one quarter of the
remaining new citizens.

1971-1980: The United States welcomed approximately 1.5 million new citizens during the 1970s. The Philippines, Cuba, and China were the leading countries of origin. This trend represented a shift from the 1960s, when the largest number of new citizens came from Europe. An estimated 66,000 members of the U.S. military were naturalized during this decade.

1908: The United States naturalized approximately 25,975 individuals.

1907: The United States naturalized approximately 7,941 individuals.

The Bureau of Consular Affairs with the Department of State has issued a proposed rule to increase certain immigration fees on Dec. 11, 2009. According to the notice, the fee for processing applications for most non-immigrant visas that do not require petitions and adult Border Crossing Cards will be increasing from $131 to $140. Additionally, some petition-based non-immigrant visas, along with the treaty trader and investor visa, will also see an increase in application fees. The rule will also increase the fee for Mexican citizen minors who apply for entry from Mexico and whose parent or guardian either has a Border Crossing Card or is in the process of applying for a card, from $13 to $14.

These fee increases are being implemented, the Department of State says, in response to results from a recent independent cost of service study that found that the U.S. Government is not fully covering the expenses of processing these visa types with the current level of fees. Written comments regarding this proposed rule may be submitted up to 60 days from the publication of this notice in the Federal Register. We keep you posted on this.

Excellent article from Businessweek, instead of encouraging the first brain drain in U.S. history, the country should create a program to welcome funded startup entrepreneurs.

Vivek Wadhwa argues that

It's time to bring the immigration question squarely into the debate over jobs. A change to immigration policy could help create jobs and rev up economic growth. It's a change that wouldn't be hard to bring about. I'm talking about the establishment of a Startup Founders Visa program.

The program would make it easier for those with great ideas and the desire to start a company to live and work in the U.S. The idea is simple, yet powerful. By letting in company founders, the U.S. would bring in risk-takers who want to create jobs and potentially build the next Google (GOOG), Cisco Systems (CSCO), or Microsoft (MSFT). This is an excellent idea, as such founders will create jobs for Americans. Currently, only the E2 non immigrant visa and EB5 Immigrant visa allow self starters to create compnaies by investing funds. While the E2 and EB5 are good options, they are not addressing the need for a specific visa for brainy individuals that have great ideas, but are lacking funds. We still need them to fuel the next big discovery that will lead to that start up creation.

Read the BW article here...

Vice President Joe Biden said that Obama administration's new surge-and-exit troop strategy in Afghanistan is aimed more at wringing reforms from President Hamid Karzai than mollifying a war-weary American public. Appearing on network news shows a day after President Barack Obama announced his plan to send in 30,000 more U.S. forces, Biden said the principal aim of the new policy is to protect the United States from further terrorist attack while also keeping the Taliban from overrunning the country.

Biden also added when asked about doubts he was said to have had about escalating the war. Biden said "I've never publicly said what my position is because I reserve that for the president," he replied. "But I was skeptical of taking our eye off the ball. The ball is al-Qaida. That's the reason we're there. They are in Pakistan, the Taliban leadership is in Pakistan. And I wanted to make sure the focus stayed on those two elements of our concern and didn't sort of morph into a nation-building exercise that would tie us down for 10 years and in fact not be of any assistance in meeting what is the real threat to the U.S. – that is al-Qaida and the most extreme forces that are in Pakistan and wanting to topple Pakistan."

Democrats complained about Obama's escalation of the 8-year-old war, however. And Republicans are unhappy with his promise to withdraw troops in 18 months. But Congress appears nevertheless willing to approve the buildup's $30 billion price tag. Many Democrats said they weren't convinced that sending more troops would hasten an end to the war. They also question whether the money used for troop deployments will drain resources from other domestic priorities, like health care and job creation.

Obama pledged Tuesday night to an audience of Army cadets at the U.S. Military Academy that the shift from surge to exit strategy would depend on the military situation in Afghanistan. "We will execute this transition responsibly, taking into account conditions on the ground," Obama said, declaring that the nation's security was at stake and that the additional troops were needed to "bring this war to a successful conclusion."

Sen. Carl Levin, chairman of the Senate Armed Services Committee, which planned to grill top administration officials Wednesday on Obama's decision, said that he expected the administration to submit a new war spending request and that Democrats would back it.
The planned infusion of 30,000 U.S. troops would raise the total American military presence in Afghanistan to about 100,000.

However, we hope that Obama administration will also look at the root causes of expansion of Terrorist activities in the related areas. Let’s hope that this buildup of additional Troop with huge price tag will not impact our other important domestic requirements.

We can all laugh to a good joke form time to time, but this story is not funny at all. Target Corp., based in Minneapolis, has apologized for selling a Halloween costume that came under fire for its "illegal alien" theme.The company said it was sorry for selling the $39.99 costume that included an orange jumpsuit emblazoned with the words "illegal alien," a large imitation green card and a space alien mask.

Read more here...

India has expressed its concern to the Chinese government over Beijing issuing visas on a separate sheet of paper to Indian nationals from Jammu and Kashmir instead of stamping them in their passports. Ministry of External Affairs (MEA), India strongly believes this, as a well-thought-out strategy to question the status of its state Jammu and Kashmir. It has been issuing visas stapled to passports to people from Arunachal Pradesh who have traveled to China since 2007.

MEA spokesperson Vishnu Prakash says “We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.”
It’s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA’s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.

This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.

Wilmer Rivera Melendez, 61, pretended to be a lawyer and offered to help more than a dozen undocumented Guyanese immigrants in Brooklyn to get green cards, has been indicted in an immigration fraud scheme in which he is accused of offering to marry two illegal Guyanese immigrants in Brooklyn to help them gain legal status. Robert M. Morgenthau, the Manhattan district attorney, also added that this man was earlier convicted of bigamy in Georgia six years ago.

Mr. Morgenthau claimed himself having 20 year of experience as a lawyer, filed documents with immigration authorities for “withholding of removal” that would have allowed immigrants to remain in the country and obtain green cards, which is actually does not allow one to obtain a green card. Instead, Mr. Melendez’s actions led federal immigration officials to begin deportation proceedings against the 14 Guyanese immigrants. The law provides for illegal immigrants who are victims of violent crime to receive temporary visas, but not victims of fraud.