Articles Posted in Fraud Prevention

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In this post, we discuss the top five reasons applicants are denied at their citizenship interview.

First let’s go over some basics:

In order to become a United States Citizen, you must meet the following general requirements at the time of filing your N-400 Application for Naturalization:

 

You must be:

  • A lawful permanent resident
  • At least 18 years of age
  • Maintained continuous residence in the United States since becoming a permanent resident
  • Be physically present in the United States
  • Have certain time living within the jurisdiction of a USCIS office
  • Be a person of Good Moral Character
  • Have Knowledge of English and U.S. Civics with some exceptions outlined below
  • Declare loyalty to the U.S. Constitution

As part of the citizenship interview, applicants must pass a civics and English test in order to receive United States Citizenship. The Civics test is an oral examination provided in the format of Question and Answer by an immigration officer in which the officer tests your knowledge of United States history and government. During the Citizenship interview, the USCIS officer asks the applicant up to 10 out of 100 civics questions provided by USCIS on their website as part of the study material for the examination. Applicants must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test.

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On Friday, March 30, 2018, the Department of State published a 60 day notice in the Federal Register entitled “Notice of Proposed Information Collection: Application for Immigrant Visa and Alien Registration,” proposing to require immigrant visa applicants to submit five years of social media history as part of the information requested on the DS-260 Immigrant Visa Electronic Application used by applicants to schedule Immigrant Visa interviews at U.S. Embassies and Consulates worldwide. The DS-260 is an Electronic Form that is completed by immigrant visa applicants and used by consular officials to determine whether the applicant is eligible for an immigrant visa.

Specifically, the Department wishes to, “add several additional questions for immigrant visa applicants. One question lists multiple social media platforms and requires the applicant to provide any identifies used by applicants for those platforms during the five years preceding the date of the application.”

Information provided by immigrant visa applications relating to their social media will be used to enhance “vetting” of applicants to verify their identity, ensure that they meet all visa eligibility requirements, and to prevent individuals from entering the country who pose a threat to the county’s national security, or have been associated with a terrorist organization.

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GreenCardImageBeginning May 1, 2017, the United States Citizenship and Immigration Services (USCIS) will begin issuing newly redesigned green cards and employment authorization documents with enhanced features and fraud-resistant technology to prevent tampering and fraud. The new technology has been introduced as part of the government’s ongoing effort to enhance the security of these documents and to facilitate detection of counterfeit documents.

The new green cards and employment authorization cards will

  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
    • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
    • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.
  • Green Cards will no longer have an optical stripe on the back.

USCIS may continue to issue some green cards and employment authorization cards with the previous design format, after May 1, 2017, until supplies for that design have run out.

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Document Validity

Existing and new green cards and employment authorization cards will remain valid until the printed expiration date indicated on the card. Older generation green cards that were issued without an expiration date will continue to remain valid and acceptable for purposes of filing Form I-9, Employment Eligibility Verification, EVerify, and Systematic Alien Verification for Entitlements (SAVE).

USCIS recommends that individuals who have an older green card that does not have an expiration date apply for a replacement card with an expiration date. Receiving a new replacement card will give individuals the benefit of having a highly secure card with fraud-resistant technology in the case the card is lost or stolen.

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By the end of this month the EB-5 Immigrant Investor Visa Program will be up for renewal before Congress. The EB-5 program was first established by Congress in 1990 in an effort to increase the amount of foreign capital investment in the United States, and to create new jobs for Americans. In 1992 Congress expanded the program and created the Immigrant Investor Visa Program as we know it today, which allows foreign investors to invest in an EB-5 Regional Center project. A regional center is an authorized organization, entity, or agency that is designated by USCIS to sponsor capital investment projects within a specific geographic area including areas of high-unemployment or rural areas.  Section 203(b)(5) of the Immigration and Nationality Act, 8 U.S.C. Section 1153(b)(5) limits the number of immigrant visas that may be issued to EB-5 investors to 10,000 immigrant visas per fiscal year, provided the qualified investor is seeking permanent resident status on the basis of the creation of a new commercial enterprise. Half of these visas are allocated to EB-5 investors participating in a regional center pilot program. The required investment amount in a new commercial enterprise is $1,000,000 or $500,000 if the investment is being made in a targeted employment area experiencing a high unemployment rate of 150% relative to the national average, or a designated rural area as established by the Office of Management and Budget (OMB).

Despite its promise to increase economic growth, the EB-5 Immigrant Investor Program has been the subject of much criticism due to an increase in fraud on behalf of investors and regional centers, as well as the continued use of unlawful funds. This month, the United States Government Accountability Office (GAO) published a report that will be reviewed by Congress and USCIS, in consideration of new measures that may be implemented by Congress as part of the program’s renewal process. The report outlines the inherent weaknesses of the EB-5 program and areas of concern.

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