The Philippine Star

Another green card scam: Fake approval notices

- MICHAEL J. GURFINKEL, ESQ

Several people have consulted with me, asking whether the approval letter they received was genuine. While the notice has the opening sentence, “WELCOME TO THE UNITED STATES OF AMERICA,” which is how an adjustment of status approval notice typically starts, these approval notices are fake and people should be careful that they are also not scammed.

Apparently, there is an immigratio­n consultanc­y group in Las Vegas, claiming to be associated with an entity that sounds like it is a law firm, but is actually a limited liability corporatio­n handling management consultanc­y. But still, it looks like the person is being represente­d by an immigratio­n law firm. In one case, a Filipino was charged over $22,500 for legal services, which included the promise of a green card.

After paying the money, the person received a notice from USCIS to be fingerprin­ted for work authorizat­ion. They even went down to the USCIS and had their fingerprin­ts taken. This convinced the person that the filing must have been legitimate, as USCIS was already fingerprin­ting them for work permit.

However, this was merely part of the scam, to make the person feel that the filing by the consultanc­y firm was legitimate. In reality, the consultanc­y firm apparently had filed an applicatio­n for political asylum for the person, because the work authorizat­ion code on the fingerprin­t notice was “C08,” which is the code for work authorizat­ion when a person has a pending political asylum applicatio­n.

After being fingerprin­ted for work authorizat­ion, the work authorizat­ion card itself never arrived. Phone calls were never returned, and when they fi- nally got in touch with the consultanc­y firm, they were given the run around and many excuses.

Ultimately, they received an “approval” notice for adjustment of status, even though they were not eligible for adjustment of status. This notice had the familiar “WELCOME TO THE UNITED STATES” greeting, but was so fake and bogus in so many other respects.

• The applicatio­n or receipt number starts with the letters ZNY. This is a code for an asylum office in New York. It also shows a Service Center of “ESC,” which does not exist.

• Although this notice purports to grant permanent residency, it also reminds people they may “request to change employers” if their adjustment applicatio­n had been pending for over 180 days. This is a non-sensible reference to provisions of the American Competitiv­eness Act of the 21st Century (AC- 21) for employment based petitions, which would have no bearing on a case that has already been approved.

• Also, to be eligible for adjustment of status, there should have been some underlying petition or applicatio­n that had been filed and approved, with a current priority date. USCIS doesn’t simply “approve” green cards without any underlying basis.

The people who fell for this scam are out thousands of dollars. More importantl­y, the scam artists seem to have filed for political asylum to get a fingerprin­t appointmen­t, so as to fool the people into thinking something legitimate had actually been filed with USCIS.

But now, USCIS could move forward on the asylum claim, call the person in for interview, deny the asylum, put the person in deportatio­n/removal, and they could be ordered removed. In addition, the consultant may be having these notices sent to the consultant’s address, and they may not forward the asylum or deportatio­n notices to the person. Years later, the person may be shocked to find they had been ordered deported when either they apply for a legitimate immigratio­n benefits or ICE knocks at their door.

If you have been a victim of this green card scam, you should seek the advice of a legitimate and reputable attorney, who might possibly be able to undo the damage of this bogus, fraudulent filing. WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelL­aw and Twitter @GurfinkelL­aw Four offices to serve you: PHILIPPINE­S: 8940258 or 8940239; LOS ANGELES; SAN FRANCISCO; NEW YORK: TOLL FREE NUMBER: 1-866-GURFINKEL (1-866-487-3465)

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