By: Richard Hanus, Esq.
May 22, 2024
Immigration fraud is a big business and our society just received yet another reminder of how booming a business it is. Last week, the U.S. Department of Justice handed down an indictment of an immigration fraud ring alleging its ringleaders staged armed robberies across Chicago and the Midwest so that undocumented foreign nationals – paying thousands of dollars each – could pose as crime victims and secure employment authorization and green cards, pursuant to “U visa” regulations. This indictment is also a reminder of the desperation of so many undocumented foreign nationals to legally live and work in the U.S. and how there is no shortage of creative, enterprising criminals looking to capitalize on this vulnerable population.
The U visa was designed by Congress as a means of encouraging undocumented victims of certain crimes to come out of the shadows to report and help prosecute criminal offenders and without the fear of being deported. The U visa regulations also present an additional incentive by establishing a path to legalization (including Green Card and U.S. Citizenship) for cooperating victim-witnesses. To qualify, an undocumented foreign national must demonstrate they are the victim of one of the enumerated crimes, such as: Abusive Sexual Contact, Domestic Violence, Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Fraud in Foreign Labor Contracting, Incest, Involuntary Servitude, Kidnapping, Manslaughter or Murder (for surviving family members), Obstruction of Justice, Perjury, Prostitution, Sexual Assault/Exploitation, Stalking, Unlawful Criminal Restraint and related crimes.
In addition to being the victim of one of those crimes, a U visa applicant must also secure a certification from a law enforcement agency confirming they are a bona fide victim and are cooperating in the investigation and prosecution of the crime at issue. That certification is usually issued by a law enforcement official at either the federal, state or local level. Most often, it’s a police department representative issuing the certificate, but sometimes even a prosecutor’s office or judge will act as a certifying party.
Finally, to qualify for a U visa, the applicant must demonstrate they suffered “substantial physical or mental abuse” as a result of the crime at issue. This latter requirement is typically satisfied by way of the applicant submitting witness statements along with a detailed report or assessment from a mental health professional
U visa processing can take up to 6 years or so given the limited statutory supply of 10,000 visas per year. However, by just having a bona fide application pending, an undocumented foreign national may qualify for employment authorization and be shielded from deportation.
The 6 individuals named in last week’s indictment are charged with arranging fake armed robberies at liquor stores, gas stations, convenience stores and restaurants across the Chicago area and parts of Tennessee. To add credibility to their customer’s fraudulent U visa applications, the indicted individuals allegedly made sure the armed robberies were videotaped and that applicants knew the type of injuries to report, with one victim even sustaining a gunshot wound. If convicted of the charges, the indicted individuals face prison terms ranging from 5-10 years.
In recent years we have seen a wide variety of highly profitable, immigration fraud schemes emerge, and all with the aim of facilitating work permits and/or Green Cards. Sham marriage Green Card schemes, bogus job offers to support work visa petitions, and concocted political asylum applications were the go to staples for those in the immigration fraud business. We can now add staged armed robberies/U visa scam to the list.
Each time I read about a criminal indictment stemming from an immigration fraud scheme, I can’t help but think about how the number of such schemes could be cut in half if only there were more legal options available for foreign nationals seeking to live and work in the U.S. There are literally millions of foreign nationals who would do almost anything at a chance at the American dream – i.e. to live, work and be contributing members of our society and make a better life for themselves here. In the meantime, as has been the case for decades, the incendiary politics associated with this conversation continue to present an insurmountable obstacle for the passing of legislation allowing for expanded legal immigration, and as a result the fraudsters will continue to prey and profit.
For more details on this indictment see the U.S. Department of Justice press release.
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PUBLISHED May 22, 2024– “IMMIGRATION LAW FORUM” Copyright © 2024, By Law Offices of Richard Hanus, Chicago, Illinois