BEWARE OF FAKE AMNESTY SCAMS
by Michael J. Gurfinkel, Esq.

            It seems that the scam artists are at it again: tricking Filipinos into applying for Amnesty under CSS/LULAC, with the promise of obtaining work authorization.   To these Filipinos' horror, they are now receiving interview notices from USCIS on their amnesty applications, and are going through sleepless, tearful nights, knowing that their future in America may now be even more in jeopardy.

            By way of background, there was an amnesty program available to aliens who had actually entered the U.S. before January 1, 1982 , and had lived in the United States continuously since that date.  

            The Catholic Social Services (CSS) and the League of United Latin American Citizens (LULAC) later brought lawsuits over the way in which Legacy INS was handling the amnesty program, contending that Legacy INS was improperly rejecting otherwise qualified applicants.   Eventually these cases were settled, and people who were truly eligible for this legalization program (i.e. been in the U.S. since January 1, 1982) had up until December 31, 2005 to submit their applications.

            The scam artists saw this as an opportunity to make lots of money from unsuspecting aliens.   These scam artists, with their smooth talking, convinced so many people to apply for the amnesty.   In many cases, people were told that all they were doing was applying for a legitimate work permit.   Applications were submitted (sometimes signed in blank but later filled out by the consultant), containing false information, especially the date that the alien entered the U.S. (which had to be before January 1, 1982).   Although the alien may have obtained an initial work authorization (and therefore was absolutely elated that they "got away with it"), these same aliens are now receiving interview notices from USCIS on their amnesty applications.   To make matters worse, their "trusted" consultants have disappeared.  

            In some cases, consultants charged aliens anywhere from $2,500 to $5,000 for the consultants to help in filing their applications.   There were reports that when some aliens would go to the consultant's home or office, there were dozens of other willing "victims", also falling for this scam.  

These consultants convinced their victims that the consultants somehow knew more than an attorney, and were somehow privy to some little known provision of immigration law that none of the licensed attorneys were aware of.  

            When these aliens receive their interview notice, they are in a panic.   What can or should they do?   Let's look at some of the problems they will face in trying to pursue (or prove they are eligible for) this fake amnesty claim:

• The law requires that the alien must have been in the U.S. before January 1, 1982 .   So, if an applicant was born in the 1970s, they would have to have entered the U.S. when they were a small child, like 8 or 9 yrs. old.   That means that they have been here in the U.S. for over 20 years?   How did they get here at such an early age?   What have they been doing all those years?
  
  
• Many of these same amnesty applicants went to college and graduated in the Philippines in the 80's or 90's.   How could they have been in the U.S. since January 1982 (to be eligible for the amnesty), yet attend school in the Philippines years later?
  
  
• Many of these Filipinos had children in the Philippines after January 1982.   These birth certificates of their children, listing them as the parent, are public records, which USCIS can obtain. How could they have lived in the U.S. "continuously" since 1982, yet give birth (or father children) in the Philippines?
  
  
• Most of these Filipinos applied for, and were issued visas, at the U.S. Embassy in Manila after January 1982.   How could they be standing in line at the Embassy in the 90's, applying for a visitor's visa, when they were suppose to be in the U.S. since 1982?

These are just a sampling of the contradictions and problems that these people now have with their cases, and some of the few ways that DHS is going to be able to "catch" them in their lies.   They now have a record with DHS that may affect their future ability to legalize their status legally .  

            If you had applied for a fake amnesty, I would highly recommend that you seek the advice of a reputable attorney, who can evaluate your situation, and see if there are legitimate ways for you to legalize your status.   Remember, if something sounds too good to be true (such as a quick work authorization with no strings attached), believe me, there are plenty of life-long strings attached, which could result in deportation/removal.

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