sbvw76
06-02 10:59 AM
Are you not suppose to go back to your country and come back in H1b since L1b is intra-transfer with in your company A?
Pl. consult an attorney..
Pl. consult an attorney..
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trueguy
08-09 12:58 AM
^^^^^^^
bump
^^^^^^^
bump
^^^^^^^
qualified_trash
06-29 03:13 PM
Without getting into specifics of shady companies etc., I can tell you this. The GC process sponsored by an employer is indeed employ-centric in the sense that, it has to be initiated by an employer.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
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sky7
07-28 10:02 AM
I was reading some latest info about I140 & I140 Premium Processing at
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
more...
amslonewolf
08-21 11:03 AM
Is calling them and paying by the minute any better at getting an appointment..
coolmanasip
07-19 10:35 AM
tnite.... thanks for the detailed reply........I forwarded this exchange to him........should make him happy and relaxed!!!
Thanks much!
Thanks much!
more...
indianabacklog
06-15 04:00 PM
You should read the filing instruction. If anything is not applicable then it should be either "None" or "N/A".
If you just leave it blank, how do they know if you forgot to fill that value or your don't have A#.
If you have an I140 approval notice this has the A# on it. Only the principal applicant has this number, all dependents will have an A# on the receipt notice for the I 485 since it is used for the fingerprint appointment. However, you are correct this is just left blank if you do not have one!
If you just leave it blank, how do they know if you forgot to fill that value or your don't have A#.
If you have an I140 approval notice this has the A# on it. Only the principal applicant has this number, all dependents will have an A# on the receipt notice for the I 485 since it is used for the fingerprint appointment. However, you are correct this is just left blank if you do not have one!
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nixstor
08-23 11:08 AM
First of all they never did AFAIK. Secondly if they did That would put more than half of the applicants in a situation where they need to find their previous I-94's. If USCIS needs to get all your entry and exit info for the past 10 years and corresponding I-94's I believe they will be talking to Border Security. Even though the airlines take your I-94 away, I believe it will go to a govt agency some how ( I could be wrong).
In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.
How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?
In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.
How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?
more...
monkeyman
01-29 05:50 PM
Class of Admission: How ever you last entered the country (AP, H1-B, H4 etc)
Date of intended Departure: As soon as possible
Expected length of stay: Less than 5 months
That is what I had filled out.
The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.
You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.
As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.
Date of intended Departure: As soon as possible
Expected length of stay: Less than 5 months
That is what I had filled out.
The date of intended departure allows them to process based on dates. If you know your dates, then put in those dates and attach the trip itinerary as your evidence.
You must make copy of your documents (passport pages in color) and attach the relevant I-797s associated with H1-B, H4, extensions etc. All the paperwork must somehow prove that you were never out of status. If it doesn't, you will get an RFE.
As far as your wife's status is concerned, does she have an H1 stamping on her passport? If she does, then she has traveled out of the country and entered back on H1, so you indicate H1. If she has never been out of country after H1, then the answer is H-4. Just double check all your application entries and paper work and make copies, including the check. If you get an RFE, that is your only proof.
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sounakc
07-10 05:49 PM
thanks for your prompt reply...
cheers
You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)
cheers
You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)
more...
fromnaija
02-07 01:08 AM
good question. i guess you were thinking we both were on AOS stage.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
Yes, that explains it. Okay, now that your spouse is here how do you add her to your 485? What happens to her H4 when your 485 is approved? I am asking because someone I know is in same situation.
I guess the question I am trying to ask is, is there a way to have an addendum to a 485 after submission?
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
Yes, that explains it. Okay, now that your spouse is here how do you add her to your 485? What happens to her H4 when your 485 is approved? I am asking because someone I know is in same situation.
I guess the question I am trying to ask is, is there a way to have an addendum to a 485 after submission?
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Eberth
10-28 09:47 PM
nope, the client cancelled the job (why isnt there a angry face smilie???), www.eberthdesigns.com/~gfb/index1.html and www.eberthdesigns.com/~gfb/index2.htm , it was going to be my first real job, and i'm very mad because they never called me back, and when i try to contact them, they never and i mean NEVER are in their houses!!!!
sorrry, i needed to get this out of me :o
sorrry, i needed to get this out of me :o
more...
house Cameron Diaz Cover of the Day
vamsi_poondla
01-19 01:17 PM
Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
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unit
09-16 03:57 PM
I am also in a similar situation, and have the same question.
Any one with answers?
Any one with answers?
more...
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monkeyman
10-21 07:44 PM
You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
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webm
06-09 02:27 PM
One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....
I am on the same boat as your friend...Took infopass but its of no use..
so waiting..continues..waiting for luck!!
Looks like EB2 approvals spike going on this month..atleast something moving...
--------------------------
EB3-I Oct,2001 (TSC)
FP/NC -- cleared
485 RD -mid June 2007 (TSC)
I am on the same boat as your friend...Took infopass but its of no use..
so waiting..continues..waiting for luck!!
Looks like EB2 approvals spike going on this month..atleast something moving...
--------------------------
EB3-I Oct,2001 (TSC)
FP/NC -- cleared
485 RD -mid June 2007 (TSC)
more...
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vegasbaby
02-23 12:52 AM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.
My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.
But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Well, yes you can certainly abandon H-1 process & come back on EAD/AP. However, I would try some other consulate first like Hyderabad or Delhi. I believe since you have gone for H-1 extension, you can go to pretty much any consulate in India.
My friend was issued a yellow form 221g or something @ Toronto Consulate. He went to Delhi & got his visa stamped. No questions asked.
But you should wait to check if its PIMS delay. PIMS delays are generally resolved in 2 -3weeks.
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BharatPremi
03-28 10:59 AM
same here. i have updated my information but it doesn't show up in stats
My experience: Fill all the fields at least for 1st and lasst blocks. Then you will find your record in tracker. Then do trial and error for making fields blank for some fields what you do not want to appear. Some fields, making blank would make record disappear and some not.
My experience: Fill all the fields at least for 1st and lasst blocks. Then you will find your record in tracker. Then do trial and error for making fields blank for some fields what you do not want to appear. Some fields, making blank would make record disappear and some not.
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GodHelpUs
03-21 10:48 AM
I am really shocked on looking at this article.
http://www.nytimes.com/2008/03/21/nyregion/21immigrant.html?hp
An Agent, a Green Card, and a Demand for Sex
Article Tools Sponsored By
By NINA BERNSTEIN
Published: March 21, 2008
No problems so far, the immigration agent told the American citizen and his 22-year-old Colombian wife at her green card interview in December. After he stapled one of their wedding photos to her application for legal permanent residency, he had just one more question: What was her cellphone number?
Skip to next paragraph
Enlarge This Image
Uli Seit for The New York Times
Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her.
Audio A Secret Recording
Enlarge This Image
Uli Seit for The New York Times
The Flagship Restaurant, where Mr. Baichu met with a green card applicant.
The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price � not realizing that she was recording everything on the cellphone in her purse.
�I want sex,� he said on the recording. �One or two times. That�s all. You get your green card. You won�t have to see me anymore.�
She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex �now,� to �know that you�re serious.� And despite her protests, she said, he got his way.
The 16-minute recording, which the woman first took to The New York Times and then to the Queens district attorney, suggests the vast power of low-level immigration law enforcers, and a growing desperation on the part of immigrants seeking legal status. The aftermath, which included the arrest of an immigration agent last week, underscores the difficulty and danger of making a complaint, even in the rare case when abuse of power may have been caught on tape.
No one knows how widespread sexual blackmail is, but the case echoes other instances of sexual coercion that have surfaced in recent years, including agents criminally charged in Atlanta, Miami and Santa Ana, Calif. And it raises broader questions about the system�s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man�s land, increasingly fearful of seeking the law�s protection.
The agent arrested last week, Isaac R. Baichu, 46, himself an immigrant from Guyana, handled some 8,000 green card applications during his three years as an adjudicator in the Garden City, N.Y., office of United States Citizenship and Immigration Services, part of the federal Department of Homeland Security. He pleaded not guilty to felony and misdemeanor charges of coercing the young woman to perform oral sex, and of promising to help her secure immigration papers in exchange for further sexual favors. If convicted, he will face up to seven years in prison.
His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.
Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency�s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations.
The agency says it has tripled its investigative staff since then, and counts only 165 serious complaints pending. But it stopped posting an e-mail address and phone number for such complaints last year, said Jan Lane, chief of security and integrity, because it lacks the staff to cull the thousands of mostly irrelevant messages that resulted. Immigrants, she advised, should report wrongdoing to any law enforcement agency they trust.
The young woman in Queens, whose name is being withheld because the authorities consider her the victim of a sex crime, did not even tell her husband what had happened. Two weeks after the meeting in the car, finding no way to make a confidential complaint to the immigration agency and afraid to go to the police, she and two older female relatives took the recording to The Times.
Reasons to Worry
A slim, shy woman who looks like a teenager, she said she had spent recent months baby-sitting for relatives in Queens, crying over the deaths of her two brothers back in Cali, Colombia, and longing for the right stamp in her passport � one that would let her return to the United States if she visited her family.
She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to �adjust� her illegal status. But unless her green card application was approved, she could not visit her parents or her brothers� graves and then legally re-enter the United States. And if her application was denied, she would face deportation.
She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.
But the closed investigation file had showed up in the computer when she applied for a green card, Mr. Baichu told her in December; until he obtained the file and dealt with it, her application would not be approved. If she defied him, she feared, he could summon immigration enforcement agents to take her relatives to detention.
So instead of calling the police, she turned on the video recorder in her cellphone, put the phone in her purse and walked to meet the agent. Two family members said they watched anxiously from their parked car as she disappeared behind the tinted windows of his red Lexus.
�We were worried that the guy would take off, take her away and do something to her,� the woman�s widowed sister-in-law said in Spanish.
As the recorder captured the agent�s words and a lilting Guyanese accent, he laid out his terms in an easy, almost paternal style. He would not ask too much, he said: sex �once or twice,� visits to his home in the Bronx, perhaps a link to other Colombians who needed his help with their immigration problems.
In shaky English, the woman expressed reluctance, and questioned how she could be sure he would keep his word.
�If I do it, it�s like very hard for me, because I have my husband, and I really fall in love with him,� she said.
The agent insisted that she had to trust him. �I wouldn�t ask you to do something for me if I can�t do something for you, right?� he said, and reasoned, �Nobody going to help you for nothing,� noting that she had no money.
He described himself as the single father of a 10-year-old daughter, telling her, �I need love, too,� and predicting, �You will get to like me because I�m a nice guy.�
Repeatedly, she responded �O.K.,� without conviction. At one point he thanked her for showing up, saying, �I know you feel very scared.�
Finally, she tried to leave. �Let me go because I tell my husband I come home,� she said.
His reply, the recording shows, was a blunt demand for oral sex.
�Right now? No!� she protested. �No, no, right now I can�t.�
He insisted, cajoled, even empathized. �I came from a different country, too,� he said. �I got my green card just like you.�
Then, she said, he grabbed her. During the speechless minute that follows on the recording, she said she yielded to his demand out of fear that he would use his authority against her.
How Much Corruption?
The charges against Mr. Baichu, who became a United States citizen in 1991 and earns roughly $50,000 a year, appear to be part of a larger pattern, according to government records and interviews.
Mr. Maxwell, the immigration agency�s former chief investigator, told Congress in 2006 that internal corruption was �rampant,� and that employees faced constant temptations to commit crime.
�It is only a small step from granting a discretionary waiver of an eligibility rule to asking for a favor or taking a bribe in exchange for granting that waiver,� he contended. �Once an employee learns he can get away with low-level corruption and still advance up the ranks, he or she becomes more brazen.�
�Despite our best efforts there are always people ready to use their position for personal gain or personal pleasure,� said Chris Bentley, a spokesman for Citizenship and Immigration Services. �Our responsibility is to ferret them out.�
When the Queens woman came to The Times with her recording on Jan. 3, she was afraid of retaliation from the agent, and uncertain about making a criminal complaint, though she had an appointment the next day at the Queens district attorney�s office.
Mr. Baichu was arrested as he emerged from the diner and headed to his car, wearing much gold and diamond jewelry, prosecutors said. Later released on $15,000 bail, Mr. Baichu referred calls for comment to his lawyer, Sally Attia, who said he did not have authority to grant or deny green card petitions without his supervisor�s approval.
http://www.nytimes.com/2008/03/21/nyregion/21immigrant.html?hp
An Agent, a Green Card, and a Demand for Sex
Article Tools Sponsored By
By NINA BERNSTEIN
Published: March 21, 2008
No problems so far, the immigration agent told the American citizen and his 22-year-old Colombian wife at her green card interview in December. After he stapled one of their wedding photos to her application for legal permanent residency, he had just one more question: What was her cellphone number?
Skip to next paragraph
Enlarge This Image
Uli Seit for The New York Times
Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her.
Audio A Secret Recording
Enlarge This Image
Uli Seit for The New York Times
The Flagship Restaurant, where Mr. Baichu met with a green card applicant.
The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price � not realizing that she was recording everything on the cellphone in her purse.
�I want sex,� he said on the recording. �One or two times. That�s all. You get your green card. You won�t have to see me anymore.�
She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex �now,� to �know that you�re serious.� And despite her protests, she said, he got his way.
The 16-minute recording, which the woman first took to The New York Times and then to the Queens district attorney, suggests the vast power of low-level immigration law enforcers, and a growing desperation on the part of immigrants seeking legal status. The aftermath, which included the arrest of an immigration agent last week, underscores the difficulty and danger of making a complaint, even in the rare case when abuse of power may have been caught on tape.
No one knows how widespread sexual blackmail is, but the case echoes other instances of sexual coercion that have surfaced in recent years, including agents criminally charged in Atlanta, Miami and Santa Ana, Calif. And it raises broader questions about the system�s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man�s land, increasingly fearful of seeking the law�s protection.
The agent arrested last week, Isaac R. Baichu, 46, himself an immigrant from Guyana, handled some 8,000 green card applications during his three years as an adjudicator in the Garden City, N.Y., office of United States Citizenship and Immigration Services, part of the federal Department of Homeland Security. He pleaded not guilty to felony and misdemeanor charges of coercing the young woman to perform oral sex, and of promising to help her secure immigration papers in exchange for further sexual favors. If convicted, he will face up to seven years in prison.
His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.
Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency�s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations.
The agency says it has tripled its investigative staff since then, and counts only 165 serious complaints pending. But it stopped posting an e-mail address and phone number for such complaints last year, said Jan Lane, chief of security and integrity, because it lacks the staff to cull the thousands of mostly irrelevant messages that resulted. Immigrants, she advised, should report wrongdoing to any law enforcement agency they trust.
The young woman in Queens, whose name is being withheld because the authorities consider her the victim of a sex crime, did not even tell her husband what had happened. Two weeks after the meeting in the car, finding no way to make a confidential complaint to the immigration agency and afraid to go to the police, she and two older female relatives took the recording to The Times.
Reasons to Worry
A slim, shy woman who looks like a teenager, she said she had spent recent months baby-sitting for relatives in Queens, crying over the deaths of her two brothers back in Cali, Colombia, and longing for the right stamp in her passport � one that would let her return to the United States if she visited her family.
She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to �adjust� her illegal status. But unless her green card application was approved, she could not visit her parents or her brothers� graves and then legally re-enter the United States. And if her application was denied, she would face deportation.
She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.
But the closed investigation file had showed up in the computer when she applied for a green card, Mr. Baichu told her in December; until he obtained the file and dealt with it, her application would not be approved. If she defied him, she feared, he could summon immigration enforcement agents to take her relatives to detention.
So instead of calling the police, she turned on the video recorder in her cellphone, put the phone in her purse and walked to meet the agent. Two family members said they watched anxiously from their parked car as she disappeared behind the tinted windows of his red Lexus.
�We were worried that the guy would take off, take her away and do something to her,� the woman�s widowed sister-in-law said in Spanish.
As the recorder captured the agent�s words and a lilting Guyanese accent, he laid out his terms in an easy, almost paternal style. He would not ask too much, he said: sex �once or twice,� visits to his home in the Bronx, perhaps a link to other Colombians who needed his help with their immigration problems.
In shaky English, the woman expressed reluctance, and questioned how she could be sure he would keep his word.
�If I do it, it�s like very hard for me, because I have my husband, and I really fall in love with him,� she said.
The agent insisted that she had to trust him. �I wouldn�t ask you to do something for me if I can�t do something for you, right?� he said, and reasoned, �Nobody going to help you for nothing,� noting that she had no money.
He described himself as the single father of a 10-year-old daughter, telling her, �I need love, too,� and predicting, �You will get to like me because I�m a nice guy.�
Repeatedly, she responded �O.K.,� without conviction. At one point he thanked her for showing up, saying, �I know you feel very scared.�
Finally, she tried to leave. �Let me go because I tell my husband I come home,� she said.
His reply, the recording shows, was a blunt demand for oral sex.
�Right now? No!� she protested. �No, no, right now I can�t.�
He insisted, cajoled, even empathized. �I came from a different country, too,� he said. �I got my green card just like you.�
Then, she said, he grabbed her. During the speechless minute that follows on the recording, she said she yielded to his demand out of fear that he would use his authority against her.
How Much Corruption?
The charges against Mr. Baichu, who became a United States citizen in 1991 and earns roughly $50,000 a year, appear to be part of a larger pattern, according to government records and interviews.
Mr. Maxwell, the immigration agency�s former chief investigator, told Congress in 2006 that internal corruption was �rampant,� and that employees faced constant temptations to commit crime.
�It is only a small step from granting a discretionary waiver of an eligibility rule to asking for a favor or taking a bribe in exchange for granting that waiver,� he contended. �Once an employee learns he can get away with low-level corruption and still advance up the ranks, he or she becomes more brazen.�
�Despite our best efforts there are always people ready to use their position for personal gain or personal pleasure,� said Chris Bentley, a spokesman for Citizenship and Immigration Services. �Our responsibility is to ferret them out.�
When the Queens woman came to The Times with her recording on Jan. 3, she was afraid of retaliation from the agent, and uncertain about making a criminal complaint, though she had an appointment the next day at the Queens district attorney�s office.
Mr. Baichu was arrested as he emerged from the diner and headed to his car, wearing much gold and diamond jewelry, prosecutors said. Later released on $15,000 bail, Mr. Baichu referred calls for comment to his lawyer, Sally Attia, who said he did not have authority to grant or deny green card petitions without his supervisor�s approval.
JunRN
11-05 04:31 PM
Can we discuss something about "Follow-to-join" and what it is all about? That is one thing I don't understand.
Thanks!
Thanks!
kirupa
10-12 10:07 PM
Oh, I made them out of your PSD file :)
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