DHS OIG Issues Fraud Alert

On May 20, 2019, the Department of Homeland Security (DHS) Office of Inspector General (OIG) released an important fraud alert warning individuals about a virulent scam [PDF version].

The DHS OIG explains that this scam involves the perpetrator “befriend[ing] a victim using a mobile app that has a built-in chat feature, such as Facebook Messenger or Words with Friends.” In other cases, “the perpetrator feigns romantic interest and pursues the victim through online dating services or chat rooms.” After the perpetrator gains the victims trust, the perpetrator solicits funds from the victim to remedy a purported minor hardship.

After a victim provides funds to the perpetrator, he or she receives a phone call from another perpetrator claiming to be from the DHS or another law enforcement organization. “The fraudsters will spoof the caller ID of a legitimate law enforcement phone number.” The fraudster then tells the victim that the funds he or she paid the day before went to a criminal organization or terrorist group and threatens the victim with arrest and imprisonment. The fraudster then tells the victim to contact a lawyer to help resolve the matter. If the victim contacts this fake lawyer, he or she will be instructed to pay the “lawyer” $1,000 or more as a “retainer.”

The DHS OIG advised people that law enforcement numbers can be spoofed by fraudsters. When an individual receives a fraudulent call from “law enforcement,” he or she should not provide any personal information. If an individual is unsure whether a call he received purporting to be from DHS or any other law enforcement organization is legitimate, the DHS OIG encourages him or her “to call the relevant field office number of the government agency and ask to be put in touch with the individual who called…” The DHS OIG made clear: “Legitimate law enforcement callers will never ask you to pay fines over the phone or request money from you.”

If an individual believes that he or she was the victim of the scam described in the news alert, he or she may call the DHS OIG Hotline at 1-800-323-8603 or file a complaint online at www.oig.dhs.gov. The DHS OIG added that “[b]y asking the perpetrators for a phone number or email address you can use to contact them to facilitate payment, you may be able to obtain valuable information that could assist DHS OIG [in investigating] the scam.”

The scam described by DHS OIG appears to target citizens and non-citizens alike. It is important to remember that many fraudsters target non-citizens by claiming to be representing Federal immigration enforcement or other law enforcement entities. As the DHS OIG made clear, legitimate law enforcement organizations do not ask individuals to pay fines or request money. Individuals should always err on the side of extreme caution if a call seems suspicious and not provide personal information. In addition to contacting the government agency for guidance, individuals with immigration attorneys or other legal representation may seek guidance on suspicious calls and how to proceed.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Honduras Ratifies the Hague Adoption Convention

The U.S. Department of State (DOS) noted that Honduras ratified the Hague Adoption Convention on March 6, 2019 [PDF version]. The Hague Convention will take effect in Honduras on July 1, 2019. The DOS explains in the news update that it “is determining if the United States may process [Hague] Convention adoptions with Honduras pursuant to U.S. law.”

Honduras is the 101st nation to ratify the Hague Convention. We discussed Guyana's becoming the 100th signatory to the Hague Convention in a separate and recent post [see blog].

To learn more about intercountry adoption generally, please see our growing selection of articles on the subject [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

New Russian Bribery Enforcement Statistics

Hannes Lubitzsch published an interesting post on Russian bribery enforcement statistics at the FCPA blog [link].[1]

In the post, he discusses Russia's release of corporate bribery enforcement statistics in 2018. He noted that a brief survey of the Russian prosecutor's press releases regarding bribery indictments and convictions “reveal[s] a peculiarity of the Russian enforcement practice — that it is targeting almost exclusively small and mid-scale bribery in day-to-day business.” For example, he noted that most bribes in the public sector were made “to avoid the payment of administrative fines, or to receive state licenses or accelerate registration procedures.” He stated that most fines in the commercial sector to state-own entities “were given … to obtain supply contracts …, or to conceal administrative violations.” Most of the bribe totals and penalties were relatively small according to Lubitzsch's analysis. For this reason, he stated that “the main liability risk is not the penalty payment … but being exposed in the public register of offenders.” Companies may seek to protect themselves by “taking anti-corruption measures…”

It is important for anyone doing business in Russia to be aware of the latest trends in Russian law enforcement, which itself is often politicized. In the immigration context, the export of Russian law enforcement policies and practices in the business context can come in many forms depending on the specific benefit or form of relief being sought. For example, an investor seeking a visa from Russia will have to carefully establish the lawful source of his or her investment funds. A petition for an intercompany transferee from Russia would have to include detailed information about the corporate entities involved. In some cases, those seeking asylum or withholding of removal from Russia may be able to support their cases by submitting evidence that they are being harmed by politicized law enforcement in Russia on a protected ground. These are just a small sample of the many ways Russian law enforcement policies could affect various immigrant and nonimmigrant petitions involving Russian entities or nationals.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Lubitzsch, Hannes. “A look behind Russia's corporate bribery enforcement statistics.” The FCPA Blog. Apr. 23, 2019. http://www.fcpablog.com/blog/2019/4/23/a-look-behind-russias-corporate-bribery-enforcement-statisti.html

Lawyer website: http://myattorneyusa.com

President Trump Directs DOS to Develop Policies to Combat Visa Overstays

On April 22, 2019, President Donald Trump issued a presidential memorandum titled “Presidential Memorandum on Combating High Nonimmigrant Overstay Rates” [PDF version].

President Trump issued the Memorandum to direct the Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, to develop policies to address countries with large numbers of nationals who overstay their visas.

In this statement of policy, President Trump stated that aliens who fail to comply with the conditions on their visas “undermine the integrity of our immigration system and harm the national interest.” He stated that those who overstay their visas or period of admission under the Visa Waiver Program (VWP) “place significant strain on Department of Justice and Department of Homeland Security resources, which are currently needed to address the national emergency on our southern border.” Here, President Trump makes clear that he deems policy changes to address overstays necessary to free up resources to address the situation at the border, which he declared to be a national emergency on February 15, 2019 [PDF version].

To address the overstay problem, President Trump directed the Secretary of State to “engage with the governments of countries with a total overstay rate greater than 10 percent in the combined B-1 and B-2 nonimmigrant visa category based on the Department of Homeland Security Fiscal Year 2018 Entry/Exit Overstay Report.” The Secretary of State will work to “identify conditions contributing to high overstay rates among nationals of those countries and methods to address those conditions.”

The following countries had combined B1 and B2 nonimmigrant visa category overstay rates greater than 10 percent in 2018 [PDF version]:

• Afghanistan
• Angola
• Bhutan
• Burundi
• Cabo Verde
• Chad
• Republic of the Congo
• Djibouti
• Eritrea
• Georgia
• Laos
• Liberia
• Mauritania
• Federated States of Micronesia
• Nigeria
• Palau
• Somalia
• South Sudan
• Sudan
• Syria
• Yemen

The Secretary of State, in consultation with the Attorney General and the Secretary of Homeland Security, will be required to provide President Trump with recommendations to reduce the B1 and B2 overstay rates from the identified countries within 120 days of the date of the Memorandum (April 22, 2019). President Trump provided that these recommendations “may include, as appropriate and to the extent consistent with applicable law”:

• A Presidential Proclamation under section 212(f) or section 215 of the Immigration and Nationality Act (INA) suspending or limiting entry of nationals from the identified countries who hold B1 or B2 visas;
• Targeted suspension of visa issuance for certain nationals;
• Limits to the duration of admission of certain nationals, to be implemented by the Department of Homeland Security; and
• Additional documentary requirements.

Upon making these recommendations, President Trump provided that “[t]he Secretary of State and the Secretary of Homeland Security shall immediately begin taking all appropriate actions that are within the scope of their respective authorities to reduce overstay rates for all classes of nonimmigrant visas.”

President Trump directed the Secretary of State and the Secretary of Homeland Security to, within 180 days of the date of the Memorandum, “take steps to develop measures required for imposing admission bonds as a means for improving compliance with the terms and conditions of nonimmigrant visas.” The secretaries will provide a status report on their progress within 120 days of the date of the Memorandum.

Conclusion

We will not know what policies will develop from the Memorandum until the Secretary of State, Attorney General, and Secretary of Homeland Security make their recommendations to the President. Regarding the countries with a B1/B2 overstay rate of at least 10 percent in fiscal year 2018, President Trump may impose entry restrictions, visa restrictions, or other restrictions in accordance with his Executive authority and the INA.

The most far-reaching policy change that may result from the Memorandum could be the broad imposition of admission bonds. President Trump's instructions to the Secretary of State and the Secretary of Homeland Security do not limit the admission bond guidance specifically to the identified countries with high B1 and B2 overstay rates. It remains to be seen how broad any new admission bond policies will be.

While the Memorandum may lead to significant policy changes, it is worth noting that, outside of the section on admission bonds, it is limited in scope by its own terms. The instant Memorandum by its own terms only targets select countries with high visa overstay rates in the previous fiscal year in the B1 and B2 nonimmigrant visa categories. It does not address overstay rates in other nonimmigrant visa categories and it does not suggest taking any immediate action toward countries with B1 and B2 overstay rates below 10 percent.

We will update the website with more information if and when new policies are implemented as a result of the instant Memorandum.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com