Diversity Visa Lottery Fraud Warning

We have just received information that there is a fairly large scam going on concerning the Diversity Visa Lottery (DV). Fraudulent websites are posing as official US Government sites and tricking the people into making payments online in order to find out the status of their DV Entry.  Most often these fraudulent scams involve emails, indicating that a person has either won the DV or advises applicants to check their status or other important information by logging on to their site.  Further, these fraudulent emails indicate that a payment must be made in order to proceed further with their winning DV or in order to obtain additional information. Please be advised, that there is NO charge to check the status of your entries online, simply go to  http://www.dvlottery.state.gov.  Please also note that the Department of State DOES NOT notify successful DV applicants by e-mail, rather, all randomly selected applicants will be notified by regular mail. Finally, the decisions for the DV 2011 are not expected to be announced until sometime after May of this year.

If you are unsure about the information that you have received in an e-mail or by regular mail, it is always safer to consult with an attorney, who will properly guide and advise you. Do not send money by mail or through the internet to any source that you are unfamiliar with or that is questionable. For more information, please visit the Department of State's website at: http://travel.state.gov/visa/immigrants/types/types_1322.html.

Dream Act stays only a DREAM!!!!

It is with disappointed and great regret that I inform my readers that once again Dream Act has failed to pass.  Despite the passage in the House several weeks earlier, the Senate, on Saturday, December 18, failed to get enough votes to pass the anticipated Dream Act. Development, Relief and Education of Alien Minors (DREAM) Act would have provided a conditional gateway to legal permanent residence for some unauthorized young people who were brought to the United States as children if they follow certain guidelines, including but not limited to: completing high school; having good moral character; and completing at least two years of higher education or serving for at least two years in the military. 


Thousands of supporters of the Dream Act flooded Congress with phone calls and letters asking that they support the Act.  However, despite all of the efforts, Senate did not get enough votes.  Senate needed 60 votes in order to move this bill forward, however, even though the majority of the Senate voted in favor of the bill (55 in favor and 41 oppose), that was not enough to pass the Act. 


Although the Dream Act is still only a dream for now, it is not forgotten by any means.  It will be brought up back to the floor again for a vote next session, and, I have a feeling that it will keep coming back to Congress for a vote until it finally passes.... Yes, I do believe it will pass. It's an ACT that makes sense, if you take out all of the distortion and myths that are going on about the Act, and look at the facts and at the big picture... it is the only thing that makes great sense for this Country. I will continue to keep you updated on the Dream Act, and hopefully, will, eventually bring you the good news concerning this very important piece of legislation. 

Holocaust Fund Defrauded

I am sure that by now we have all heard about the Holocaust Survival Fund being defrauded. After a long debate with myself, I finally decided to post about this matter on my blog.Prior to voicing my opinion, and I have a very strong opinion on this matter, let me start by giving a brief background on this story.
On November 9, 2010, 17 people were charged with participating in a $42.5 MILLION fraud on an organization which makes reparations to victims of Nazi Persecution. Apparently employees who worked for the Claims Conference, a not-for-profit organization which provides assistance to victims of Nazi persecution, participated in fraudulent activities, by not following guidelines, by letting applications go that did not meet the criteria that was needed to receive the benefit of the fund, etc.  There are 2 separate funds that exist, Hardship Fund and Article 2 Fund. The Hardship Fund pays a one-time payment to victims of Nazi persecution who evacuated cities where they lived and were forced to become refugees. The payment of this fund was usually around $3,600.  Article 2 Fund  makes monthly payments of approximately $411 to survivors of Nazi persecution who fit a certain criteria.  Apparently 4,957 Hardship Fund applications were filed fraudulently between 2000 and 2009, resulting in a loss of approximately $18 Million.   Article 2 Fund is said to have processed about 658 application from approximately 1993 through 2009 and is said to have lost around $24.5 Million. Now for the kicker... how did it get done?  Well, as I said previously, it was not without the help of the employees who worked at the Claims Conference, although, the master mind behind this, were, for the most part, Russians who reside in Brighton Beach. These people submitted fraudulent applications for people who, in reality were not eligible for the fund. False identification was submitted, birth certificates and passports were altered and submitted with applications.  Horrific stories of the Holocaust were made up in order to receive monetary compensation.  Some of the people for whom applications were submitted were not even alive during the Holocaust, and some were not even Jewish.  It is further said, that the conspirators recruited people who would give personal information and on whose behalf those applications would be filed.  The recruiters, in turn, would keep approximately 90% of the payment and the alleged "victims" would get approximately 10%.
Indictments that are pending for those that were charged with this fraud, are generally that of conspiracy and mail fraud and carry a penalty of up to 20 years in prison and a fine of $250,000.  I say... give them the maximum.  As you guessed... this is where I give my opinion... so if you are on the side of those criminals... you should probably not read what I have to say, since you will not like it.  First of all, as an attorney, I must say  that laws are here in order for them to be enforced and if someone breaks the law, that person knows that there will be consequences.  Yes, we, as attorneys, defend clients in all types of situations, and we do so to the best of our abilities.  Although I am not a criminal attorney, I still must say that if I was one, and one of those defendants walked into my office, I would ask them to leave and would not want to represent those individuals.  I know some are thinking... for the right retainer, you would represent them... NO.... I would not.  I have developed a very low tolerance for people who do not know when to stop and who cross the line.  It is one thing to defend a business partner, who perhaps conducts his business in a less than "up and up" manner, or who perhaps does not live up to his fiduciary duty to his partner, it is a complete separate thing to represent people who STEAL from a fund that was created for victims of the most horrific genocide that we remember. The conspirators involved in this scheme should be ashamed of themselves.  If they are not given the maximum penalties, it is my personal belief, that these people will again surface, with perhaps another scheme.  As they have clearly showed, there is nothing that they hold sacred, not Holocaust, not religion or nationality. As a member of the Russian community, in Brooklyn, New York, I take pride in my background, my religion and my nationality.  As a result, I take personal offense anytime a group of Russians commit such acts and must say that it is not a reflection on the Russian community as a whole.  For the most part, Russian immigrants are highly educated, professional people who abide by the laws and contribute to their community.

What Does Immigration Through Investment Really Mean?

After reading an article on yahoo this morning, which can be found at http://finance.yahoo.com/career-work/article/111069/citizenship-for-sale, and more importantly after reading the comments which followed the article, I decided that I must shed some light on the whole situation concerning investors and their road to US citizenship. Let me first start by saying that it is not "easy" to qualify for an investment visa (known as the EB5).  Not only must an individual contribute a large sum of money (not less than $500,000) into the economy, but they must also create a certain number of jobs. What is all the complaining about then?  Isn't that great for our economy? I mean let me lay this out in layman terms:  We get smart, educated people, who have, most likely, worked very hard to earn their money, which by the way they now want to invest into OUR economy AND which will in turn provide more jobs in the  US, which will provide more revenue and income, and thereby creating more taxpaying residents. Considering our economic situation, I say... bring it on, and the more the better. We need smart, savvy business people in our Country.  I would much rather see people of such caliber, who have achieved something and are able to support our economy coming to this country, then those who cross the border and soon or a later will likely become a drain on our economy. 

I truly hope that someday, people will attempt to educate themselves, prior to posting comments which make them look less than knowledgeable and unaware of all the facts. I mean, one person wrote a comment, and I quote  "How about opening up more opportunity for Americans to open businesses...".  Who is stopping him from opening his own business?  It is comments like that which make me, not only angry that someone, who obviously has no idea about... well, anything, has a right to comment on such an important topic, which is obviously out of his league.  Perhaps, prior to being able to post a comment to some serious news article, one should take a short survey to evaluate his overall competency and education level.  Ok, I may be going to far with that, but why should we have to read such garbage? I am all for debates and controversy, but only when there is merit to them.

As an attorney, let me say this to all of those out there who believe that those with money can "buy" citizenship: It is not that easy and it involves a lot of hard work on the part of the individual who is considering investing money into the economy.  Nonetheless, with perseverance, it is doable, and last year we had a just less than 1,000 investor visas approved. I truly hope that we will see an increase in this number in the coming year, as I believe America can only benefit from those people. 

Vaccine Litigation Reaches Supreme Court

Those of us who have children, and perhaps even those that do not, have certainly heard about the disputes as to whether or not vaccines lead to autism in some kids.  These discussions have been going on for several years, and to date, I am still not convinced there is conclusive evidence linking certain vaccines to development of autism. Although, I must admit that such discussions have made me very skeptical and cautious when it comes to vaccinating my own child, and I await more conclusive evidence on the matter. 

Although, I am not sure when we will be able to get more conclusive evidence on the matter, I do know, that Today, October 12, 2010, Supreme Court of the United States will hear arguments as to the safety and implications of vaccines and how such claims shall be decided.  This case will challenge the law which passed in 1986, the National Childhood Vaccine Injury Act. This act was established to safeguard manufacturers from potential lawsuits involving vaccines. In essence, all cases involving claims made against the manufacturer, for injuries which were allegedly suffered as a result of certain vaccines were to proceed in an alternative legal system known as the "vaccine court".  Moreover, the only claims that could proceed in "vaccine court" were those where injuries sustained were among those that were officially recognized as being caused by a particular vaccine. In essence, what that meant was that if a child, after receiving vaccine became paralyzed, and paralysis was not one of the recognized causes by a particular vaccine which that child received, no claim can be brought against the manufacturer. Parents of injured children faced a lot of hurdles that they had to overcome to bring such an action.  I have to admit, I am appalled that it took 24 years to challenge this Act.  As a mother, it is disgusting to know that our children were not being protected and instead of doing everything we can to safeguard our little ones and provide for them a safe environment (which includes safe medications and vaccines), the system turned its back on no one else but our children, leaving them vulnerable and unprotected. As an attorney, I think it is shameful that our legal system, which shall be equal for all is anything but equal.  We protect huge manufacturing companies at the expense of our children. The argument that was made when the Vaccine Act was passed, and the one that is still being made today by the supporters of the Act, is that if manufacturers are held accountable for each and every incident involving vaccines, it would not be economically feasible for them to continue to make the vaccines and litigation would spin out of control.  Do I agree?  Well, yes and no. I agree that in today's world, people often look for others to blame and if they see an opportunity to receive compensation, they will likely go for it.  And I do not believe that manufacturers should have to pay for something that would have happened despite their medication.  There are some children who would have developed autism or perhaps some other disability despite getting a particular vaccine.  However, parents often refuse to accept that fact and find all possible ways to blame something external for such misfortune.  It is part of human nature.  However, manufacturers shall not be dragged in and out of court as a result of such a coincidence. On the other hand, if parents, with the help of medical experts can establish that the vaccine was absolutely the cause of autism, or some other disability, then by all means such case shall proceed to trial.  Moreover, if it can be established that manufacturer knew about the possible hazards and side effects of their medications, they should be responsible for punitive damages as well, to compensate for their gross-negligence. 

I await the decision from the Supreme Court about this very serious issue, that affects a lot of parents.  However, even more important than this pending case, is the research that is being conducted to determine the cause and effect of various vaccines on our children.  Once the research proves conclusively one way or another, it will likely in and of itself solve a lot of problems from the legal standpoint. 

To read more about this go to: http://www.nytimes.com/2010/10/12/health/12vaccine.html?_r=1&ref=business

Immigration Attorneys Arrested in California

3 California attorneys were arrested and sentenced to prison as a result of immigration fraud. The attorneys are said to have orchestrated hundreds of false asylum claims. They mostly dealt with people of Romanian and Indian descent and filed hundreds of asylum applications containing fictitious stories of persecution, including false arrests, detention, torture, and even rape. Applications were also, oftentimes, supported by fraudulent and counterfeit medical records and affidavits. Some of the same stories were used and reused for various people.

For those of you who do not know, to be eligible for asylum, a person must show a well-founded fear of persecution in their home country.  And those attorneys, basically "created" those fears for them in order, to make money and file their asylum claims.

I have to say to all those who ever asked me why so many asylum claims get denied... This is WHY... because of people, sometimes even attorneys, who file hundreds of petitions based on fraudulent evidence.  That is exactly why all asylum applications are heavily scrutinized and it has become more and more difficult to get asylum status. As a result of instances like that, individuals, who do in fact suffer in their home countries are often denied asylum status, or in the alternative, must meet such an extraordinary high standard in order to prove that they were in fact a victim of persecution in their home country.

These attorneys were financially fined and sentenced to prison, with terms ranging from 30 months to 108 months.

Maryland Man pleads guilty to immigration scheme

A 29 year old man, Robert Fred Majia, from Maryland, pleaded guilty to an immigration scheme that he and a co-conspirator had going from approximately, December 2007 until June 2009.  It appears that Majia and a conspirator charged people for immigration services which they never provided. Some instances consisted of individuals bringing Majia and his conspirator $5,000 or more for assistance with immigration documents. Mejia and co-conspirator completed immigration documents, even went as far as taking their fingerprints, however, they never actually filed any documents on behalf of their clients. Moreover, to make it seem even more real and to entice people into their scheme, Majia dressed as an ICE employee, even drove a vehicle that was similar to a police car.  As a result of this scheme, approximately 50-250 victims lost between $400,000-$1million. 

I have to say that I am not surprised at this story.  In fact, I am surprised that more people are not caught doing similar schemes.  Perhaps, this man went a little beyond what I have seen and heard from clients and colleagues by impersonating ICE officials, but all in all, this seems to be a very common scheme.   A lot of paralegal services offer immigration assistance and assistance in obtaining divorces to individuals.  They even have ads in the paper advertising their services.  I believe, I even spoke about this in one of my previous posts.  When clients call them, they give them a much cheaper price than an attorney would give for the same services.  However, these people often do not know what they are doing, they collect money from these clients and then they disappear, allowing their clients to think that everything has been done and everything is good.  Then when clients get an NTA notice and attempt to contact the individual whom they paid and who was suppose to provide them with immigration services, those people are nowhere to be found.  And when finally, they seek help from an attorney and the attorney does some research, it comes to light that nothing was ever done for these people and they are now in deportation proceedings. Sometimes, however, those services do provide immigration assistance, however, sometimes, it is best if they did not.  Because of their lack of legal knowledge, they always make mistakes, which often makes things worse for their clients, sometimes those errors are irreversible.   

I cannot say this often enough, how important it is to make sure you get assistance for  immigration issues, or any other legal issues which you may be faced with from a licensed attorney, knowledgeable in that area. Perhaps you may pay a little more for such services than you would to someone who is not an attorney, but at least you will know that things will get done correctly. Because even if you do save money at first by going to a paralegal service or some other non-attorney who offers to help you with your situations, 9 out of 10 times, you will still end up seeking services from an attorney due to ineffective or lack of assistance that you get from such individuals, in which situations, you are likely to pay much more money to fix a problem, then you would have if you had done things properly in the first place. After all, it is your livelihood that is on the line... it is not the time or place to start looking for the cheapest answer.