Immigrants preying on Americans with false tales of abuse to stay in US, experts say

Article CAIRCO note: 
Accused individuals Such as Mr. Sun of Colorado are not allowed to offer Customs and Immigration Services evidence, even if it shows the petitioner has engaged in criminal behavior
Article author: 
Malia Zimmerman
Article publisher: 
Fox News
Article date: 
8 September 2016
Article category: 
Colorado News
Article Body: 

Renee Sun’s 21-year-old son always wondered why his girlfriend of three months regularly ended her tearful breakup speeches by pulling him close and whispering into his ear, “Text me.”

The brief but tempestuous relationship began when the two were students at University of Colorado-Boulder  ...

The reason for the parting double message seemed to become clear when Sun’s son was arrested and learned his erstwhile paramour had gone to campus police claiming he was stalking her.

Every time he texted her, he unknowingly provided digital evidence to prove her claim. That made her and her family members eligible for the only prize they were ever really after, according to Sun and immigration experts: A green card known to bureaucrats and applicants as the “U” visa, which would allow them to stay in the U.S. legally and ultimately gain citizenship ...

Former Arapahoe County (Colo.) District Attorney Michael Steinberg, who now specializes in such cases, said, "anyone who enters the country illegally and can produce a restraining order or affidavit, even with no hard evidence of abuse, is likely to be approved for a work permit and permanent residency."

[...] accused individuals such as Sun's son are not allowed to offer Customs and Immigration Services evidence, even if it shows the petitioner has engaged in criminal behavior. The U visa provision even brings to a halt deportation proceedings that may have already been under way...

John Sampson, a retired Immigration and Customs Enforcement agent, who now operates CSI Consulting and Investigations, which specializes in helping U.S. citizens victimized by foreign national visa scams, was an expert witness in the Suns’ case.

"If he was harassing her, why didn't she block his number, get a new phone, tell his parents about him, or get a restraining order before a year's time? Why subject herself to a year's long harassment that turned into stalking?"

Sampson said claiming to be a victim of stalking, harassment or domestic violence to obtain a U visa is a common scenario. “Unfortunately, most of the courts and prosecutors are fully unaware of what is going on. They have no idea,” Sampson said ...

In addition to having their hearts broken, U.S. citizens taken in by the scam can have their lives ruined and even be sent to prison. Some have seen their bank accounts emptied by newly-minted resident aliens, who often go straight onto the government dole, Sampson said ...

CAIRCO Research

[...] According to testimony at trial, the woman is in the country legally under the Deferred Action for Childhood Arrivals program... Boulder Daily Camera, Sept. 14, 2016

U.S. Citizenship and Immigration Services (USCIS) - government agency 

Victim Compensation Benefits:
There are certain groups of people who... may get a waiver-
9) Individuals applying for a U Visa
11) Individuals who possess a U visa and are trying to become a permanent resident (get a green card)\


What Crimes Qualify Its Victims for a U Visa
In a typical U visa case, you will have been the victim of a serious crime that took place in the United States.
... Stalking was also added to the list of crimes for petitions filed after March 7, 2013.

Your Qualifying Family Members May Receive Derivative U Visas
Certain family members may be eligible to become derivative U visa recipients if the principal petitioner’s application is approved. These include your:

  • unmarried children under age 21
  • spouse
  • parents (if principal petitioner is under age 21), and
  • unmarried siblings under 18 years old (if principal petitioner is under age 21).