H.R. 1397 would provide for immigration relief in the case of certain immigrants who are innocent victims of immigration fraud.
Detailed Summary
Provides immigration relief for aliens who are determined by the Secretary of Homeland Security to have: (1) obtained nonimmigrant status on or after January 1, 1980, and who at that time were nationals of the Republic of Korea; (2) applied before January 1, 1999, through one or more immigration brokers for adjustment to permanent resident status through the Immigration and Naturalization Service (INS) office in San Jose, California; (3) obtained adjustment approval as the result of bribery by such brokers of an INS supervisor; and (4) had no actual knowledge of the fraud at the time of adjustment. Extends relief to the spouse and children of eligible aliens granted permanent resident status.
Prohibits the immigration fraud reflected by such bribery from being considered in determining the admissibility or removability of eligible aliens.
Requires the Secretary to: (1) restore an eligible alien's status as if the original adjustment had been lawful, including where permanent resident status or naturalization was rescinded or where removal was ordered on the basis of the fraud; and (2) parole (and provide necessary travel documents) into the United States eligible aliens who were removed or who voluntarily departed in connection with charges relating to the fraud for purposes of filing an application for relief under this Act.
Status of the Legislation
Latest Major Action: 3/8/2007: Referred to House committee. Status: Referred to the House Committee on the Judiciary.
Points in Favor
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Points Against
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Visitor Comments
Anonymous
May 4, 2007, 11:34am (report abuse)It is inconceivable to punish immigrants for a crime that they had no knowledge of. The INS agent and the brokers should be held more responsible for this crime.
Anonymous
June 18, 2007, 1:15pm (report abuse)The INS agent who originally orchestrated this fraud managed to avoid jail time and received a mere fine and probation. That's pathetic! How could the government punish the people that were victimized by the fraudsters?
Sam S.
June 18, 2007, 1:22pm (report abuse)I think this is a great bill. I was born here but I would be pretty mad because my whole family had to get deported because the government found a flaw with great grandparents' documentation.
Craig Russo
June 18, 2007, 6:12pm (report abuse)Good bill. It's got my vote*
Greg
September 10, 2007, 9:43am (report abuse)Give me a break. They were trying to fraudulently apply and knew about it. Now, they want to be perceived as innocent victims. I agree that it is pathetic that the agent was slapped on the wrist, but there are two sides to blame - the unethical government worker and the people willing to buy green cards and naturalization - they should not be rewarded.
Shinji
July 10, 2008, 4:21pm (report abuse)To Greg: Give you a break. You don't even know the details to this situation. The people didn't know about the fraud; thus, they are referred to as "victims." Read the article http://articles.latimes.com/2003/jan/06/local/me-koreans6 before you make any dumb-ass remarks. The INS agent and even the broker admitted that none of the victims knew about the fraud.
Frank
July 14, 2008, 7:30pm (report abuse)Amnesty isn't the answer, but immigrants shouldn't be punished for the fraud that was perpetrated by the INS agent. The government need to propose a better plan to not jeopardize itself but to also help these immigrants.
Peter Cannavaro
July 14, 2008, 7:34pm (report abuse)Why don't they just review each case on a individual basis? If they came here legally and was unlucky to be screwed in this fraud, they should be just granted a special visa to be able to work towards their residency. Why are they making this more complicated than it really is?
Bill
July 28, 2008, 6:49pm (report abuse)Read the article http://articles.latimes.com/2003/jan/06/local/me-koreans6
"....But Lee, who is out of prison, said none of his 50 clients knew of the bribes. “They thought they were paying for their cases to be expedited,” he said. “As far as they knew, it was all legal. The bribes were between me and Leland Sustaire.”