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The Golden Door

News and views on immigration law

Posts Tagged ‘Vietnamese’

A tribute to a Vietnamese mother on Mother’s Day

Sunday, May 13th, 2012

One of my favorite news magazines is The Week.  I was an early subscriber, when it was a very slim compilation of the week’s news, opinions, and reviews  from diverse sources, and had very few ads.  It has bulked up since then – mostly with ads, but still retains its essential character of delivering relevant snapshots of what’s happened in the past week.

This week, The Week excerpted some tributes to mothers from This I Believe (“The invaluable weight of a mother’s gifts”), a collection of essays from youths and adults about their core va;ies and beliefs.  The third story is about a single mother of two little girls who set off to escape Communist Vietnam, and the courage it took to make that decision and see it through to completion – acceptance into the United States as political refugees, and building new lives here.  For those of us who were once boat people ourselves it will bring back poignant, wrenching memories of journeys marked by fear, uncertainty, and also strength and bravery.  For others, it will provide a glimpse into what it means to be part of the Vietnamese diaspora known as the “Boat People.”

“Crossing a Cultural Gulf”

Thursday, May 10th, 2012

Here’s a story that I found interesting.  It is about the Vietnamese American community in the Gulf Coast in the aftermath of Hurricane Katrina and the Deepwater Horizon oil spill:  http://www.napaba.org/uploads/napaba/Fall%202011.pdf (see cover story in the Fall 2011 NAPABA newsletter).

Although I have not met Mai Phan in person, we have spoken on the telephone and she has always done her best to be helpful when I need insight into a California legal issue.

I visited New Orleans recently, and got a superficial glimpse of the tight-knit Vietnamese American community in New Orleans East (also known as Versailles).  It was interesting to see a place in the United States where Vietnamese was as ubiquitous if not more so than English on storefronts and signs everywhere.  However, in reading “Crossing a Cultural Gulf,” I was also troubled to think that this community, whose roots in the Gulf Coast go back to the Fall of Saigon (1975), may still consist of long-term immigrants who have not learned English and thus are dependent on charity and language access services when they need to access services outside of their ethnic enclave.

Let me profess my ignorance here.  I don’t know the make-up of the Vietnamese American community on the Gulf Coast.  That is, I don’t know what percentage of the population are first wave immigrants, and what percentage are more recent immigrants who have not yet had the time and opportunity to learn English.  But, for the immigrants who have long established their homes here, to fail to learn English along the way is folly.  You become dependent on others, and vulnerable to scam artists who promise to  help you.  I have heard sob stories about Vietnamese “guides” who help people open bank accounts and apply for government benefits only to steal money or identities.

Over and over again, I have heard immigrants tell me (sometimes through interpreters) that they are too busy working to learn English.  I do not doubt that these individuals lead busy lives, working hard trying to make ends meet and raise their families as best they can.  But to fail to learn English is a failure to invest in the future.  Not speaking English means you must either work a labor-intensive job that does not require strong communication skills, or you work in a family business where it doesn’t matter that you cannot communicate in the common language of society around you.  Either way, you are limited in your options.  Too many immigrants, especially older immigrants and those with children who can speak English, decide that it will be the next generation who will move to that next level of prosperity that requires fluency in English.  These immigrants don’t believe that they themselves can progress any further.

Another handicap of not speaking English is that when you need legal help, if you are not eligible for legal aid (free legal services to the indigent) then the chances of your getting free interpretation services along with your legal services are small.  In that case, you need to find a lawyer who already speaks your language; and if you can’t find a lawyer specializing in the matter you need help with then you have to find an interpreter.  Maybe you have a family member who is old enough to have been raised in your native language but young enough to have learned English as a child and thus is fluent in both languages.  But the skills of such interpreters vary wildly, and interpreting legal terms can be tricky.  Chances are, you will not get the full import of what your lawyer is trying to tell you, and may make important decisions based on an imperfect understanding of your rights, obligations, and options.  Paying a professional or certified interpreter can add significantly to the cost of addressing the matter.

I speak Vietnamese, and I value that skill.  In our world today, the more languages one can speak the more doors are open to you.  Immigrants who live in an English-speaking country but fail to learn English are refusing to cross a gate to more opportunities.  Which is a sad irony, because don’t most of us immigrants move to a new country in search of new opportunities?  (And hence the name of this blog.)

In the Philadelphia area, several nonprofit organizations provide English language classes to immigrants, free of charge.  All it costs is your time and effort.  The Welcoming Center for New Pennsylvanians is one such resource, as is Boat People SOS, Delaware Valley Branch.

Tran Law Associates helps Vietnamese immigrants file for immigration benefits.  If you need assistance with an immigration matter, please contact us at (215) 690-1933, or at info@tranlawassoicates.com.

De Hieu Tran – another immigration scam artist

Thursday, November 11th, 2010

On August 12, 2010, a 42-year-old Vietnamese man was arrested in Kentwood, Michigan, for falsely holding himself out to be a U.S. Marine and ICE officer, and for scamming the local Vietnamese community for immigration benefits. Only a licensed immigration lawyer or BIA accredited representative can perform this kind of service, and people seeking citizenship should be cautious when choosing their help in order to avoid scams like this.

De Hieu Tran was ordered deported in 2002, but instead of going back to Vietnam it appears that Tran used his experience with the immigration system to trick other Vietnamese into paying him money to deliver immigration benefits. Tran is accused of accepting large cash payments in return for his promises to get his ‘clients’ their “immigration paperwork” and “expedite their becoming naturalized United States citizens.”

Reports indicate that Tran has never served in any U.S. military branch nor been employed by ICE (ICE generally doesn’t employ deportees). Tran is reported to have even gone so far as to wear a Purple Heart, the military award given for being wounded or killed in combat, to impress his victims. When he was arrested, he was wearing a U.S. military flight suit with a USMC captain insignia. This raises the question, for me, of why he would bother. What real Marine goes about his or her civilian life routinely dressed in uniform? Did he think that being in uniform would make his claims of being able to deliver immigration benefits in exchange for money more believable? Apparently it worked, as reports indicate that Tran received thousands of dollars from at least four Vietnamese nationals for his ‘help.’ His victims thought they were paying a bribe for special, fast-track treatment, such as getting citizenship less than five years after becoming a permanent resident.

While Tran himself is a fine example of what you DO NOT want your children to grow up to be, I find that I also have little sympathy for his ‘victims.’ They bought into his promises of special treatment in return for a bribe. They wanted to jump the line and thought that they could buy their way in. Let me just say, to anyone thinking of taking a ‘shortcut’ by lying or falsifying documents, sure, there’s a chance you might get away with it, and get your citizenship a little sooner. After all, immigration officials are only human. They don’t know everything, and sometimes make mistakes. If you’re caught, however, you not only risk jail time and fines, but also losing whatever rights to immigration benefits you had before.

Applying for immigration benefits can be costly, time-consuming, and frustrating, and the process is often easier with the help of an immigration lawyer.  Believe me, I know this. I know it better than most people. Sometimes the law doesn’t make much sense. But if you don’t respect the law as it exists, and try to go around it for your sole, selfish benefit, please don’t expect to get any sympathy when you get caught. Not only do you do a disservice to yourself and your family, but you also do a disservice to the other members of your community, who must now deal with the bad reputation that your actions will bring upon them. When in doubt as to the law or your options, choose an experienced immigration lawyer to help you address your problems the right way.

Djung Tran, Esq.

Tran Law Associates

834 Chestnut Street #206
Philadelphia, PA 19107
(215) 690-1933

“Operation Morning Glory” — Marriage fraud in Salt Lake City

Saturday, September 25th, 2010

In August 2006, during a sting dubbed “Operation Morning Glory,” federal immigration agents raided the homes and businesses of dozens of Vietnamese-Americans suspected of involvement in a large-scale marriage visa fraud ring.  During that sweep, the feds netted 24 to 31 Vietnamese-Americans in and around Salt Lake City, Utah, who had recruited Utahns to enter into fake marriages with Vietnamese men and women to bring them to the United States under the marriage visa laws.

The ringleaders paid Utahns anywhere from $500 to $10,000, plus travel expenses, to go to Vietnam, participate in a fake engagement or wedding with the Vietnamese national being sponsored as the ‘fiance(e),’ take tons of photos as a couple with the Vietnamese national in different outfits in different locations to make it look like the couple had spent a lot of time together, and sign-off on the paperwork to petition for the Vietnamese national to immigrate to the United States based on the fake marriage.  Vietnamese nationals paid up to $30,000 for this service.  Anywhere from 80 to 100 fake marriages were arranged by this ring over its five-year run.

According to a 2008 U.S. Department of State report, a total of 90 individuals were successfully prosecuted in conjunction with the visa fraud ring, which is one of the biggest uncovered in immigration enforcement history.  The 90 individuals prosecuted makes it sound like both the ring organizers and the recruited Utahns were prosecuted, as the original sweep only netted 24 Vietnamese-American organizers.  Possible sentences for the charges ranged from 5 years for marriage fraud to 10 years for alien smuggling.  The fraudulently-sponsored spouses are, of course, subject to deportation for immigration fraud. They’ll need the help of the best immigration lawyers after committing such a crime.

The Deseret News, a Salt Lake City newspaper, led its reporting on the operation with this statement:  “On the crowded streets of Ho Chi Minh City, Vietnam, advertisements selling U.S. marriage visas are as common as ads for produce at grocery stores, according to federal agents.” Photographers advertising ‘wedding’ packages are also quite common in Ho Chi Minh City (Saigon) and Hanoi).  These packages usually include a few days during which the photographer takes pictures of the the happy couple in rented wedding attire, at a restaurant with rented ‘wedding guests,’ and other evidence of a happy ‘courtship.’  U.S. immigration authorities are well aware of this practice, and, needless to say, it does nothing to help real couples obtain marriage visas.

While it may seem that faking out U.S. immigration authorities is just a matter of learning what is needed to convince a consular officer to issue a fiance(e) visa and/or to convince a USCIS officer that two strangers are a happily married couple, being caught in immigration fraud means real jail time for U.S. citizens and deportation (and probably being barred from returning to the U.S. for a very long time or forever) for non-citizens.  The policy behind family-based immigration laws is to reunite actual family members.  These laws are abused when criminals decide to use them to bring anyone over who can afford to pay.  Suspicious consular officers or immigration officers then demand more proof from Vietnamese petitioners and make them jump through more hoops to get the same benefit as every other type of petitioner.  As an example of the visa refusal rate for Vietnamese nationals, in 2009 the consulate in Ho Chi Minh City refused 42.3% of all B visa applications.  The bottom line is that immigration fraud, whether marriage fraud or otherwise, makes it even harder for U.S. citizens and legal permanent residents of Vietnamese ethnicity to reunite with their real family members because it makes immigration officers extra suspicious of Vietnamese cases.

Djung Tran, Esq.

Tran Law Associates