Government memos and Bills

a. USCIS Standard Operating Procedure (SOP) on

Deferred Action

b. USCIS Immigration Administrative Relief Options

c. Morton Memo on Exercising Prosecutorial Discretion
d. 1Congress Bills HR 4848 of 2006 etc

Ex. 1

United States Citizenship and Immigration Services

STANDARD OPERATING PROCEDURES FOR HANDLING

DEFERRED ACTION REQUESTS AT USCIS FIELD OFFICES

United States Citizenship and Immigration Services

I 11 Massachusetts Avenue, NW, Second Floor

Washington, DC 20529-2030

Version 1.0
3/7/2012

14

..,. .....-r

This Standard Operating Procedure (SOP) applies to all requests for deferred
action (initial and renewal) handled at USCIS Field Offices. This SOP is not
intended to supe~de any existing policy or guidance' related to deferred action
handled at USCIS Service Centers (Violence Agai~t Women Act (VA WA); A3 G-5 T and U nonimmi
t visa related deferred action .
General Informatioo Deferred action is a discretionaiy determination to defer removal action of an
individual as an act of prosecutorial discretion. A USCIS Field Office Director
(FOD) may, in his or her discretion, recommend deferral ofrernova~ but the
recommendation must also be reviewed and recommended by the USCIS District
Director (DD). Deferred action requests received and recommended by a DD
directly do not require review and recommendation by the FOD. The fmal
determination to defer action rests solely with the USCIS Regional Director
(RD). Deferred action:
is an exercise of prosecutorial discretion not an application for a benefit
does not confer any immigration status upon an alien

if granted, stops accrual of unlawful presence, as defined in section

212(aX9) of the Immigration and Nationality Act (INA)
does not eliminate any periods ofunlawful presence accrued prior to
approval of or after the effective date that deferred action is terminated
does not alter the status of any alien who is present in the United States
without being inspected and admitted or the status of any other alien
statutoril ineli ible to ad'ust
L Request for Deferred Formal Request by Individual and/or Legal Reomentatiye
Action
A request for deferred action can be made in writing and signed by the
requestor. l No fee is required for a deferred action request. The requestor or his
or her legal representative may either make an INFOPASS appointment to
present the request, or submit the request by mail to the USCIS field office
having jurisdiction over the requestor's place of residence. To support a deferred
action request, the requestor may provide:
An explanation as to why he or she is seeking deferred action including any supporting documentation (e.g., medical infonnation, evidence of
community and familial ties and equities, conditions in the requestor's
country of origin, etc.)
.
Proof of identity and nationality, including a birth certificate, a passport
and/or Identification Card, driver's license, notarized affidavit(s), school or
.medical records, etc:- _

Any document the requestor used to lawfully enter the United States
including, but not Iiniited to, Form 1-94, Arrival/Departure Record, a
passport with visa and/or admission stamp, and any other documents issued
by other components of DHS or legacy INS
.Form G-325A Biographic Information
A requestor who has legal representation must submit a properly completed
Form G-28, Notice ofEntry as Attorney or Accredited Representative
Introduction

()

I For purposes of this SOP "requestor" means the actual person who seeks deferral of any removal action against himlher, not an
attorney or representative making the request on.their behalf. The requestor may be making the request for his/her entire family
unit.
STANDARD OPERA TING PROCEDURES FOR HANDLING DEFERRED ACTION REQUESTS AT USCIS FIELD OFFICES

3
16

proceedings, direct them to U.S. Immigration an~ Customs Enforce'1lent (ICE)

for submission of the deferred actiori request.
.
.
.
Requests Inltiatecl by USCIS
An Immigration Services Officer (ISO), Supervisory ISO (SISO), FOD, or DD,
may encounter cases during his or her normal course of business that they feel
warrant deferred action. ~s encountered by the FOD or DD that they feel
warrant deferred action will follow the procedures provided in this S<:JP. Cases
encountered by an ISO/SISO that they believe merit deferred action:
Must have all of the file searches and security checks complet~ (No
referral will be made for fmgerprints until after the. FOD concurs with the
ISO/SISQ)
Must be presented by the ISO/SISO to the FOD for his or Jter
recommenda.tion (the FOD may require a memo from ISO/SISO with
ju~itication);

III. Field Office Intake

Then,
If the FOO makes a favorable recommendation, follow the procedures
provi~ed in this SOP
Ifthe FOD does not concur with the IS0/$1SO recom~endation, the FOD
will annotate the Afr-file with a brief description of the reason for not
favorably recommending deferred action, then forward to the DD for
review. If the DD concurs with the FOO not to recommend deferred action,
the file does not need to go to the RD. If, however, the DD feels that
deferred action is warranted, follow the procedures provided in this SOP.
Upon receiving the deferred action request and suppoqing document(s), the
USCIS field office will:
l. Verify that the requestor resides in the jurisdiction of the field office.
2. Search for and request any Alf-files associated with the requestor and any
family member(s) included in the request.
3.' Ifno existing A-file was located after a thorough search-of the Computer
Linked Application Infonriation Management System version 3
(CLAIMS3), Central Index System (CIS) and the National. File Tracking
System (NFfS), create a new A-file.
4. Create a T-file for temporary storage of the deferred action request and
supporting doeuments if an A-file exists !>ut has not yet been received, is
lost, or is digitized.
S. Initiate TECS checks for requestor and any family men:iber(s) included in
the requ~t who are 14 years of age or older.
6. Schedule the requestor and any included family member(s) who are .14 years
of age or older for fingerprints as appropriate.
7. Notify the USCIS Regional.Office of the receipt of the deferred action
request (see section VIII "Oata Collection").
8. Rec~rd into the Enterprise Perfonnance Analysis System (ePAS)
"Inventory" for statistical purposes (see se~tion vm "Data Collection").

*If fingerprints are expired or were not previously captured, sc,hedule for an
appointment at the Application Support Center(ASC) for a IO-print biometrics
capture (Code I). No fee will be charged for the capture of such biometrics. As
appropriate, the capture of biometrics may be waived pursuant to the ASC SOP.
A-File not Received or Lost

After two weeks from the initial A-file(s) request. if the requested A-file(s) is/are
STANDARD OPERA TINO PROCEDURES FOR HANDLING DEFERRED ACTION RBQUI;STS AT USCIS FIELD OFFICES .

4
17

--------

t :'\. 01:purtrnl"UI uf IJnmeJnu1I

~I

:. (.' 1111.\'.'tloi:lllJI

~m:urit)

ttOd lflHIU!-'MitCJll ~Cf\ h..1.::~

itJ'l1iJ/'f.!fliJIUl1 /Jn1(.Jlolffl4

t,\-?~ ~; J:l~

)
9
)

.Memorandum
TO:

Al~jandro

FROM:

Denise A.Vanison. Policy and Strategy

Roxana Bacon, Office of the Chief Counsel
Debra A. Rogers, Field Operations
Donald Neufeld, Service Center Operations

N. Mayorkas, Director

SUBJECT: Administrative Alternatives to Comprehensive Immigration Reform

I.

Purpose

This memorandum offers administrative relief options 10 promote family unity, foster economic
growth, achieve significant process improvements and reduce the threat of removal for certain
individuals present in the United States without authorization. It includes recommendations
regarding implementation timeframes and required resources.
ll.

Summary

Jn the absence of Comprehensive lmmigrarion Reform, USCJS can extend benefits and/or
protections to many individuals and groups b)' issuing new guidance and regulations, exercising
discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear
(NTA). and adopting significant process improvements.
To promote family unity, USCJS could reinterpret 1wo 1990 General Counsel Opinions
regarding the abili1y of Temporary Protected Status (TPS) applicants who entered the United
States (U.S.) without inspection to adjust or change status. This would enable thousands of
individuals in TI'S status m become lawful permanent residents. Similal'ly, where non-TPS
applicanrs have been deemed inadmissible under section 2 l 2(a)(6)(A)(i) of the Immigration and
Nationality Act {"the Acr") for having entered without inspection, USCIS could grant "parole-inplace" (Pl P) in the exercise of discretion to create a basis for adjustment in the 11.s.

AILA InfoNet Doc. No. 10073063.

(Posted 07/30/10)

DRAFT -- Immigration Ad111inis1ra1he Relief Options

Page 10
To address these issues, USCJS has prioritized a comprehensive review of all policy documents
to ensure rhar guidance is consistent throughout the Agency. The review will e>;amine all
existing policy within the Agency and provide access to the most up-10-date guidance 10 both
internal and external stakeholders. Once the policy guidance is reviewed and revised, it will be
posted on a central and searchable web-based repository
lmplt:mentation Method: Rulemaking
USCIS Working Groups, USCIS Senior Policy Council
Target Date. Incremental Implementation; All USCIS policies reviewed and cmhanccd hy June
Resources/C~;

2012.

D. To Protect Certain Individuals or Groups from tht Thre111 of Remov.il

I. I ncrcasc !he Use of Deferred Action

For individuals already admitted 10 the U.S. (and therefore ineligible for Pl P). USCIS can
mcrease the use of deferred action. Deferred action is an exercise of prosecutorial discretion nor
to pursue removal from the U.S of a particular individual for 11 specific period of timc. z A grant
of deferred action does not confer any immigration status, nor does ii convey or imply any
waivers ofinadmissibility that may exist Likewise, deferred action cannot be used to establish
eligibility for any immigration benefit 1ha1 requires maintenance of lawful status. Periods of
time in deferred action do. however, qualify as periods of stay authorized by the Secretary of
DHS for purposes of sections 2 I 2(a)(9)(B) and (C) of the Act, and may be extended indefinitely.
Individuals who have been granted deferred action may apply for employment authorization.
Within OHS, USClS, Immigration and Customs Enforcement. and Customs and Border
Protectio.n all possess authOiity 10 granl deferred action.
USCIS has previously allowed the use of deferred action to provide relief to nonimmigran1s
whose periods of admission had expired, or otherwise had failed to mainl<:1i11 lawful immigrant
status. In the aftermath of Hurricane Katrina, USC!S instituted a policy of deferred action for
nonimmigrants impacted by this natural disaster. USCIS has also granted deferred action for
particular groups including applicants for interim relief related 10 the U visa program. Mos1
recently. the SPC approved the use of deferred action for certain military dependents for whom a
visa number is nor currently available and who are ineligible for PIP.
)\
While it is tJ1eoretically possible 10 grant deferred action to an unrestricted number of unlawfully
present individuals. doing so would likely be controversial, nol to mention expensive. Presently
no specific application form or fee is required to request or receive deferred action. Were USCIS
to increase significantly the use of deferred action, the agency would either require a separate

; See, US Ci!u:cnsllip uml l11u111grn11011 Sei vices.. A(/111du:o1or .r F1eltl Mtmut1f. al scct1u114() l) 2(h){3)(JI. ndded
Mny 6. 2009. Factors Ill be cunslllcn:d m evaluating 11 request for deferred 11c11on nre also discussed 111 lhc
November 17. 2000 memornndum cillilled "Exerc1S111!! Prosccutorinl 01scrclion" hy fonnc:t lmmigrnhon nnd
Naiuraliznuon Scrvicci; Com1111ss1oner. Dons Meissner ni foot1101e I

AILA InfoNet Doc. No. 10073063.

(Posted 07/30/10)

/I. - ._,\

,-

/,~__.-

DRAFT Jmmigration Administrative Relief Options

Page 11
appropriation or independent fonding slream.; Ahernarlvely, USCJS could design and seek
expedited approval of a dedicated dcfcm:d action form and require a tiling fee.

Rather than making deferred action widely available to hundreds of thousands and as a non
legislative version of"amnesty", USCIS could tailor the use of this discretionary option for
particular groups 5uch as individuals who would be eligible for relief under the DR~ (an
estimated 50,000), or under section 249 of the Act (Registry), who have resided'Trithe U.S. since
1996 (or as of a different dale designed to move forward the Registry provision now limited ro
entrie; before January 1, J 972)

2. Issue NT As Strategical!)' to Promote OHS Priorities

Undet Policy Memorandum 110 (attached) USCIS issues NTAs for denied cases where such
issuance is prescribed by regulation. This includes, but is 1101 limited to, denials of the Fom1 J.
751 Petition to Remove Conditions on Residence; Form 1-829, Petition by Entrepreneur to
Removal Conditions; and Form 1-8 I 7, Application for Famil)' Unity Benefits 1,.1 ' .. . , .
! , ""'
,..,,". ,,. ,
"""
See8CFR21u.3(a) 8CFR236.l4(c .1
', USCIS also issues an NTA after termination of an alien's refugee status by the
District Director. See 8 CFR 207.9.
1: '

A~ide

from these st1uat~St:1S has discretion regarding whether or not to issue NTAs. In
pmCrrte. and ~ce_~ifli the spirir of Policy Memorandum 110, the agency typically
issues NT As for any/all denial-Jcieisioos_'!V}thour weighing the likely impact on the applicant or
the Executive Office for lmmigratio11 Revie'W:---

To promote the expressed priorities of ICE's Secure Com1,.t?nlties Initiative (attached) regarding
increased docket efficiency and a focus on individuals who pose'a .danger to the community;
USC!S should issue NTAs strategically. rather than across the boarcf.' If relief is potentially
available in removal. USCJS should consider issuing an NTA. On the other hand, where no
relief exists in removal for an applicant without any significant negative imm,igration or criminal
history, USCIS should avoid using its limited resources to issue an NTA. De~ cases should,
however, be referred to ICE given that agency's enforcement responsibilities.

' Under Sections 262. 263. and 264 of the Ac1. USClS may develop nnd implement n registrn11on progrnm fo1
mdividunls who arc unlawfully present 111 the U.S. The goal of such 11 progrnlll could be tu offer potenunl
discretionar}' relief opuons mclodmg deferred actiou while simult1111cously gathenng bltsi~ biometric data 1md
conduct111!! comprc:hetlJ1vc: secunl)' check~

AILA InfoNet Doc. No. 10073063.

(Posted 07/30/10)

_;

PoticY NumJPr: 1007.5.l

PEAN-ber.. 3'-112~
11.S. Daru*sttfR rit:=C 9-lt.J

sooia--.sw

w It

Jvne 17, 2011

MEMORANDUM FOR:

....

D.C. 205J6

US.~11
and Customs
Jnfi>mement

All Picld Ofticc.Directort

All spocail Agmta in Cbarac
All Cbicf Coumc1

PR.OM:

SUBJBCT:

~ ProlDcutwial Dmntian O>mi*Gt with the Civil

Immipti.on P.d:xolmmt Priorities of~ AfP1JCY for the
Appnibmaion, Ddimtion. and 1lemoval of Aliens

. Punio
this memQmDdum pmvidc=s U.S. Jamlipatiou.and Cualoml Eufmomacat (lCB) ptnoQD8l
aaidm on the eun:Ucof)Jl'OICN1Vlial dbcntion to cnm that-the IPDOY immiption
ml>rc.ana ~ m ~cm the~ eo.lxameat priaritim! The,......atdum
allo BYet ID mate elm whidt. apocy emplo~ may a.a. pn>llCUtmial dilCndcn llX1
Wt.t fldorl lbould he CGDlidcnd.
.
.
Tbil mcmoDndwn buiJ4a OD ICV_.i ailtina~ relmd to pm~ diKntioo wi1h .
anphui on the following:

Sml 8-mm. fmmiaratim Ind Natmalmtioo Service (INS) a...! Coumcl, Lopl
Opinim ~ Seni.cc~of'~ Dia:ntimi (July 15, 1976);
Bo Cooper, INS Gmen1 Co'Ulllel, JNS ~of~ Dila1ltim (July 11,

. 2000);
.
.
Doris Mai..nir. INS Cmnmilliooer. BxaciJina Proiecutnial Dj1mtion (NovaDber 17 1
2000);
.
Bo C'.ooptr, INS Oenaral CGume1, MotiOlll to R.eopm for~ of A4jmtmmt
ofStatul (May 17, 2001);
WillimD I. Howazd, PriDci.paJ .Lep1 Ama>r, Pro110CUt.aria1Di1cNtion(Octobs24,

..

2nnc\
.,.,..,,

Jll1ie L..M~. Alliltant Semtary, Prolecutmial and cuitody Dilcretioa (Nowmber 7,

2007);
.
."
"
John Morton, Director, Civil lmmiptiOD ~ Prioritiel fer tho Appnbmlion,
Dtmtioa. mi Removal of Alima (M.m 2011);.aod

Joma Mm1m, Dizector, ProwmOriaJ DilcnltioD: Clrtllin Victiml. W'dnMPll, lad

Plaintifti' (June 17, 2_011)

..

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...

109TH CONGRESS
2D SESSION

H.R.4848

To provide for permanent resident status for any alien orphan physically
present in the U nitcd States who is less than 12 years of age and
to provide for deferred enforced departure 8tatus for any alien physically
present in the United States who is the natural and legal parent of
a child born in the F nitcd States who is less than 18 years of age.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 2006
Mr.

0\VENS

introdueecl the following bill; whieh was referred to the Committee

on the Judiciary

A BILL
To provide for permanent resident status for any alien orphan physically present in the U nite<l States who is
less than 12 years of age and to provide for deferred
enforced departure status for any alien physically present
in the United States who is the natural and legal parent
of a child born in the United States who is less than
18 years of age.

Be it enacted by the Senate and Hoitse

rd' Representa-

2 tives of the United States of America in Congress assembled,

6
1 SEC. 3. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN
2

NATURAL AND LEGAL PARENT OF A CHILD

BORN IN THE UNITED STATES WHO IS LESS

THAN 18 YEARS OF AGE.

(a) DEFERRED ENFORCED DEPARTURE.-

(1) IN GENERAL.-Notwithstanding the lmmi-

gration and Nationality Act, the removal or enforced

departure any alien described in subsection (b) shall

be deferred by the Attorney General <luring any pe-

10

riod in which the alien is the natural and legal par-

11

ent of a child born in the United States who has not

12

attained the age of 18 years, if the alien applies for

13

such deferral.
(2) RELATIONSHIP OF APPLICATION TO CER-

14

15

TAIN

16

States who has been ordered excluded, deported, re-

17

moved, or ordered to depart voluntarily from the

18

United States under any provision of the Imrnigra-

19

tion and Nationality Act may, notwithstanding such

20

order, apply for deferral of enforced departure under

21

paragraph ( 1). Such an alien may not be required,

22

as a condition

23

cation, to file a motion to reopen, reconsider, or va-

24

cate such order. If the Attorney General grants the

25

application, the Attorney General shall cancel the

26

order. If the Attorney General renders a final adHR 4848 IH

ORDERS.-An alien present in the United

011

submitting or granting such appli-

section (a), except where the Attorney General has

rendered a final administrative determination to

deny the application.

(d) AVAIJnilllJ.JITY OF ADl\IINISTHATIVJ<J R:BJVIEW.-

5 The Attorney General shall provide to applicants for de6 ferred enforced departure under subsection (a) the same
7 right to, and procedures for, administrative review as are
8 provided to aliens subject to removal proceedings under
9 section 240 of such Act.
10

(e) WORK AU'l'HORIZATION.-

At~

11

(1) DURING APPLICATION PROCESS.-Thc

12

torney General may authorize an alien who has ap-

13

plied for deferred enforced departure under sub-

14

section (a) to engage in employment in the United

15

States during the pendency of such application and

16

may provide the alien with an "employment author-

17

ized" endorsement or other appropriate document

18

signifying authorization of employment, except that

19

if such application is pending for a period exceeding

20

180 days, and has not been denied, the Attorney

21

General shall authorize such employment.

22

(2) DURING DEFERRED ENFORCED DEP.ARTUim

23

PERIOD.-Thc Attorney General shall authorize an

24

alien who is gTanted deferred enforced departure /

25

under subsection (a) to eng-age in employment in the

oHR 4848 IH

AUTHENTICATED~

U.!i. QOVfRNMENT
l~FOCl!MATION

CPO

113TH CONGH,ESS
hiT SESSION

H R 3431

To amend the Immigration and Nationality Act to promote family unity,

and for other purposes.

IN THE HOUSE OP REPRESEN'rA'l1IVES

OCTOBER

:\fr. O'Romurn (fol' himself and l\Tr.

ao, 2013

introtlucctl the following bill;

whieh was refe1rcd to the Committee on the .Judiciary
PEARCE)

A BILL
To amend the Immigration and Nationality Act to promote
family unity, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3

SECTION 1. SHORT TITLE.

This Act may be cited as the "American Families

5 United Act".
6
7

SEC. 2. FINDINGS.

Congress finds the following:

(1) The rights and interests of U.S. citizens

should be protected by our Nation's immigration

10

laws.

8
1

is deemed to include only the actual period of

incarceration or confinement ordered by a court

of law. The suspension of the imposition or exe-

cution of that imprisonment or sentence in

whole or in part shall not be included as a part

of the sentence for purposes of this Act.''.

(2) EFFECTIVE DATE AND APPLICATION.-'l'he

amendments made by subsection (a) shall take effect

on the date of the enactment of this Act and shall

10

apply to convictions and sentences entered before,

11

on, or after the date of the enactment of this Act.

12 SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO RE-

13

MOVAL, DEPORTATION, INELIGIBILITY OR IN-

14

ADMISSIBILITY OF CITIZEN AND RESIDENT

15

IMMEDIATE FAMILY MEMBERS.

16

(a) APPJ..TCATIONS FOR RE!JIEF FROM REMOVAh-

17 Section 240(c)( 4) of the Immigration and Nationality Act

18 (8 U.S.C. 1229a(c)(4)) is amended by adding at the end

19 the following:
20

"(D) JUDICIAL DISCRETION.-ln the case

\ 21

of an alien sul{ject to removal, deportation, in-

22

eligibility or inadmissibility, the immigration

23

judge may exercise discretion to decline to order

24

the alien removable, dcportable, ineligible or in-

25

admissible from the United States and termi-

HR 3431 ill

10
1

tion 103 of the Trafficking Victims

Protection Act of 2000 (22 U.S.C.

7102); or

"(II)

felony

conviction

de-

scribed in section 10l(a)(43) that

would have been classified as an ag-

gravatcd felony at the time of convic-

tion.

For purposes of this subparagraph, family

10

separation in and of itself shall be deemed

11

to be a hardship and shall be deemed to be

12

against the public interest.".

13

(b) SECRETARY'S DISCRETION.-Section 212 of the

14 Immigration and Nationality Act (8 U.S.C. 1182) is

15 amended by adding at the end the following:

16

18 under section 237 or ineligible under any provision of this

,,

,/

'I

1/

"(u) SECRETARY'S DISCRETION.-ln the case of an

17 alien who is inadmissible under this section or deportable

19 Act, the Secretary of Homeland Security may exercise dis-

20 cretion to waive a ground of ineligibility, inadmissibility

21 or deportability or grant permission to reapply for admis22 sion or any application for immigration benefits if the Sec-

23 retary determines that such ineligibility, removal or

re~

24 fusal of admission is against the public interest or would

25 result in hardship, including family separation, to the

HR 3431 lli

11
1 alien's United States citizen or permanent resident parent,
2 spouse, or child. Por purposes of this subsection, family
3 separation in and of itself shall be deemed to be a hardship

4 and shall be deemed to be against the public interest. 'rhis

5 subsection shall not apply to an alien whom the Secretary

6 determines7

"(l) is inadmissible or deportable under-

"(A) subparagraph (B), (C), (D)(ii), (E),

(H), or (I) of subsection (a)(2);

10

"(B) subsection (a)(3);

11

"(C) subparagraph (A), (C), or (D) of sub-

12

section (a)(lO);

13

"(D)
(2)(1~),

14

paragraph

(2)(A)(ii),

(2)(A)(v),

or (6) of section 237(a); or

"(E) section 240(c)(4)(D)(ii)(II); or

15
16

"(2) has-

17

" (A) engaged in conduct described in para-

18

graph (8) or (9) of section 103 of the Traf-

19

ficking Victims Protection Act of 2000 (22

20

u.s.c.

7102);

21

"(B) a felonv conviction described m sec-

22

tion 101(a)(43) that would have been classified

23

as an aggravated felony at the time of convic-

24

tion;".

HR 3431

. i?J

H.R.4848 - Alien Child Protection and "'----____.-/

Deferred Enforced Departure Family Unity
Act of 2006. 109th Congress (2005-2006)
Introduced in House (03/02/2006)
Alien Child Protection an<l Deferred Enforced Departure Family Unity Act of 2006 - Provides
for the permanent resident status adjustment (nnd stay of removal if applicable) of an alien
orphan who is physically present in the United States and under 12 years old.

Provides for deferred enforced departure (and stay of removal if applicable) of an alien who is
the natural and legal parent of a U.S.-born child under 18 years old.

(
\

H.R.406 -

113th Congress (2013-2014). To

provide discretionary authority to an

immigration judge to determine that an alien
parent of a United States citizen child should
not be ordered removed, deported, or

excluded from the United States.

Summary authorized by Congressional Research Service (CRS). The
Congressional Research Service (CRS) of the. Library of Congress works
exclusively for the United States Congress, providing policy and legal
analysis to committees and

Members of both the House and Senate,

regardless of party affiliation. CRS provides Congress with analysis that

is authoritative, confidential, objec;tive, and non-partisan.

H.R. 406 'Amends the Immigration and Nationality Act, in the case of an
alien subject to removal, deportation, or exclusion and who is the
parent of a U.S. citizen child, to authorize
decline to order such removal if

an

immigration judge to

the judge determines such action to be

against the child's best interests.

States that such discretion shall not apply to an alien when the judge
determines that the alien: (1) is excludable or deportable on security
grounds, or (2) has engaged in sex trafficking or severe forms of

trafficking in persons.

H.R.5747 - To amend section 245(i) of the

Immigration and Nationality Act to extend
the special adjustment of status to certain
aliens currently in the United States who are
married to United States citizens and parents
of a United States citizen child.109th
Congress (2005-2006)

11)

Bill

Summary: H.R.5747 -

109th Congress (2005-2006)

Introduced in House (07/10/2006)

Amends the Immigration and Nationality Act to extend (pennanent resident) adjustment of status
authority for certain aliens physically present in the United States to an alien: ( 1) who is married
to a U.S. citizen and who demonstrates such marital status through a certified copy of the
marriage certificate; (2) who is the biological parent of a U.S. citizen child who was born before
June 1, 2006: and (3) with respect to whom the Secretary determines that it is in such child's best
interest that the alien remain in the United States as a lawful pemianent resident.

~)
,<_..,-

Cancellation of Removal Requirement under Department

of Justice. The prosecution did not mention the provisions
of cancellation of removal for illegal parents of children
less than 21 years
2

Ex. 2

-!--~" ~

OMR#Il25-000 I

U.S. Department of Justice

Executive Office for Immigration Review

...,..-- f'-.'
t---

.-)

!ad'
..

:)_

Application for Cancellation of Removal and Adj

of Status for Certain Nonpennanent Residents

'

ADVICE TO APPLICANT
PLEASE READ CAREFULLY. FEES WILL NOT BE RETURNED.

I.

Aliens Eli~ble for Cancellation of Removal: You may be eligible to have your removal cancelled under
section 240A(b) of the Immigration and Nationality Act (INA). To qualify for this benefit, you must establish in a hearing before an Immigration Judge that:

A.

B.

1.

Prior to the service of the Notice to Appear, you have maintained continuous physical presence
in the United States for ten ( 10) years or more, and you have been a person of good moral character as defined in section 101 (t) of the IN A during such period;

2.

You have not been convicted of an offense covered under sections 2 I 2(a)(2), 237(a)(2), or
237(a)(3) of the INA; and

3.

Your removal would result in exceptional and extremely unusual hardship to your United States
citizen or lawful pennanent resident spouse, parent, or child, and you are deserving of a favorable
exercise of discretion on your application.

1.

You have been battered or subjected to extreme cruelty in the United States by your United States
citizen or lawful pennanent resident spouse or parent, or you are the parent of a child of a United
States citizen or lawful pennanent resident and the child has been battered or subjected to extreme
cruelty in the United States by such citizen or lawful permanent resident parent;

2.

Prior to the service of the Notice to Appear, you have maintained continuous physical presence
in the United States for three (3) years or more and you have been a person of good moral character as defined in section 101 ( f) of the INA during such period;

3.

You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportablc
under section 237(a)(l)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of
an aggravated felony as defined under the INA;

4.

a. Your removal would result in extreme hardship to you or your child who is the child of a United
States citizen or lawful permanent resident; or
b. You are a child whose removal would result in extreme hardship to you or your parent; and

5.
Note:

II.

You are deserving of a favorable exercise of discretion on your application.

If you have served on active duty in the Armed Forces of the United States for at least 24 months,
you do not have to meet the requirements of continuous physical presence in the United States.
You must, however, have been in the United States when you entered the Armed Forces. If you
are no longer in the Armed Forces, you must have been separated under honorable conditions.
Aliens NOT Eligible for Cancellation of Removal: You are not eligible for cancellation of removal under
section 240A(b)(I) of the INA if you:
A.

Entered the United States as a crewman after June 30, I 964;

Fonn EOIR-42B
Revised July 2014

"

USCIS Ombudsman Observation.

The United States Citizenship and Immigration Service (USCIS)

Ombudsman has laid complaints of lack of transparency and
inconsistencies among agencies of staff in the implementation of
the deferred action request. The Ombudsman reported
stakeholders lack clear, consistent information regarding
requirements for submitting a deferred action request and what
to expect following submission of the request. The USCIS
Ombudsman further stated there is no formal national procedure
for handling deferred action requests.

Ex. 3

;r-3~

E~ s,

Citizenship and hnn1igration Services 01nbuds111an

DEFERRED ACTION:
RECOMMENDATIONS TO IMPROVE TRANSPARENCY AND
CONSISTENCY IN THE USCIS PROCESS
July 11, 2011
Transparency and consistency are the primary objectives of these
recommendations. The Federal Government, including the
Department of Homeland Security, has, in recent years, steadily
made efforts to provide more information to the public, and to
enhance the efficient administration of government services.
Here, U.S. Citizenship and Immigration Services (USCIS) is
encouraged to carry these objectives into the administration of
deferred action requests.
These recommendations focus on how USCIS processes deferred
action requests and the steps that can be taken to ensure that an
individual in compelling circumstances, whether or not
represented, knows how to submit a deferred action request,
receives a decision in a timely manner, and can be assured that
the request will be processed in a consistent manner.
The recommendations do not delve into who should receive
deferred action. Every day, USCIS officers and leadership apply
their expertise and experience to make decisions that impact
both individual lives and the public as a whole. As past
administrations have acknowledged, along with this authority
comes the responsibility to appropriately exercise discretion
when compelling needs arise.
Above all, these recommendations are about good government.
Building accessible, uniform, and transparent processes is critical
to effective government services. In fact, these
recommendations echo recommendations that this office made
in 2 0 0 7. While deferred action requests are a minute fraction of
the millions of decisions users makes every year, they warrant
the same transparency and consistency that the Federal
Government strives for across the board.

RECOMMENDATIONS
The Ombudsman recommends that USCIS:
1.

Issue public information describing deferred action and

the procedures for making a request for this temporary
form of relief with USCIS;

2.

Establish internal procedures for accepting and

processing deferred action requests in order to promote
consistency and assist local offices in responding to
urgent, periodic increases in the demand for deferred
action;

3.

Inventory all pending deferred action requests to verify

that each request received a confirmation of receipt with
estimated processing timeframes and users contact
information; and

4.

Consistently track data related to deferred action requests

and make available statistics identifying the number of
requests received and the numbers of requests approved
and denied.

REASONS FOR THE RECOMMENDATIONS

informatio:~e'iding

Stakeholders lack clear, consistent

requirements for submitting a deferred action requ~st
and what to expect following submission of the req~est.

\)

There is no formal national procedure for handling

deferred action requests .
. -~-

Most Sincerely,

January Contreras
Citizenship and Immigration Services
Ombudsman

-'

en expene cing a change in the type or number of

submissions, local users offices often lack the necessary
standardized process to handle such requests in a timely
and consistent manner. As a result, many offices permit
deferred action requests to remain pending for extended
periods.

Stakeholders lack information regarding the number and

nature of deferred action requests submitted each year;
and they are not provided with any information on the
number of cases approved and denied, or the reasons
underlying users' decisions.

Homeland
Security
AILA InfoNet Doc. No. 11071131.

Office of the C1ti1emhip ,ind Jmmigrution Services Omhvdsman

IJ .S. Dtpamnrnt of Homeland

Mail Stop l ns
\V!d1inLJlon, DC l_liS/8

i.yww Jhs ,90~ I ClSLllll buJ>.n1i1n

(Posted 7/11/11)

and hn1ni ration Services Ombuds1nan

DEFERRED ACTION:
RECOMMENDATIONS TO IMPROVE TRANSPARENCY AND
CONSISTENCY IN THE USCIS PROCESS
July 11, 2011
The Citizenship and Immigration Services Ombudsman, established by the Homeland Security Act of 2002, provides
independent analysis ofproblems encountered by individuals and employers interacting with U.S. Citizenship and
Immigration Services, and proposes changes to mitigate those problems.

Executive Summary
For decades the U.S. Immigration and Naturalization Service (INS), followed by the Department of Homeland
Security (DHS), has used deferred action to provide limited relief to foreign nationals who do not qualify for
other immigration benefits that are typically available to individuals in exigent circumstances. 1 Upon creation
of the DHS in 2003, the power to grant deferred action was formally delegated to U.S. Citizenship and
Immigration Services (USCIS), as well as U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs
and Border Protection (CBP). 2
When accorded deferred action, an individual is able to remain, temporarily, in the United States: USCIS
declines to exercise its authority to issue a Notice to Appear and does not place the individual in removal
proceedings. USCIS has granted deferred action to individuals suffering serious medical conditions and to
persons temporarily prevented from returning to their home country due to a natural disaster, among others.
The employment authorization regulations briefly describe this form of administrative relief, classifying
deferred action as, "an act of administrative convenience to the government which gives some cases lower
. .
,,3
pnonty.
Over the past year, stakeholders have expressed concerns to the Office of the Citizenship and Immigration
Services Ombudsman (Ombudsman's Office) regarding lon~ pending deferred action requests submitted by
Haitian nationals following the earthquake in January 2010. These Haiti-related concerns led to broader
conversations among stakeholders about the way USCIS processes deferred action requests at local offices.
Based on an analysis of USCIS' handling of deferred action requests, the Ombudsman's Office has made the
fol~~ findings:
..........

l
1

Stakeholders lack clear, consistent information regarding requirements for submitting a deferred action
request and what to expect following submission of the request.
There is no formal national procedure for handling deferred action requests.
Accordingly, it is difficult to track deferred action processing, in order to determine who receives
Lerred action, and under what circumstances.

INS Commissioner Doris Meissner, Exercising Prosecutorial Discretion, HQOPP 50/4 (Nov. 17, 2000).
Homeland Security Act of2002, Pub. L. No. 107-296, 442(c), 116 Stat. 2135, 2194 (2002); Department of Homeland Security
(DHS) Secretary Tom Ridge, Delegation to the Bureau of Citizenship and Immigration Services (Mar. 1, 2003) (delegating authority
to grant voluntary departure under section 240B of the INA 8 U.S.C. 1229c, and deferred action); See U.S. Department of Justice,
Immigration Naturalization Service Fact Sheet, Prosecutorial Discretion Guidelines (Nov. 28, 2000).
3
8 C.F.R. 274a.12(c)(l4) (2011).
4
Information provided by stakeholders (Mar. 28 and 29, 2011).
AILA InfoNet Doc. No. 11071131. (Posted 7/11/11)
2

(
Citizenship ond Immigratrnn Services Ombudsman

f{ccommendation

to

~le D

\
ctor

o~ S

\.,~,~____-//

When experiencing a change in the type or number of submissions, local USCIS offices often lack the
necessary standardized process to handle such requests in a timely and consistent manner. As a result,
many offices permit deferred action requests to remain pending for extended periods.

Stakeholders lack information regarding the number and nature of deferred action requests submitted
each year; and they are not provided with any information on the number of cases approved and denied,
or the reasons underlying USCIS' decisions.

In response to its findings, the Ombudsman's Office recommends that USCIS take the following actions to
improve the processing of requests for deferred action:
1) Issue public information describing deferred action and the procedures for making a request for
this temporary form of relief with USCIS;
2) Establish internal procedures for accepting and processing deferred action requests in order to
promote consistency and assist local offices in responding to urgent, periodic increases in the
demand for deferred action;
3) Inventory all pending deferred action requests to verify that each request received a confirmation
of receipt with estimated processing timeframes and USCIS contact information; and
4) Consistently track data related to deferred action requests and make available statistics
identifying the number of requests received and the numbers of requests approved and denied.

BACKGROUND
A grant of deferred action indicates that the government has, temporarily, declined to exercise its authority to
remove a particular individual from the United States. As such, the named individual may remain,
provisionally, in the United States. Deferred action is a form of relief that is typically granted to individuals
whose cases raise compelling humanitarian concerns and to individuals whose removal is not in the best
interests of the U.S. government. It does not provide a pathway to permanent residency.
Factors considered for this form of relief include: humanitarian issues, the likelihood of eligibility to gain legal
status, family ties to the United States, criminal history, and immigration concerns. 5 USCIS has granted
deferred action to individuals suffering from serious medical conditions and to those temporarily prevented
from returning to their home country due to a natural disaster, among others.
While ICE and CBP also are provided with authority to grant deferred action, this review focuses solely on
USCIS' communication about and processing of deferred action.
Legal Framework. For decades INS, followed by DHS, has used deferred action to provide limited relief to
foreign nationals who do not qualify for other immigration benefits that are typically available to individuals in
5

Meissner Memo, HQOPP 5014 (Nov. 17, 2000) (the memorandum provides a more comprehensive list). USCIS reported that the
Meissner memo is used as informal guidance for local offices reviewing a deferred action request. (Apr. 15, 2011). See also Standard
Operating Procedures for Enforcement Officers: Arrest, Detention, Processing, and Removal (Standard Operating Procedures), Part
X.; Deferred action is "an act of administrative choice to give some cases lower priority and in no way an entitlement... " former 0.1.
242.l(a)(22) (withdrawn June 24, 1997).

2
AILA InfoNet Doc. No. 11071131.

(Posted 7/11/11)

Citizenship ond Immigration Services OmbuJsm@

I<ccomrncndmion

to !

exigent circumstances. 6 However, prior to 2000, neither the legacy INS, nor its predecessor agency had
7
published any significant guidance regarding the use of this power.
On November 17, 2000, INS Commissioner Doris Meissner issued a memorandum entitled, "Exercising
Prosecutorial Discretion. 8" That memo set forth guidance on the exercise of prosecutorial discretion by
immigration officials and described the process to be followed in making and monitoring discretionary
decisions. The memo states:
The favorable exercise of prosecutorial discretion means a discretionary decision not to assert the
full scope of the INS enforcement authority as permitted under the law. Such decisions will take
different forms, depending on the status of a particular matter, but include decisions such as not
issuing an [Notice to Appear] ... detaining an alien placed in proceedings and approving deferred
action. 9
In 2003, Secretary of DHS Tom Ridge formally delegated to USCIS the authority to grant deferred action. 10
USCIS continues to rely on the Meissner memo as guidance on exercising this and other forms of discretionary
authority. 11
Methodology. In preparing this review, the Ombudsman's Office met with stakeholders. To determine the
USCIS deferred action process, the Ombudsman's Office also conducted meetings and conference calls with
local and regional USCIS offices 12 and requested statistical data from USCIS Headquarters regarding deferred
actio.u requests. 13
' Individual Deferred Action Requests and USCIS Processing. USCIS processes two types of deferred action
requests: 1) those submitted by individuals who qualify based on a USCIS decision to use deferred action as a
pre-adjudication form of temporary relief for those who have filed certain petitions or applications (e.g., widows
of U.S. citizens, qualified victims of a crime or abuse); and 2) those submitted by individuals in exigent
circumstances (e.g., extreme medical cases, victims of the September 11th terrorist attacks), who may, or may
not, have an application for immigration benefits pending. 14 This study examines only USC IS processing of the
\latte_r.JYJre of request.
~/

Currently, there are no official, national standard operating procedures for how to process a deferred action
request. Nevertheless, most USCIS offices follow some sort of informal, standard process, rather than
proceeding in an ad hoc fashion. 15 Typically, an individual can submit a deferred action request in-person, or

Supra n. 2.
Meissner Memo, HQOPP 50/4 (Nov. 17, 2000).
s Id.
9
Id.
10
Secretary DHS Tom Ridge, Delegation to the Bureau of Citizenship and Immigration Services (Mar. 1, 2003).
11
Information provided by USCIS (Mar. 30, 2011; Apr. 15, 2011 ).
12
Information provided by USCIS (Mar. 29, 30, Apr. 19 and 20, 2011).
13
The Ombudsman's Office received basic submission statistics, but the information was incomplete, providing information on grants
ofrequests but not the actual submission and denial numbers. Information provided by USCIS (Apr. 15, 2011).
14
USCIS memorandum from William Yates, Assessment ofDeferred Action in Requests/or Interim Retie/from U Nonimmigrant
Status Eligible Aliens in Removal Proceedings, HQOPRD 7016.2 (May 6, 2004); USCIS memorandum from Stuart Anderson,
Deferred Action for Aliens with Bona Fide Applications for T Nonimmigrant Status, HQADN 7016.2 (May 8, 2002).
15
Information provided by site visits and teleconference calls with USCIS district offices. (Mar. 29, 2011; Apr. 19 and 20, 2011 ). The
North Eastern Regional Office has an SOP that went into effect on February 17, 2011. Other local offices have guidelines on how to
review a deferred action request.
7

3
AILA InfoNet Doc. No. 11071131.

(Posted 7/11/11)

Citizenship Wld !mm1grat1011 Services Ombudsmrm

Eecommendotion t

by mail, to a local users office. 16 users does not have a nationwide process for acknowledgin the rece'
deferred action requests, but many USCIS offices have implemented a local method for logging suo s10ns
and acknowledging their receipt. Other offices do not issue a written acknowledgement of receipt for deferred
action requests.
Normally, a deferred action request is reviewed at the local office. A summary sheet explaining the positive
17
and negative equities associated with the deferred action request is completed. The district director reviews
the summary and makes a recommendation. That recommendation is forwarded to the regional director. The
regional director issues a decision on the recommendation and returns the final decision to the district director
so that he/she may deliver it to the requestor. 18 Deferred action requests are not filed on a standardized
application form and no fee is collected to defray the costs associated with processing deferred action requests.
Once granted deferred action, the requestor is eligible to apply for employment authorization. 19 When USCrS
does grant deferred action, it is usually valid for one to two years. 20

Local Offices Responding to Increases in Deferred Action Submissions. The number of deferred action
requests received by local offices can vary greatly. 21 Certain local offices have evolved new processes when
22
experiencing a rise in submissions. Nevertheless, there is no mechanism to hold local offices accountable for
issuing decisions within a certain timeframe, and users did not report any coordinated efforts across districts
to share locally developed solutions for managing a significant deferred action workload.
Recently, USCrS Headquarters began tracking deferred action requests. USCIS Headquarters has instructed
district directors to send data on deferred action decisions to the National Benefits Center for tracking. 23 In
addition, users devised a template acknowledgement letter for local offices to issue in response to requests for
deferred action. However, not all local offices use the template letter. 24 Stakeholders have reported that some
local offices do not issue any type of written acknowledgement that a deferred action request has been received.
Furthennore, the template letter includes a statement that the applicant will receive a response to the request
within 60 days. Stakeholders and users officials report that many cases remain pending without a decision
well beyond 60 days. 25

Prior Ombudsman's Office Recommendations. On April 9, 2007, the Ombudsman's Office published
recommendations on deferred action. 26 The recommendations were: 1) post general information on the users
website; 2) maintain deferred action statistics; and 3) designate a USCIS Headquarters official to review
decisions to help ensure consistency in decision making.

16

Information provided by users site visit (Mar. 29, 2011).

Form G-312, Deferred Action Case Summary, outlines the individual's biographical information, familial history, grounds of
inadmissibility and deportability and physical and mental conditions requiring treatment in the United States.
18
Information provided by USeIS (Mar. 29, 2011 and Apr. 15, 2011).
19
8 e.F.R. 274a.12(c)(l4) (2011).
20
Information provided by USeIS (Mar. 30, 2011).
21
Information provided by USeIS (Mar. 29, 2011; Apr. 15, 19 and 20, 2011).
22 Id.
23
Information provided by users site visit (Mar. 29 and 30, 2011 ).
24
Field offices report issuing decisions from a time range of two weeks to indefinitely pending. Information provided by USeIS
(Mar. 29, 2011) and stakeholders (Mar. 28, 2011).
25
Information provided by USeIS teleconference calls and site visits (Mar. 29-30 and Apr. 19-20, 2011 ).
26
eIS Ombudsman Recommendation #32, Deferred Action (Apr. 9, 2007).
17

4
AILA InfoNet Doc. No. 11071131.

(Posted 7/11/11)

Complainants Affidavits stating they needed deferred

action work permit. No green card is mentioned. What we
agreed to pursue for them is work permit at the USCIS
under the Department of Homeland Security, though
parents of us citizen less than 21 may be entitled to
cancellation of removal in immigration court which is under
the Department of Homeland Security. Many parents
scared to go to court because of fear of deportation.

Ex. 4

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000034

Good faith Argument and Disclosures submitted with

along with the government memos to argue for approval.

,Ex. 5

t~(
~

()

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE

----------------------------------------------------------------------------------><
1-765
APPLICATION OF
A PARENT OF US CITIZEN

FOR DICRETIONARY GRANT OF PAROLE-BASED OR DEFERRED ACTION WORK PERMIT

AND PROMOTION OF FAMILY UNITY
The immigrant is the parent of a US Citizen Child responsible for the care and
maintenance of the child. There is a U.S. Supreme Court's opinion that parents have a
fundamental and constitutional right to direct the upbringing and education of their
children giving them up responsibility to work to meet this challenge.
The applicant who is a parent of US Citizen Child may be entitled to paroled based work
permit because there are emergent reasons to continue to care for the US Citizen Child
and the United States governments have vested public interest in the development of
US born children.
Pursuant to congressional acts, federal policies, several court decisions, regulations and
headquarters memos including but not limited to provisions of Work, Opportunity, and
Responsibility for Kids Act of 2002 (WORK Act of 2002), Temporary Assistance for Needy
Families) (TANF) of title IV of the Social Security Act (SSA), Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (PRWORA) and Social Security Act (SSA}
among others, , the applicant is believed entitled discretionary grant of work
authorization
The applicant respectfully and humbly requests the discretionary grant of work permit
on parole or deferred action.
Dated:
Owolabi Salis
Salis Law PC
1179 Eastern Parkway
Brooklyn, NY 11213
212-655-5749

09/25/2014

JN THE MA'ITBR OF IMMlQ:RATIPN AND NATURALIZATION ACT

UNITED STATES CrrIZBNSHlP AND IMMIORJ\TION SERVICE
-~~~~~~~~~~~~~~-X

ALIEN PARENT OF US drrimN CHilD PB1TI10N

FOR IWMANITAPJAN GRANT of.:oBFERRBo ACTION AND WORK PERMIT

1-360 PEmlON FQRl)JSG.RETIONA,RY GRANT OF DEFERRBD AcnoN

~~~~~~~----~~~~~~~x.

HUMANlTARJAN R:BQ~T Pott oi'sCR.EnoNARY

WORK PBRMIT BY A PA.RBNT Q:lJ'S=qnzEN

oRANl'

oF DEFERRED

Acno1'r AND

COMBS NOW, the above alien through his aUomey, Owolabi Salis Esq., proscnts the following

Statement In support of this petition by a parent of US Citizen for a humanitarian request for discretionary
graiJt of defened icticin and for work pennit. This request is being made to enable the petitioner to
continue to reader support for a US Citizen Child of wbioh tho United States govenunents have vested
rights. The petitioner rcspoodWly requosts the favorable application of the law in his behalf by the
Secretary of tho Deplrtmc:ittt(>fffomeland Security.
.

..

.... .

.. .

..

. . . .

. .

. ...

. . ... .

...

ronrt 1: 1BE P~Q~JS:APAJW'fl'OF VS Cll'IZEN

Pursuant to the birth certiflcate submitted with this petition, the peUtloner Is a parent of a US Citizen

saddled with the responsJblllty of maintaining the US Otlzen Child. Various United States governments
have commanding rights over the United States bom chlfd. The parent Is saddled with the responsfbllfty
for the care and upkeep of the chlld falllnl which the parent could be det)rlved.
According to the parent affidavit on ftle,, since the birth of the US Citizen Chlld; the petitioning parent
has been experlendns physlcal and mental dfstress occasioned by the responsibilities for the care and
upkeep of the US Otlzen Child.

POINT ll: PETITIONER HAS BEEN Pil'YSICALLY PR.F.800 IN THE US FORMOU THAN
3 YEARS PRIOR TO THE DATE OF PETrnON.

....

The_. annficint h8.S been )h,;.._..... m.,da .YL.:....;a S'-'-- for. . . than 3: .. . and sin<:e ... aJ in th
...0 u~=. .
"'""
. . .
.
. UYAM&
.
e UllllGU . _ more
years
mtV
....."""'
Swea has not letHhe COUDilY.~

POINT DI: P.ETJ.n<)~:JS APEBsoN.OP GOOD MORAL ciu.RACTER

Tho pctitKJaoi" is a JJQ'ifOO of good moral character. He hu llQ iuiaal :record. The ~-llJI uot been
c:OnviCtcd of mi~. covered UDdor scct1ons i12(aX2), 23.7(a)(2), or 237(Xl) otdlo INA; ~
ped1io1111r is not inadmissible liDd ~ Zl~(a)(2) ()i' ~l2(a,)(3) oftlie INA, ind nbt ~le under
section 237(aXIXG) or sections 237(a)(2){4) of the JNA, .1he potitionor bis a<>t ~ c0nvfotcc1 of ao
agsmvuted felony as defmed under tho INA;

POINT IV; DEPORTATION OF PET1110NER WILL RESULT IN EXCEPTIONAL Al'O>

EXTREMELY UNUSUAL BARDBBIP

0000338

CO C98

c;;-~ -0

09/25/2014

As oan be found in tbe attaclsed affidavit of hardship and other S\lpporling docwncnts, the petitioner and
cbiJd will suffer exceptional and:.oxttemely unusual hardship if deported from the country. Since the birth
of Che US child, tbo pOtttioQor bas boco saddlod with additional ~niibillti~ tow~ tho ehild
inomdlng meeting the ~~ll:ll ~~ of the chlld, day-to-day care of the child, feeding and
rcsponst'biliti~ avoidance of dinger to the; child, housing and emotional development. These
increased responsibilities have pla~ the petition~ in severe emotional distress and extneme hardship
including loss of personal freedom, steeplesmiess, fIDanCl81 d.amage, fear of UTC$t by vari9~ child

health

protection agenoios and ~pta'd~ 10 cornmitcrim~ and suioi4o iD ord to moot thoso '"'8pomibilities.

POINT V; THE PETlTION.tRJS QUERVJNG PAVORABLE EXERCISE OF DIBCRtnoN

The petitiooer is a person of strong monll growid and. a long term resident of the United States attiuii!d to
the culture warranting a consideration of tho. exercise of the government favorable discretion.

PQJNTVI: PE11TION'Ja18 Al>Mt8$0iU:.

The applicant~~ Uni.fcicl States as acrewman after Jwo 30, 1964 and is neither a nonimmignmt
oxchaQ&e aJlen as defined in scctionlOl(aXlS)(J) of the INA in order to receive graduate medical
edu.~ or ~ regardless of whether applicant is subject to or have flllfilled the 2-year foreign
rcsidorico requinmi- of:~~ 212(e)
l}'.JA but have llbither fulfilled nor obtained a waiver of that
~mt;

ot:

The applicant is nc>t ~j8"tto deportation under former section 24l(a)(4)(D) of the INA,~ an:alien Who
assistod in Nazi~ or. engaged In genocide and is not cuamdy In removal proceedings.

RELiEJ' SOUGJl't
GRANT OF DEFERRED ACTION AND WORK PERMIT
Tho petitioner hwubly end ~ Ia xcking discrctiooary p t of~fen'cd action and work permJt

to enable the petitioner to continue,tp perform the ~ibl6. i:t)lel ()h putrtt.

Owolabi Salis

Salls Law P.C.

42 Broadway Suite 1133
New Yott, NY 10004
2l2-6SS-S149

0000339

co

099

IN THE MATIER OF IMMIGRATION AND NATURALIZATION ACT

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICE

-----------------------------------------------------------------------)(

ALIEN PARENT OF US CITIZEN CIIlLD PETITION

FOR HUMANITARIAN GRANT OF DEFERRED ACTION AND WORK
PERMIT
MEMORANDUM OF LAW

1-360 PETITION FOR DISCRETIONARY GRANT OF DEFERRED ACTION

-------------------------------------------------------------------------X
HUMANITARIAN

REQUEST

FOR

DISCRETIONARY

GRANT

OF

DEFERRED ACTION AND WORK PERMIT BY A PARENT OF US CITIZEN

COMES NOW, the above alien through his attorney, Owolabi Salis Esq., presents
the following statement in support of this petition by a parent of US Citizen for a
humanitarian request for discretionary grant of deferred action and for work
permit. This request is being made to enable the petitioner to continue to render
support for a US Citizen Child of which the United States governments have
vested rights. The petitioner respectfully requests the favorable application of the
law in his behalf by the Secretary of the Department of Homeland Security.

POINT 1: THE PETITIONER IS A PARENT OF US CITIZEN

t~

Pursuant to the birth certificate submitted with this petition, the

petitio~b- --~

is a parent of a US Citizen saddled with the responsibility of maintaining the

US Citizen Child. Various United States governments have commanding
rights over the United States born child. The parent is saddled with the
responsibility for the care and upkeep of the child failing which the parent

could be deprived.
According to the parent affidavit on file, since the birth of the US Citizen
Child, the petitioning parent has been experiencing physical and mental

distress occasioned by the responsibilities for the care and upkeep of the US
Citizen Child.

POINT II: PETITIONER HAS BEEN PHYSICALLY PRESENT IN THE US

FOR MORE THAN 3 YEARS PRIOR TO THE DATE OF PETITION.

The applicant has been living in the United States for more than 3 years and since

arrival in the United States has not left the country.

POINT

III:

CHARACTER

PETITIONER

IS

PERSON

OF

GOOD

MORAL

The petitioner is a person of good moral character. He has no criminal record. The
petitioner has not been convicted of an offense covered under sections 212(a)(2),
237(a)(2}, or 237(a)(3) of the INA; the petitioner is not inadmissible under sections
212(a)(2) or 212(a)(3) of the INA, and not deportable under section 237(a)(l)(G)
or sections 237(a)(2)-(4) of the INA, the petitioner has not been convicted of an
aggravated felony as defined under the INA;

POINT IV: DEPORTATION OF PETITIONER WILL RESULT IN

EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP

As can be found in the attached affidavit of hardship and other supporting

documents, the petitioner and child will suffer exceptional and extremely unusual
hardship if deported from the country. Since the birth of the US child, the
petitioner has been saddled with additional responsibilities towards the child
including meeting the educational requirements of the child, day-to-day care of the
child, feeding and health responsibilities, avoidance of danger to the child, housing
and emotional development. These increased responsibilities have placed the
petitioner in severe emotional distress and extreme hardship including loss of
personal freedom, sleeplessness, financial damage, fear of arrest by various child

--------~-------------------------

/<)~)

protection agencies and temptations to commit crimes and suicide in order to

~1_: _ ~

these responsibilities.

POINT V: THE PETITIONER IS DESERVING FAVORABLE EXERCISE

OF DISCRETION

The petitioner is a person of strong moral ground and a long term resident of the
United States attuned to the culture warranting a consideration of the exercise of
the government favorable discretion.

POINT VI: PETITIONER IS ADMISSIBLE

The applicant did not enter United States as a crewman after June 30, 1964 and is
neither a nonimmigrant exchange alien as defined in section10l(a)(15)(J) of the
INA in order to receive graduate medical education or training, regardless of
whether applicant is subject to or have fulfilled the 2-year foreign residence
requirement of section 212(e) of the INA but have neither fulfilled nor obtained a
waiver of that requirement;

.
Tue applicant is not subject to deportation under former section 241(a)(4)(D)

-~2~
(J~/

of~

INA, as an alien who assisted in Nazi persecution or engaged in genocide and is

not currently in removal proceedings.

RELIEF SOUGHT
GRANT OF DEFERRED ACTION AND WORK PERMIT

The petitioner humbly and respectfully is seeking discretionary grant of deferred

action and work permit to enable the petitioner to continue to perform the
responsible roles of a parent.

Respectfully submitted.

Dated:

Owolabi Salis

Salis Law P.C.

42 Broadway Suite 1133
New York, NY 10004

212-655-5749

Administrative Request

For Attention .of Sup~rvisor

The applicant is a parent of US Citizen Child applying for

administrative relief for grant of work permit only to

enable support for a US citize~ child. The applicant is

currently custodial domestic se~t parent responsible for
the nursing, domestication and servicing of the child.

There are emergent reasons to ci>ntinue to care for the US

Citizen Child and the United . States governments have

vested public interest in the development of US born

children.
Respectfully submitted.
.

Thank you.
Salis Law P.C.

.Flag

Request for Discretionary

Or
Administrative Relief

For

Parent of US Citizen

Over \o yrs in.the US

Request Needed: Work Permit

to support US Born Child

Explanatory Flag
Request for DEFERRED ACTION AND WORK ~ERMIT
'

Attention: SUPERVISOR

1. The petitioner came to the United: States

several years ago and since arrival has not left
;
the United States.
2.An affidavit is submitted in support : of the
petition which is attached.
3. The petitioner is a person of good moral
character
4. The petitioner is requesting to be pl,ced on
DEFERRED ACTION and is applying for WORK

PERMIT

to. enable further contribution to the

United States.
5. Pursuant to USCIS memo, Deferred Aqion can
be applied for using form 1-360

6. The petition and application are brought

pursuant to the attached USCIS undated memo.
1

Attention:

Humanitarian Section

( .s9

~~

Attention Supervisor ~

Th.is is a request for

...

' .., .

administrative and
discretionary.
relief
and
.
work permit.

. ,

Humbly and
respectfully submitted.
God bless .
..

{L/7)
Humbly and Respectful Disclosure

".

..

This application is submitted for administrative relief for a

Parent of a US Citizen because there are emergent reasons to
continue to care for the US Citizen Child and the United
States governments have yested public interest in the
development of US born children.

The applicant desires work permit only using the C09 code

Further submission attached

Respectfully submitted.

Salis Law P.C.

1179 Eastern Parkway 1st Floor
Brooklyn, NY 11213
2126555749

I ,~

09/25/2014

DISCLOSURE

THIS

1-485

APPLICATION

IS

SUBMITTED FOR WORK PERMIT

ONLY.

WORK

PERMIT

IS

REQUESTED

BASED ON REQUEST FOR DEFERRED

ACTION FILED ON FORM 1-360.

THANKS

ca
0001231

c.10 _

Sample 1-360 Form used for the petition. The statement of

indictment did not mention section m and tried to paint as
fraud page 4 which were filled for some parents to explain
custody information only that is "how long the child lives
with the parent" and the "address where they live
together". The page 4 was not filled for some parents and
still approved for work permit and was not filled for
non-parents which makes it immaterial for the approval but
the prosecution continue to paint it as fraud without
explaining whether it is fraud for non-parents which we did
not filled for.

e Ex. 6

~}i)
era~,

OMBNo. 16150020;E<p;,03/3

1-360, Petition for A

Widow(er), or Special I

Department of Homeland Security

U.S. Citizenship and Immigration Services

START HERE-Type or print in black ink

Part 1. Information About Person or Organization Filing This
Petition (Individuals use the top name line; organizations use the second

Returned

line.) If you are a self-petitioning spouse or child and do not want USCIS to
send notices about this petition to your home, you may show an alternate
mailing address here. If you are filing for yourself and do not want to use an
alternate mailim1: address skio to Part 2.
1b. Given Name
Ia. Family Name
le. Middle Name

Resubmitted

./

. rant

For USCIS Use Only

Receipt

Reloc Sent

2. Company or Organization Name

3. Address - C/O

Reloc Rec'd

4. Street Number and Name

5. Apt. Number

D Petitioner/
6. City

Applicant

7. State or Province

8. Country

D Interviewed

9. Zip/Postal Code
12. IRS Tax No. (if any)

10. U.S. Social Security Number 11. A-Number

Beneficiary
Interviewed

D
D

I-485 Filed Concurrently

Bene "A" File Reviewed

Classification
Consulate

Part 2. Classification Requested (Check one):

D
D
D
D

b. Widow( er) of a U.S. citizen

d. Special Immigrant Religious Worker

Yes

No

Action Block

e. Special Immigrant based on employment with the Panama Canal Company,

Canal Zone Government, or U.S. Government in the Canal Zone

D r.
D g.
0 h.
D i.
D j.

Remarks:

c. Special Immigrant Juvenile

Will the alien be working as a minister?

Priority Date

a. Amerasian

Special Immigrant Physician

Special Immigrant International Organization Employee or family member
Special Immigrant Anned Forces Member
Self-Petitioning Spouse of Abusive U.S. Citizen or Lawful Permanent Resident
Self-Petitioning Child of Abusive U.S. Citizen or Lawful Permanent Resident

k. Special Immigrant Afghanistan or Iraq National who worked with the U.S.
Armed Forces as a translator

To Be Completed By
Attorney or Representative, if any
Fill in box if Form G-28 is attached to
represent the applicant

VOLAG Number

Y State License Number

Form 1-360 (03/05/13) N

Gs l~~/\lFJrGfVJP~~

Part 7. Complete Only if Filing as a Widow/Widower, S If-petitioning Spouse of an

or as a Self-petitioning Child of an Abuser
vt
aj

buser,

Section A. Information about the U.S. citizen husband or wife who died or a
ermanent resident abuser
Ia. Family Name
I b. Given Name

or lawful

2. Date ofBirth (mmldd!yyyy) 3. Country ofBirth

,b

Ct_ '--l

le. Middle Name

4. Date of Death (mmlddlyyyy)

~q

5. dtJ'>r she is now, or was, at time of death a (check one):

;!A, a. U.S. citizen born in the United States

0 b. U.S. citizen born abroad to U.S. citizen parents
0 c. U.S. lawful permanent resident (Provide A#)
0 d. U.S. citizen through naturalization (Provide A#)
0 e. Other, explain
Section B. Additional information about you
1. How many times have you
been married?

2. How many times was the

person in Section A married?

3. Give the date and place where you and the person in Section A
were married. (Ifyou are a self-petitioning child, write "NIA")

tJ/v:t
5. If you are filing as a widow/widower, were you legally separated at the
time of the U.S. citizen's death?

No

Yes (Attach explanation)

6. Give the last address at which you lived together with the person named in Section A, and show the last date that you lived
together with that person at that ad ress:

7. If you are filing as a self-petitioning spouse, have any of your children

filed separate self-petitions?

11111111111111111111111111111110

No

Yes (Show child(ren)'sfull names):

Form 1-360 (03/05113) N Page 4

'(~.TTJ
v ( .

09/25/2014

OMB No.

\_1~0020

1-360, Petition for Amer~n;

Widow(er), or Special lmmigl'ant

1Jep111111cn1 of Homcl1nd Stturify

U.S. Citiunship and lmmlgralion Scntices

START HERE - Type or print In black Ink

Part 1. lnfonnatioa About Person or Organization Filing This
Petition {Individuals use the top name line: organizations use the second

For l.JSCIS Use Only

Retelpl

Returned

line.) Jfyou are a sclfpetltlonlng spouse or Child and do not want users to

send notices about this petltlon to your home, you may show an alternate
malling addrc$S here. If )'OU 8I'C filing for )'Our.self and do not Want to USC an
alternate muilin11 uudn."li!S. liklo to Pan 2.

ta. Family Name

lb. Given Name

JASON

WILLIAMS

Rcsubmi1tc<I

te. Middle Name

I..5l\O'l'

Reloo Soni

2. Company or Orgonit.111lon Natnc

SALIS L1\W PC

.l. Address-Clo

4. Street Number and Name

S.Apl. #

42 BROADWAY SUITE 1133

0
7. State or Province

6. City
NtW YORI<

NEW YORK

8.Country

9. Zipl'Pos1al Code
10004

USA

ll.

to. U.S. Social Security Nunibtt 11. A-Number

ms Tax /1

Petitioner/

Applicant

Interviewed
Boneficiary
fn<etViowcd

jgJ 1-485 Plied Concurrently

0
(if any)

Bcru: "N File RcvicWl.-d

Clll.'lsl!icatioo

Coosulnte

Part 2. Classification RC<(nested (Check one):

a. Amerasian

0
O

b. Widow(er) of a U.S. citizi:n

c. Special Immigrant Juvenile

d. Special Immigrant Religious Worker

e. Speial Jmm'Thranl bused on employment with the Panama Canal Comp1111y,

:" C"~ Zt>ne~vcmmcni. or U.S. Oovcmmcnt in the Canal Zone

Priority Date

Will the alien be working as a minl!let'l

~ ~

[J f."

'

Yes

0 No

sp81ia1 lm~pnt Physician

QV& sp@al lrnm'~nl In1ematio11al Organization Employee or family 111oembor

CJ. 11..

Sp&f'ral lm~irtnt Armed Forces Member

D~' :Seffledtlonl~g Spouse or Abusive U.S. Citlunor Lawful Pennanent Resident

:. .

,.,

J~e11Clletilioni$ Child of Abusive U.S. Citizen or Lawful Permanent Resident

k. "Spc..'Ul"i! Jmmi;iant Afghanistan or Iraq National who worked with the U.S.
Armed Forces as a tranalmor

L Special Immigrant Iraq National who was employed by or on behalf of the

U.S. Government

(.'

Te De Completed By

liJ AtlofMJI or R1pH1entati1>r, lfaay

Fill in box if Ponn 0-28 is attached lo

represent the appllc:ant

VO LAG#

ATTY State Liocnso #

,.t,'lll!J.N-o

F<>rm 1-160 (Rev. 01111111 )Y

0001469

00 066

09/25/2014

Part 7. Complete Only if Filing as a Widow/Widower, a Self-petitioning Spouse of n Abos ,

~~~o~r~as.;;;...;;.a~Se;.;.;.;;lf.~-p~e~ti~do~n~i~ng2...:C~h~i~.::...:.o~fa~n~A:.:.:.hu~se::.:.:..r~~~~~~~~~~-+-~..,...;.+A-""""'~~~~r;:L,(
S~tion

A. Information about the U.S. citizen husband or wife who died or about the U.S. c tiun r ful

rmancnt resident abuser

la. Family Name

z.

lb. Given Name

4. Date of Death (mmlddlyyyy)

Date ofBirth (mmlddlyyyy) J. Country ofBlrth

S. He or she is now, orwas, at time of death a (check one):

U.S. citizen born in llle United States

b. U.S. citizen born abroad to U.S. cltil.efl parents

c. U.S. lawful penmment resident (Provide A#)

d. U.S. citizen through natwaliZ11tlon (provide All)

------

0 c. Other, explain --------------Section 8. Additional Information about you

t. How many timu have you
been married?

1. How many llmes was the

person in Sedion A married?

3. Oive the date and ptace where you and the person in Section A
were married. (/jyou are a .rtlf-petlll<mlng child. write "NIA''

NONE
4. When did you lhe with the person named In Sedlon A7

From (Month/Year) - - - - - unlll (Mo11th/Ytar) _ _ __

5. If you are filing 8$11 widow/wjdower, were you le&ally separated 1t the
time of the U.S cttiu:n's death?

0No

Yes (Attaclruplanalion)

6, Give tho last address at which you lived together with the person named in Section A, and show the last date that you Iived

together wjlfl that per$Ol1 at that addl'CS3:

7. If you arc filins as a self-petitioning spouse, have any of your children

filed separate self-petitions'!

1111111111111101111
0001472

0No

Yes (Shuw chi/d(ren)'sfull namu):

Fann 1360(Rev. 01/ISllllY hp 4

no oss

09/25/2014

OMB No. l61S-0020

IM360, Petition for Amerasian,

Widow(er), or Special Immigrant

Department orHoisetaad' Secartty

U.S. Cit~lpaod~ SCivia

START HERE - 'l)1M or print i black Ink

For USCJS Use Only

Part l. lnformattoo About Persoa or Organization Filing Tbis

Petitl().n (JndlvfdUala uso. dto top nAmO lino; orgiinizalions use tho sewnd
lino.) lf)'<>u aiO 1uclf-j)C!t}tl~lng spo\ise or chlkl and do not Wlllll USCIS to
said notlocs about thfs pdition to your home. you may show an altemit.c
lillillilg address here.. lf)'OU -..fil!ni fut )'OUt!Olt'and dO not want to use In
11ltcmalc mlillln
1k to Paii 2.
II. Family Name
I~ CNvca Name
le. Middle Name
HC IG:NZIE
~.

CONROY

QJ~-

-I=::111!1

PE'l'ER LL0D

company or Organization Name

SALIS LAW PC.

3. A~~CIO
(2 BROADWAY SUI7'E 1133

Street Number end Name

42 BROADtlAX surrE 1133

7. Slate or Province
N'i

' City

NEW YORK

8. Country
OSA

9. Zip/Postal Codo
10004

1""48, Filed Concunently

8cr1o A" Fiie Revtewe4

12. IRS Tax I (If any)

t. AmfnSl111

1>. WidOW(cr)or1u.s.citmn

D c.
0

s~.Im~pU~"""~

d, Specl.al~~Retigl~ Wai:ter
Wiii iho illki1 be wortJ..-1111 11 mlnb(er?

O
-~

~J

0 Ye..

0 No

c. Spc:dal lmmlvantbucd on c:mploymcot with lbe Panama Canal Company.

Canal ~a- U;S. OOvcmmentfnthcCilllal Zone
c;c: r.n
Q

.
\

'.

'

'.

0 ~ll~"'!~Pb)'tician

A"\ [d~t-.
..::r. l,.-yw-.1
mblt1rr1H1
!.,;:;'
:i:: Srij!l
l~onal Orpnfiall~Bmploycic or .CamUy metlll>

y CE;. ~aJ tm~t

?
.

Armed Porecs Member

(t~~-

ScfH4Spc>weofAbuafve U:S. CZl~or Lawful ~""~RolldC!lil

Q~~J~~Sel~OdJd of Abusive U.S:CJl~'o.rLawfol ~R~J~~
O sCspeQuS Jmml.i\ut A(Jiwttnaa .or ll'lc:iNatloilil Who worked with the U.S.
<..~nti2F~if~latQr

I. sp:ciAflmnd~lrtq Ntlonal who W*I arn,~ '1>' 9r on beh.Jroftli!I

To Be Completed By
~ ~tlOIJUI 0t }tqtU#lll#iw, If II)'
FUl In bcc If Form 0.28 ls attailihcd to
~the applicant

VOL.AO#

U.S, Oovemmenl

Form 1360 ~- 01/llll l}Y

0000804

00 078

l}t)
09/25/2014

l'llrt7. Complete Only If Filiag u

Widow~, SdF-pellt~g

or as a Self-petltlonh1 ChDd or an Abuser

ocrmancat resident abuser

ta. Fllll'llly Name

-ifl. ,

L-

Ci :_ l

I c. Middl~ Name

1b. Given Name

f Y!

4. Date of Death (mml<idlyyyy)

2. Date of Birth (mm!~) 3. Country ofBirlh

~.

Spouse ofaa

H:ci 91' sher f$ 11ow, Of wa_ at dnie ofdeattl CdJl:ck, one);.

0 11; U.S. '<iU bo(ll ~n tho l,Jnlied Scate,t

b. U.S. oiJimi

O
0

c.

bom ihroad.tOU.S,~~paretltB

u.s. lawfUI ~ re11c1eni (Provide NI) -----

c1. tJ.s. citl~ throUab DStirilbati<in(fltivldcM>

[] c.Qthc:r,aii:pbibi ~~~~~~~---~~~~~~~~~~~~~~~~~~~~-

Section B. AddldoI Jaformatkln about yoa

a. Ho.w llWl)' llmca have you
bocn married?

z. How many Umes 'Wilt the

person In

Sedi A. married?

3. Olvc lhc date and place w~ you and the person lo Section A
Were mirrled. (l/J'OU In a ulfP"llllonlng chi/cl, writ "NIA")

N/A

S. Jfyou arc filing as a wfdowlwl~. wetoyau l~tr, ~ .t lhc

lime the U;S oflfz&!nla death?
.
.

or

6.

Ol~tho last address at which you lhed together with the: pi:non named In sedtoD A.1 aild show the liSt:d&tc lhat you lived
together wilh that pcnon at thlt address:

7~

If you an: filing e:i; a Mllf-pc:tlUooing spousc. tiave~ofypurdill~

filed~ l!Clf.;pdidons?
.

llllUllllllRllllllllll
0000807

[]No

Pciqn l..UO ~. OlllW\ I )'V.,.... .f

00 081

-,

09/25/2014

Part 7. Complete Only if Flllac as a Widow/Widower, a Selfpetltlo

or a1 a ScJf"!'petitiouing Child ~fan Abuser
Section A. Information aboat the U.S. cllizen husband or wife who died or about the U.S. citizen or lawful

ma neat mfdent 1buter

I a. Family Name
NICKLE

Jc. Middle Name

lb. Given Nome

CAUIA

ALANA

4. Date ofDeath (mmlddlyyyy)

m/ddlyyyy) 3. Counrry ofBirlh

USA

fBl
0
D
0
0

c is now, or was, at time of deatb a (check one}:

a. U.S. dtiz:en born ln the United States
b. U.S. cltlz.cn born abroad 1o U.S. citi1.a1 paratts

e. U.S. lawful permanent resident (Provide All)

------

d. U.S. cltlzen through lllturallzatlon (provide A#)

e. Otbcr,cxplain

Section B. Additional inrormatfon about you

1. How many times have you 2. How many times was the
been manied?

pmon ln Seetlo. A married?

NIA

N/A

" When did you llve with the pt:nlCJri IUllOOd in Section A?

s.

3. Oive the date and place where you and the pel'SOll In Sccllon A.
were married. (I/you af'fl a :self-petlllonlng child. wrlle "NIA~

PRESENT
until (Monlh!Yeor) _ _ __

From (MonJlflear)

Ifyou are filin& as e widow/wi<k>wer, were you legally separated at the

tim11i of the U.S citizcn'a cicada?

0No

Yea (lftt;h 1Qrpfuna1lon)

'- Give the l13t .ddrcss at. which you Jived together with the person named In Section A, and show the last date that you lived

~
7.

Ifyou me filing as a scJf-potltloning spouse, have any ofyour children

filed seperatc sctf-petiliOflS?
.

No

yes (Shaw chiJd(IYn)'sfall names).'.

Fonn l~ (Rav. 01118/ll)Y Pqe.C

0000881

000042

09/25/2014

l---lJ/%

(
OMB No. l 6"-002'0-..

1-360, Petition for Amerasian,

Widow(er), or Special Immigrant

Deplnmet of Homeland Security

U.S. Cili_.sbip end Immigration Scrviocs

ST ART HERE Type or print in black in1'

For USCIS Use Only

Part I. Information Abo11t rcnoa or Orgaaizatioo Filing This

Petition (lndividtals use the top name Une; organizations use the SCCOfld
line.) tryo11 lll't; a self-petitioning spouse or child and do not want USCIS to
send noti~ abaut lhi!l pelltiort to your home, you may show on alternate
mailing address here. Jf you arc filing Cor yourself and do not want to use an

Resubrni

alternate mailim1 address. sklo lo Part 2.

lb. Given Name
MELVA

1a. family Name

BURNETTE

l c. Middle Name
ANN

RelooSc:nt

2. Company or Organization Name

SALIS LMi PC

J. Address - CIO

42 BROADWAY SUITE 1133

4. Street Number and Name

5. Apt.#

42 BROADWAY SUITE 1133

o~oner/

Appll=it

7. State or J>rovlru:c
NY

' City
NEW YORK
8. Country

Ol~rricwod
Beneficiary

9. Zip/Postal Code

10004

USA

11. IMTu #(if any)

lntciviewed

0
0

I-48S filed Conwrmitly

Bene A File Reviewed

Classification
Consul&!c

Part 2. Classlfication Requested (Check one):

0
D

O
0

Priority Date

Ameni~lan

1,

b. Widow(~) ofa U.S. citizen

d. Special Immigrant Religious Worker

Will the alim be working asaministlS'7

_
~

i;:::>

Remaru:

c. Special Immignml luvenile

.....

Yes

No

e. Spctj{tl lmm@1un bwicd un anplu)'l11mt wltl1 the Panama Canal Company,

~'1:;arAJPZone Qovcmment, or U.S. Government in the Canal Zone

--

..

.,

D~ .f. Spc~al lmmigrat\t PhysiciM

o: ~ S~I lmml~ll

inlernational Organization Bmployec or family member

D fl. s$ia1 lmmi~;jhl Armed Forces Member

rJ 'I. Sell~tillo~~~ Six>use or Abusive U.S. Citizen or Lawful Permanent Resident

To Be Completed By

j. ': ~1r.ailticning Child of Ablisi'Ye U.S. Citizen or Lawful Pcnnancnt R.CllidCflt

Attor1111f tH Aeprue11'4dve, If aay

k. Spcofiil lmmigtant Afghanlsllln or Iraq National who worked with the U.S.

Armed Forces us a translator

I. Spcoial lmmigrant Iraq National who was employed by or on behalfof the
U.S. Government

Fill in box if Fonn 0-21 is .nached to

reprcacnt the applicant

t ...'

c;.

.;.

VOL.AG#

0
I
jJ{' '' Other, explain: (&!4...ev1, I

~-"-'-~f--_;;,~~~=-"'----#~~-:....;

/-

0000168

Fonn 1~60(~. Oiflllll)Y

l ~

7./J

]t)

09/25/2014

'-~/
Part 7. Complete Only ifJi'iline as a Widow/Widower, a Self-petitioning Spouse of an Abuser,
or u a Self-petitioning Cllild ofan Abuser

Section A. Inronaatlon about tbe U.S. citizen husbtnd or wJfe who died or about the U.S. citizen or lawful

oennanent m ident abuser

la. family Name

lb. Given Name

CLARISSA

ALI

le. Middle Name

DAIUEI.LJ\

l. Date ofBirth (mmJdd/yyyy) 3. Country of Birth

007
USA

4. Date of Death (mnildd1?:J'Y}

5. He or she Is now, orwwt, llt time ofdoath a (check one):

fBl

a. U.S. cltimn born in the United States

0
O

b. U.S. citizen born abroad to U.S. citizen. parents

e. U.S. lawful permanent resident (Provide A#)

d. U.S. citizen through naturali7.ation (provide A#)

e. Other, explain

------

Section B. Additional Information about you

l. How many times have you
been married?

2. How many tlmr:.cJ was the

person In Secdoo A married?

4. When did you liVt! with the person named in Section A?

3. Give the date and place where you and the person in Section A
were married. (Ifyou are a self-petitioning child. write "NIA")

2 _00_7_
._

Prom (Mo11th!Y11ar)

5. Ifyou are filing as a wldow/widower, were you legally sepamted at the

time of the U .S citizen's death?

0No

until (Month/Year)

PRESNT

Yes (Attach explanation)

6. Give the last address at which you lived together with the person named in Section A, and show the last date that you lived
lOltcther with lha1 person at that addre.1S:

---

-------~~--~

----

~---

--~--

'

7. Jfyou are filing as a self-petitioning spouse, have any ofyouu:hildrcn

filed separate self-petitions?

0No

Yes (Show chlld(ren)'sfull natMs):

-------------------------------------------------.

1111111111111111
0000018

l'onn 1360 (Rev. 1112'/IO)Y Pap'

000025

0912512014

Part 7. Complete Only If Filing as a Widow/Widower, a Self-petitioning ::ipouse of an Abuser,

or IS a Self~pctitioning Cliird of an Abuser

Section A. lnromadoa about the U.S. dtlzen hliiband or wife who died or aiu>ut tbe U.S. dti2en ot' lwf'al
permanentremdentabuser
la, Family Name

lb. Given Name

le, Middle Name

DAS ENT

KEANE

SF.AN

4. Date of Death (mmlddlyyyy)

2. Date o( Birth (m-'ddlyyyy) 3. Country ofBh1h

mzo11

USA

5. He or iihc Is. now, or wu. at time of delith a (i:heclc one):

~

.L

U.S. eitlzen bom in the United ~tes

0
0

c. U.S. lawful pen:nanellt ~ldeat(ProvldcA#)

d.

ua. ett.lzen thtouef\ na41raliiation (Provide A#)

Otllcr, explain

bi U.S. olitz.Cn born ~ad to 0.S. cltm:n parents

Seetioa B. Addllional lnformaHon about you

f; How minY thnC'41 bavli you 2. How many Umcs was the
been man'lcd'l

pc:non in SeetWa A married?

3. Oive the date and plllCC where you and the person In Section A
were mamcd, (({you arc a nlfpetltlonlng child, wrlft N/A ")

N/A
PRES&NT

until (A:fonJJrlfear) - - - -

s.

If you are filing as a widow/widower, were you legally separated at the

tlme of the U.S. citizen's death?

QNo

Yes (Allaclr txplona1fon)

' Oive tho last address et which you lived Cogechct with the person named In Sedloa A, and show the I~ date that you lived

~
7. Jfyctilarofdinga1e1lf.petiti"ing~havcanyofyourlildrcn
filecL8epei'111c sc:lf-pdi!kins1

111111111111111111111111
0000282

N
.9

v:...~1.ft.wch'ld.'.t'-n'." i:..fi.'f..--ui

- ,.....ov

, ... 'J

J.. -- .,,

Porm 1-360 (03iOSl13) N Pip~

co

027

- ~---......,

(f2/\

{-- !)!

09/25/2014

OMB No. 16JS-0<5: R.cplttt 051ll'20t2

Form I-290B, Notice

of Appeal or Motion

Deparmaoat orB~ Setarity

U.S. Clti-.biJI and lmmlaiadoo Servlca

111 tlae Matter ot. BOmTTE, DI.VA

Ftle Number: A

For USCIS Uae Only

SfART HERE Pll!llSll 'l)r.,. or Prlar (Use blnck ink)

Part I. Information About Pedtioner/Applicant (lndlvlduallBllSineul

Returned

Org,tmi=tltlon/A.Uaniep'Rf!Presentallve fl/Ing appeal or motion)

Family Nllllle
Given Name
Middle Name

Date

I:SOJUD!T'l'E

llDLVA

11

N1111c of Business/Organi.talion (if applicRb/~

ISALl'.S LAW PC.

Apt.#

M.alliJll Addra1 Street Number and Name

SUITE 1133
D.OAJ>ll'AY
CJO (ilr care of):

142
I

City

limr tOlUt

11
Zip1P0slal Codv

State or Province

I IND

1110004

YORI(

l>aytinu: Phone H (Area/Country Codt)

Counby

11 (212) 655579

!oSA
rax #(Area/Country Code)

E-Mail Add1"C111 (if011)')

I c212 > 142osc9

11 SALISU.W@QNAXI.. CON

11

II

--!1=

RCMlbrnitted
Date

Reloc Sent

Date

I~

Date

I RelooR'd

I OatG

I lllll an attorney or repl'W!lllative. If you c:hock this box, you must provide the
following information about the person Ol" orsmiution for whom you 8IO
appearing. (NOTE: You must attach a Fann 0-28, Notice ofBntcy of Appearance
as Attorney or Reprcsentativo.}
Family Name
Given Name
MiddloNamo
Complctc Name ofBusincss/Organizatlon/School (ifoppllcoble)

-~-

Date

I Date

R~cipt

Date
Remarks

I
I

A# ((falf)j

Daytime Phone# (hea/Colmll'y Code)

I(

Fax # (Area/Country C".ode)

I<

N1

E-mail Addles$ (Ifany)

II

Part 2. lnformadoD About the Appeal or Motion

I
I

(Chtd one box Hluw tJwJ krt ducribel

'"'

reque:)

lh0":)
h.... ,=: (:;'l ~

A.

lf:you indlcalo tllat you 1n1 filing 111 appeal, ft may be considered by USCIS aa a motion before it b rorwar~ t.o
I am filing an appeal My brief ancl/ondditioaal ovidcnoc ia auached.

B.

I 1111 filing an appeal My briefC1cllor additiODll evidant:o will be submitted to the AAO within 30 day11k'.>;~;

C.

D.

D
D

E.

F,

I am filing an appeal. No supplemental brief and/or additional ovldenco will buulnnltted.

I an filing a motion to rcopoo a decision. My briefand/or additional evidence is attached.

J am filing a motion to neomid.or a decision. My bdefiuttached.

~~.:.

c!,

.~ ~

.:~;; Ql

f~

= :\ (JI

.:',.

..'..:

?;

l 1111 filing motion to reopen and a motion to rteonsidet a dooision. My brief and'or additional evidence ~attacMa'.

1111111111111111111111111
0000131

...._.

.. 1
.

Ponn 1290B (Rav. 12/07/11) Y

09/25/2014

In the Macter of:

BURNBTI'E, KELVA ANN

File Number: EACl 215250441

Part 2. Information about the appeal or motion.

(Continued)

Information on &be relating applicat.ionlpctttion.

Applic:ation!Pctilion Fonn I

(le(:clptl

Date of Denial (mm'dd/)')')')') USCIS Oflir.e Where Dcllision llisued

j j 06/)5/2012

I IBAC1215250++1

1360

11

Vermont Service Center

Part 3. Buis for the appeal or motion.

Motion to Reopen: The motion must state new tacts and must be supported by affidavits and/or documentary evidence.
Motion to RecoDJider: The motion must be supported by ~itations to appropriate statutes, regulations or preccde~t decision~.
vido a stAtcment c:

WttT

rs -R.t..Qu&sr6D

u1-0C&it

Cm')

of\.l F-O~m J: ... 3w

A- ~l.lGB\ ~ll Qi(A-NT OI=" 'i)GF~GrD Acnorv

"PLlt<.~t'rtVT ID ~ LlSC..(S m.G 'lttt~
l+u.M.A-N\~(A-0 ~~Qu~r t~ <TO ek)AL6 'T~
Cl T\ ~ PMe:Afr TO

u.f ~e:t-D
\/\LD'e.K

de=

\1-t-

4).'J)UL();;

u . s.

~e. -n+b Q~

Cl+tt...D

's

US

ftt-.j{)

~ l=bie._ ~-12 A-1\:l I

0 I=

~M lT .

Part 4. Stgnatare of penoo filing the appeal/mo

n 01' bil or ber autbomed representative.

Dllte(mm'~
Make nre you appeal or motion II complete before llllna.
Fonn I-2908 (R.ev.02/10/09) N Page 2

0000132

Sample work permit with expiration date boldly written on

it. Complainants saw the dates and know when it will
expire before making payment.

Ex. 7

P.O. Box 851488

Mesquite, TX 75185-1488

ZIP - USPS DELIVERY CONFIRMATION

9205 5923 3840 0142 8216 35

USCIS National Customer Service Center

1-800-375-5283
BOWLING GREEN STATION
PO BOX 1603
NEW YORK, NY 10274-0000

Date 8/20/2014

IMPORTANT INFORMATION - SAVE THIS NOTICE

Use this tear-off portion to speed your application for an extension or replacement card.

A#

Ill

BOWLING GREEN STATION

PO BOX 1603

CARD # 1AOS1324064269

IIll~~~ I ~ I~ 1 1~ 1 l l ~I~ I ~ 11111~11 I~ l~I ~l

1 A 0

1 3

Z 4 0

Z 6

Help USCIS Serve You Sett.. ..__ _

We recommend that you keep this notice for your records. It has important information.
The tear-off portion of this notice can help speed your application for an extension or replacement card. When
recommend you attaeh the tear-off portion to your completed application.

you file for another card, we

- 75 b;,wer Welden Street

St. Albans, VT 05479-0001

ZIP- USPS DELIVERY CONFIRMATION

9205 5923 3840 0144 3055 91

USCIS National Customer Service Center

1-800-375-5283

:SALIS LAW PC
1179 EASTERN PKWY FLR 1ST
BROOKLYN, NY 11213-0000

Date 9/5/2014

IMPORTANT INFORMATION - SAVE THIS NOTICE

A#

CARD# 1A091324120658

~I~~~ 1~1 1 ~ ~11111 ~1~ ~I ~~111111~~ ~1 1 1

111111
* 1

A 0 9 1 3 2 4 1 2 0 6 5 8

Help USCJS Serve You Better

We recommend that you keep this notice for your records. It has important Information.
The tear-off portion of this notice can help speed your application for an extension or replacement card. When you file for another card, we
recommend you attach the tear-off portion to your completed application.

Sample receipts of payments showing what was paid for is

work permit. If there is dispute or doubt on what they are
paying for, then, they do not have to pay because it is
payment on approval.

.Ex. 8

RECEIVED FROM
QFOR RENT
QFOR

fu/i: H~t.d...c
~
,, .. ,,/
I

o~
D

P ~w/JYik. 0~~xt~~~~

OQl!ARS

..:t:.5

TQ _ _ _ __

"' oATE
RECEIVED FROM

BAL. DVE

ofPtY2P~---- No.

.L. LJJlL~.Ang ___

77B469
I$ J.J61t!J -nn I

----~1.

--~
/,/

''

"! .

I
I

I
~~

. .,....,...

--

OOIJ.ARS

I ;

!
-~I
!

-~----!---BALOUE

(r:;T)
/

527831

- -----~-----------------

~~12014

~
~~
-.....

()l
~

\
OMBNo.16IS-002tf

Departlllfln& of Jlomdand Security

(~) ~ ~~~:;:;R;_':::::np:::: black

N Part 1. Information About Person or Organization Filing This

1-360, Petition for Amerasian,

Wldow(er), or Special Immigrant

lnk

setld notices about this petition to your home, you may show an altema~
malling addl'C$S here. If you are filing for yourself and do not want to uso an
alternate mailin12 addres.~ sk.iD to Pan 2.
la. Family Name
lb. Given Name
le. Middle Nam6

l,,Y

,,I'

....._

....

~ ~ MARAJ

'

Resubmitted

SOOKDEO

RclooSent

. \'. ~2. Company or OrganiZlllion Name

'Y

For USCIS Uu 0.1)'

Petition {lndlvlduals U$e the t()p namo line; ()rgalli~tlons use the second
line.) If you !\re a Ulf-pet!tlonlng spouse or child and do not want USC JS to

J'

.0
(

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SALIS LAW PC.

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1
:_;

3. Address C/O

ReJoc Rec'd

~ 42 BROADWAY SUITE 1133

4. Street Number and Name

S.Apt.#

42 BROADWAY SUITE 1133

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USA

9. Zip/Postal Code
10004

Io. U.S. Social Security 'Number 11. A-Number

12. IRS TIX# (if any)

"--./ 0
0

8
~

Widow(er)ofaU.S.citizen

c. Special J~mlpant Juvenile

d. Special Immigrant Religious Worker

J.

S~ial

Yes

., .. ' . I

No

l':I

lm@graiit based on employment with the Panama Canal Company,

~:: CAli)l lon~ovemmcnt, or U.S. Government in \he Canal Zone

'

.~

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.:r
1SP,l!!ial imflligrant Physician

a..

. 'f;,,.'m

'g. S~al Im!":~' International Orsanizatlon Employee or family mcmbc:r

qJ: .~ :~ lmiP;~t A.nned Forces Membor

0 i:_ 'Sel~tlon~g Spouse of Abusive U.S. Citizen or Lawful Permanent Residet\t
0 J. ~Jf.galtlonl~
<..:r' cen Child of Abusive U.S. Citizen or Lawful Pennanent Resident
0 k. Special Immigrant Mghanislen or Iraq National who worked with !he U.S.
Armed Forces as a translator

J.ntctvlewed
1-48~ Filed C011currmtly
Bee A" File Revlcwcd

Priorir,y D111e

Amerasian

Will the 8Ufn bo working as a minllter?

Comulatc

Part 2. Classfficatlon Requested (Check one):

0. a.
)0 b.

Pctitloner/

Applicant

o Beneficiary

NY

NEW 'i'OIU<

7. State or Province

6. City

I. Special Immigrant Iraq National who was employed by or on behal(orthe

U.S. Oovcmmc:nt

To Be Coapleted By
~mqorA~ lfe._y
Fill In box if l7orm G-28 Is attached to
rcprcamt lhc wpplk:mtt

VOLAOI#

form HeotRev.01111111)Y

0000725

con3-t

09/25/2014

Part 7. Complete Only if Filing as a Widow/Widower, a Selfpetitioalng Spouse of an Abuer, .

or as a Self-petitioning Child or an Abuser
Section A, Jnformation about the U.S. citizen husband or wife who died or about the U.S. citizen or lawful
ermanent resident abuser
1a. Famlly Name

1e. Middle Name

Jb. Olvcn Name

2. Date ofBlrth (mmlddlyyyy) 3. Country of Birth

5. He or she is now, or was, at time of death a (check one):

a. U.S. citizen bom in the United States

b. U.S. citiun born abroad to U.S. citizen parents

c, U.S. lawful permanent resident (Provide A#)

cl. U.S. citizen through naturalli.ation (provide A#)

e. Other, explain

------

Section B. Additional Information about you

I. How many times have you

2. How many tlltle$ wu the

been married?

person in Seceion A marcied?

ONCE

N/A

4. When did you live with the person named In Section A?

J, Give the dato and place whore you and the person in Section A
wcro married. (If~ are a nl}pcr1tlonlng ~hlltl. write "NIA8)
\

NIA
Prom (Month/Year) - - - - - until (Morrth!Y110r) - - - -

5, If you are filin& as a widow/widower, were you legally sepanted at the

timo of tho U.S citizen's death?

0No

Yes (AUachuplanaJfon)

6. Give the last address at which you lived logether with lhe penon named in Sedloa A, and ahow the Jut date that you. lived
cogcthcr with that person at that address!

7. lfyou are filing as a selfpetitlonlng spouse, have any or your children

filed sepame sclf-pcdtlons?

11111a1111111111111
0000728

0No

Yea (Show cltUd(rt1ff)'1fuJI namu):

f'oml l~(ttev. 01118/l l)Y 1'94

GO C3A

Sookdeo Maraj Clear Lies

Sookdeo Maraj lies that "Mr Salis requested $4500 which I

gave him at the retention of his immigration services". All
the contents were lies and is believed to have been written
for him to implicate the defendant. He signed affidavit
needing deferred action and work permit based on country
conditions- see SOP and Morton memo on Deferred
Action. Surprisingly Maraj lies were used in the grand jury
indictment along with other lies. The work permit was
approved March 5, 2012 and he paid March 9, 2012 after
the approval.

Ex. 9

~~6)~

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Department Disciplinary Committee

.
61Broadway,2nd Floor
New York, NY l 0006
1st

RECEIVED
ZOIJ OEC"2 O'-:A 11: 41.t

Sookdeo Maraj

..

i 1,.,,~;.. ,.j,~~,1'- -lir;" ~~"

'

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DEPAIHHENTAL
DISCIPLINARY
COMMITTEE

Dear Sirs:
I am submitting this sworn statement/complaint of "ineffective assistance of counsel" in

my immigration matters. I believe that I have been fraudulently represented in seeking to adjust
my status based on my original attempts to file under the "Life Act", in the year 2001. The
following are the facts and circumstances underlying this complaint.
1.

After having received ineffective assistance from Mr. Albert Baldeo, my attorney from
2004-2007; and, after having received ineffective assistance from Mr. Kuldip Kasuri, my
attorney from 2007-2010, I then engaged and retained Mr. Owolabi Salis, of Salis & Associates.
*~Salis requested $4,500. which I gave him at the retention of his inunigration se~es.

2.
I explained to Mr. Salis of my efforts to obtain a greencard through a sponsoring
employer under a PERM process. I explained that I had hired Ms. Macy Hewitt, Esq. to
conunence this proceeding under the "Life Act" in the year 200 l, but that Ms. Hewi!l was
disbarred because of her fraud in the handling of immigration matters whi<::h l~d to her criminal
conviction in the year 2004.
3.
I explained to Mr. Salis that both Mr. Baldeo and Mr. Kasuri ignored the issue of whether
Ms. Hewitt ever filed anything on my behalf prior to the "Life Act" expiring in 2001. He advised
me that he would not pursue adjustment under a PERM proceeding but would file an I-360
(Petition for Amerasian; Widower, or Special Immigrant). He did not explain to me that I did
not meet the requirements as an applicant for this petition, but assured me that it was the correct
petition in my circumstances.
4.
I requested Mr. Salis to address my PERM process and whether I could correct Ms.
Hewitt's failure to timely file my PERM application under the "Life Act". I suggested that he
contact ADA Siegmund, even though many years had transpired. I indicated to him that I came
to him to correct the mistakes that my prior attorneys did in processing my PERM application. I
made it known to him that I wanted him to correct and/or address Ms. Hewitt's fraud in any way
possible.
5.
Mr. Salis ignored my requests and Mr. Salis's I-360 petition was denied on September 26,
2013, which I have appealed due to his ineffective assistance of counsel, by makirtg a meritless
application to USCIS in an attempt to adjust my status, rather than meaningfully addre.ss my
opportunity to correct Ms. Hewitt's fraud that prejudiced my PERM application.

6.
I believe that Mr. Salis did not effectively represent me when he abandoned my PERM
application process and, instead, submitted and processed a merit1ess 1-360 Petition. He knew or
should have k:oown that I did not meet the filing requirements or meet the filing classifications for
such .relief and/or petition. He also knew that my only chance was to correct Ms. Hewitt's fraud in
bet failure to timely commence my PERM before the "Life Act" expired~ and to argue or present
an ~t to USCIS that Mr. Hewitt's fraud and my prior attorney's ineffective assistance in not
arguing that tolling applied to this. fraud excused my untimeliness in commencing a PERM before
the ''Life Act" expired in 200 I.

Moreover, Mr. Salis knew I had received a labor certification and an approved 1140, so he
was. aw.are of my fritended efforts to secure adjustment of status through a PERM process. Mr.
Salis never fully exp~ed to me any available owortwlitles to continue this PERM proceeding.
7,

~~~:A::1<Mj
Swom to before me this
dayof ~,,,-2013.

if;;{('
GARTH A. MOLANDER
NOTARY PUBLIC
SUFFOLK COUHTY REG f02M050432ot
MY' COMMISSION EXPIRES

OS/08/2rit"'

CC:

SaliS & Associates

~oOw~:Salis,

l!sq.

42BtoadWay, Sulte 1133

'N~ YQ{k, NY 10004.

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-----------

_ ----------------

__,,

- -

75 Lower Welden Street

St. Albans, VT 05479-0001

ZIP - USPS DELIVERY CONFIRMATION

420 10004 0000 9101 9233 8400 1063 2419 44

USCIS National Customer Service Center
1-800-3 75-5283

MARAJ, SOOKDEO
SALIS & ASSOCIATES

42 BROADWAY STE 1133

NEW YORK, NY 10004-0000

Date 3/5/2012

IMPORTANT lN)fORMATION - SAVE THIS MAILER

Use this section to speed ypur application for an extension or replacement card.

A# 088-690-035

6~o '(Y10(,A ~

MARAJ, SOOKDEO
SALIS & ASSOCIATES

42 BROADWAY STE 1133

NEW YORK, NY 10004-0000

'!>... C\- V2-.

RECEIPT# EAC1205050779

lll-l~UJ_,J~~JI

~ ~ ".'v ~/"'

/J~'J:JiiJjjjjJiiiiP.11
Help USCIS Serve You

etter

/-:.// ..

saftf'Pfaee

We recommend you keep this no :

for your future reference. It shows your USCIS "A" or "N" number, which Is your USCIS account
and file number, and It also has other important information.
The tear-off portion of this mailer can also help speed your later application for another card. When you file for another card, we recommend you
attach the tear-off portion to your completed application.
jQ

r;:::

....

:RlaCEIPT or. o3fO!f/_JQLfJ;_ No.. 422423

RECEIVED FROM

QFOR RENT
0FOR .

f5crn/cd. to_:_____rn__~r~- - [$ /.)6--d'V'

fbtf!t:-:P~
-~-----~---~
I

.-A-cco-u-Nr---:-e{cAsH
------~--

PAYMENT

fl.600 :6'0
'

BAL. DUE

QCHECK

OMONEY

'

FROM------------- T O - - - - - - - -

ORDER

Qg~~g'T

' BY ---

:_

10

Undated Letter received August 2014 from CBP and ICE

closing case file and advising that funds seized in the

office is with the district attorney.

,.Ex. 10

,~

[/\}.
!

Raymond Boulevar. d
Newark, NJ 07102
.
1100

JU

'

;"'

'

'"-..,......_~~----~

US. Customs and

Border Protection
CN: 2014-1001-000876-01 MIG
Via regular US. and certified mail

Salis Law PC
1179 Eastern Parkway
Brooklyn, NY 11213
Dear Sir or Madam:

This is to officially notify you that U.S. Immigration and Customs Enforcement
(ICE)/Homeland Security Investigations (HSI) seized lhe property described below in the Port of
New York/Newark on July 24, 2014:

Approximately $3,367.00 in U.S. Currency.

The currency was seized and turned over to the Manhattan District Attorney's Office for
further disposition under the provisions of United States Code Title 19 Section 1627(a). Any
further inquiry as to the status of this property should be directed as follows: please be advised
that U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement
(ICE)/Homeland Security Investigations (HSI) has no further direct knowledge or involvement
with the listed property. Please direct any questions or correspondence regarding the above
mentioned seized property to Rosemary Yu, Assistant District Attorney, Manhattan District
Attorney's Office, 10 Hogan Place, New York, NY 10013, 212-335-8933.
This office has closed our case file. However, if you have any further questions regarding this
matter, please contact Ms. Monica I. Gora of my staff at 973-368-6044 or by fax at 973-3686082.
Sincere ,
/;

dward~tfg~

~irector

Office of Fines, Penalties, and Forfeitures

New York/Newark Area

Vigilance

~ -3V

c?1

Service

Integrity

11

Advertisement by a rival attorney who advertised for Salis

clients. Upon information and belief, the complainants
have been linked to 2-3 rival attorneys in New York
including the following:
a. Brian Figouroux, esq., (a Trinidadian) who is believed
to have recruited the Caribbean Trinidadian and who
advertised for Salis clients upon the indictment when
an indictment is not conviction.
b. Takasu and Espinoza who is believed to be recruiting
spanish clients and who on the day of the indictment
rushed to the Channel 41 TV to give wrong messages
to spanish audience, The TV documentary has been
prepared in advance and both believed to be working
with the 2 prosecutors that led the Immigrant Affairs
under the Manhattan District Attorney (Rosemary Yu
and Mayerling Rivera)

11Ex.11

FREE

A D.B.A. OF l.Q. INC.

ISSUE 50

A newspaper for, produced and owned by Caribbemi people- the largest Caribbean--owned, circulated publicstion in New Yorlc!

VISff US ONLINE AT WWW.CAWNYC.COM

ALIS I

D
M

anhattan District Attorney

Cyrus R. Vance, Jr., on July 24,
20 l 4, announced the indictment of Owolabi Salis 51, an immigration law attorney, for defrauding at least
30 victims, many of them immigrants
from the Caribbean Islands, South
American, Central American, and
African countries. Salis is charged with
multiple counts of Grand Larceny in the
Third Degree, Attempted Grand Larceny
in the Third Degree, Scheme to Defraud
in the First Degree, and Falsifying
Business Records in the First Degree.
"The immigrants i11 this case wanted to
do the right thing by hiring a licensed
altorney to guide them and their families
through mriou.~ legal processes," said

12

---

TO ADVERTISE IN OUR PUBLICATION CALL 718-771-0988

F
I

District Attorney Vance. "Instead ofproviding them with honest representation

and advice, the defendant took advantage of their tntsl and stole from them. I
encourage victims of immigration fraud
to contact my Offices Immigrant -11Tai1:~
Hotline at 212-335-3600."
Special Agent in Charge of HSI New

York, James T. Hayes, Jr., said:

"Committing a scheme to defraud immigrants is a seriollS matter made all the
more disturbi11g when it is committed by
a licensed officer of the court whose job
is to assist them. Lawyers and other service professio11als who profit through
ji-aud will not be tolerated, and HSI will
aggressively investigate an.vone seeking
to exploit and compromise our nation'.~
immigration system."
Phyllis Coven, USCIS New York
District Director, said: "USCIS places a
high priority 011 combatting immigration
services scams. USCIS will co11ti1111e to
work with the DistricJ Attorney~ Ojjice
and other partners to educate tire com-

----

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..;~prU,i>D~an 1s1~11.~.s

,.c:hambers ;Lauiit:flecl.
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BVJANETH~AR().

"ry.
-.. '1e

<Ne; American
' . dimi1ber: .of Commerce

(NA~C) ijeld Its Annual

International. :& MultiCultural
Business Expo' on Thursday,
June 19, ioi4, at the New York
Marriott at the Brnoklyn
Bridge. A.t the Welcome VIP
Breakfast, six new Caribbean
Chambers (>(Commerce were
successfillly launched: lhe

''..'~.~~~~J~h~'.~~,~~~11~~.tj

Change Promised for WIADCA Parade

BY VANDELL PARK

here is a m:w head ho~cho at. the

West Indian Amencan Day
Carnival Association (WIADCA)
and after a conversation with him on the
progress of the 2014 Labor Day Parade,
there are indications that changes are
looming for the beleaguered festival.
Over the past five years, the Carnival
was fraught with violence which led to
calls from many quarters to scrap the festival. However. the new President
William Howard, says the Labor Day

r-- - ----- I

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-..

--

---,

j
I

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I

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. .

festivities will continue as some changes

I
. d H
.
h
are bemg imp emente . . ere 1s t c
Ca.ribbea11 American Week/.Y (CAW)
interview with the new President of
WIADCA.

CAW: What led to the change in presidency at WIADC.A?

Howardi Mr. Tiwmas Baiiey, the previ.due to health
issues a few months ago and as the first
vice president, I stepped up to the post of
o~ preside1it, resigned

VISIT OUR WEBSITE WWW.df..WNYC.COM FOR MORE NEWS AND INFORMATION, FREE LEGAL CONSULTATIONS AND A CHANCE TO WIN A lV!

1Z::S 1~ ~.

~1 \J Dfcc.-'1:1r:.:-; ~ j~

(/~-----'-.....

'.~~~~IL
Green Cards & Bogus
Marriages ..

Salis Indicted for

Defrauding Immigrants.

co11tinued from page 21

contbmed.from page I

whether the families have met you or

your fiance

munity on how to avoid immigration

scams and to empower them to report
those who take advantage of others."
According to document~ filed in court
and statements made on the record in
court, Salis is a registered attorney who
practices immigration law at his own
firm, Salis Law P.C., also known as Salis
and Associates. with offices in downtown Manhattan and Brooklyn. The
defendant falsely told his immigrant
clients that they qualified for lawful permanent residence (green cards) and other
immigration benefits, when they, in fact,
did not. He charged each victim more
than $4,500 for the fraudulent services. It
is alleged that Salis obtained work permits, which are automatically issued on a
temporary basis while an underlying
adjustment of status petition is pending,
for his clients and misrepresented to
them the facts surrounding the manner in
which the cards were acquired. After the
work permits were sent to his office
rather than the immigrants' homes, Salis
demanded $4,500 on top of the fees they
already paid. The defendant did not tell
the victims that these work permits were
temporary and would be terminated once
the. fraudulent underlying adjustment of
status petition was denied.
To facilitate his scheme, and unbeknown to .his victims, Salis is accused of
using the federal I360 fonn, which is an
immigration petition for permanent resideuce reserved for special immigrants

how much time you have spent together, and where, and
whether you held an engagement party
or made a fom1al announcement of your
engagement to family and friends.
There are no limits to the possible questions.
Once you or your spouse gets to a fraud
interview, you will have to meet with an
officer whose main job is try to detect
wrongdoers, not grant visas or green
cards. The interviewer witl not be trying
to make you feel comfortable. His or her
job is to push a person with questions
until the pet'SQn trips himself up, confesses to marriage fraud, or finally convinces
the interviewer that the marriage is real.
Usually, straightforward, hard questioning is enough. Couples perpetrating a
fraudulent marriage can do all the homework in the world, but when one of them
forgets or does not know the answer to an
obvious question - like where they went
right after their wedding - that applicant
often crumbles and confesses.
Occasionally, a hard-nosed USCIS officer will engage in harsher tactics, such as
falsely telling someone that their spouse
has already confessed that the marriage is

bogus, in order to push the interviewee

into confessing. Or, the officer may use
flat-out intimidation, reminding the interviewee about the jail time and money
fines a person faces if caught committing
marriage fraud.
Sensing that the interviewee is feeling
low, the officer may ask him or her to
sign something withdrawing the visa
petition or stating that the marriage is a
fraud. If your marriage really is an honest
one, do NOT agree to or sign anything.
Ask to stop the interview and to reschedule with a lawyer present.

Please note this this article does not constitute legal advice. Please consult with
an attomey. Remember, the lawyer you
hire, does make a difference!

. ].

.~1A e-

I c;" -- -

:S~D

tl u/1_{~.

including juveniles, Iraqi and Afghani

translators for the U.S. military, and victims of domestic violence including
spousal, child, and elder abuse. On the
I360, Salis wrote in a non-recognized eligibility category such as "Dream Act" or
"Self-Petitioning Parent of a US Citizen
Child." For those with U.S.-bom children, he wrote in the child's name under
the section where the U.S. citizen
abuser's name and information was
required, even though there were no allegations of elder abuse against the petitioner. Oftentimes, these children were
toddlers. Along with the 1360. Salis also
filed an 1485 fonn for an adjustment of
status and an 1765 form for the employment authorization. Although temporary
work permits were issued because of the
underlying 1360s and I485s, the 1360s
and I485s were all subsequently denied,
and the denial letters were seut to Salis's
law office.

;z_
lllilll

FREE

D.B.A~OF LO. INC.

ISSUE 51 VOLUME 12 .

C1,ribbta

A newspaper for, produced and owned by Can"bbean people- the largest Caribbtlln-owned, circulated publication. in New York/
TO

IN OUR PUBLICATION CALL 71

VOTE
TEACHOUT
FOR
GOVERNOR!
She's Better
the
Minority Communities
Caribbean &

O~a11ta's Propo~e~ ........

Artanes'!Y, tp 'Expatid

.BY DANNOWlCKl &DANrELGONZALEZ.

!:Sig or.small, .it could scrapible U.S. politics just weeks before the Nov. 4 congressional rnidtenn eleetions and reverberate
into tl1e 2016 presidential election.
Obama's unilateral move to provide
deportation relief risks hurting the reelection campaigns of some fellow
Democrats in the Senate and House by
angering Republicans voters and
spurring them to the polls.
A political backlash toul<l help

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Hispanic & Caribbean Leaders Call on

Mayor de Blasio to Change Intro 911 Law
BY VANDELL PARK

he New York State Coalition of

Hispanic Chambers of Commerce
(NYSCHCC). The New American
Chamber of Commerce and other local
minority chambers of commerce are calling
on Mayor Bill de Blasio to immediately
implement changes to New York City Intro
911 Law, also known as NYC Local l Law_
Chamber officials says the law put in place
by fonner mayor Michael Bloomberg, is

The Economic Injustice Press Conference

discriminatory and deprives minority businesses and contractors an l:'quitable share of

City contracts. The minority chamber oflicials say Mayor de Blasio, while on the
campaign trail, promised to fix the disparity the law presents to minority -owned
businesses. but eight months into office he
has only continued to enforce the Intro 911
law, and has further deprived minority
businesses and contractors.
At a recent press conference held on the

continued on page 22

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a. Statement of Indictment

b. Inflammatory Press Release circulated to Associated

Press and other press organizations, fellow attorneys and
clients with intent to damage the reputation of the
defendant. Prosecutor misconduct can assume many
forms, including making statements to the media that are
designed to arouse public indignation
c. The Indictment Proper

12

Ex. 12

SUPREME COURT OF THE CITY OF NEW YORK

COUNTY OF NEW YORK: PART 52

THE PEOPLE OF THE STATE OF NEW YORK

-againstINDICTMENT# 2624/2014
STATEMENT OF FACTS

OWOLABI M. SALIS
Defendant.

Defendant Owolabi Salis, is a registered attorney who practices immigration law and
operates from offices in Manhattan and Brooklyn. Salis has a law firm called Salis Law P.C., also
known as Salis and Associates. As a registered attorney, Salis was trusted by numerous immigrants
who sought his legal counsel and advice. As alleged in the indictment, Salis made material
misrepresentations to his immigrant clients and told them that they qualified for lawful permanent
residence (green cards) and other immigration benefits when they did not. He obtained work
permits for these immigrants and misrepresented to them the facts surrounding the manner in which
the cards were acquired and the length for which they would be valid. Based on Salis' actions,
numerous immigrants were led to falsely believe that they qualified for benefits when they did not.
After the work permits were sent to Salis' office rather than the immigrants' homes, he then
demanded $4500 on top of the immigration filing fees, file opening fees, biometrics letter fees and
consultation fees they already paid.
To facilitate his scheme, and unbeknownst to his victims, Salis used the 1360 form, which is
reserved for special immigrants including juveniles, Iraqi and Afghani translators for the U.S.
military and victims of domestic violence including spousal, child and elder abuse. On the 1360,
Salis would write in a non-recognized eligibility category such as "Dream Act" or "Self-Petitioning
Parent of a US Citizen Child." For those with U.S. born children, he would write in the U.S. born
child's name under the section where the U.S. citizen abuser's name and information was required,
even though there were no allegations of elder abuse. Oftentimes, these children were toddlers.
Along with the 1360, Salis would also file an 1485 form for an adjustment of status and an 1765 form
for the employment authorization.
As is the practice of the United States Department of Homeland Security's Citizenship and
Immigration Services with any pending adjustment of status application, while the 1360s and I485s
were being adjudicated, temporary employment authorization cards were issued solely on the basis
of an existing pending adjustment of status application. Salis would then tell immigrants that they
were approved and to come to his office to pick up their work permits which would only be released
upon their payment of $4500. What the immigrants were not told was that these work permits were
temporary and were based on a fraudulent underlying adjustment of status petition.
The I360s and I485s were all subsequently denied, and the denial letters were sent to the
Salis Law Office. Immigrants were not told they were denied until they came back the following
year to renew their work permits which was sometimes months after the denial letter was initially
sent, some immigrants were never told they were denied and instead new sets of fraudulent forms
were filed on their behalf.

Salis is charged with two counts

190.65(1)(a) and P.L. 190.65(1)(b), nine
155.35(1), one count of Attempted Grand
eight counts of Falsifying Business Records

of Scheme to Defraud in the First Degree P.L.

counts of Grand Larceny in the Third Degree, P.L.
Larceny in the Third Degree P.L. 110/155.35(1), and
in the First Degree, P.L. 175.10.

ess Release Counter - Google Docs

Page 10 of

Cyrus R. Vance, Jr,

District Attorney, New York County

For Immediate Release

July 24, 2014

DA VANCE: ATTORNEY INDICTED FOR DEFRAUDING
CARIBBEAN, CENTRAL AND SOUTH AMERICA, AFRICA

IMMIGRANTS

FROM

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictment of
OWOLABI SALIS, 51, an immigration law attorney, for defrauding at least 30 victims, many
of them immigrants from the Caribbean Islands, South American, Central American, and
African countries. SALIS is charged with multiple counts of Grand Larceny in the Third
Degree, Attempted Grand Larceny in the Third Degree, Scheme to Defraud in the First
Degree, and Falsifying Business Records in the First Degree.[1]
"The immigrants in this case wanted to do the right thing by hiring a licensed attorney to
guide them and their families through various legal processes," said District Attorney
Vance. "Instead of providing them with honest representation and advice, the defendant is
accused of taking advantage of their trust and stole from them. I encourage victims of
immigration fraud to contact my Office's Immigrant Affairs Hotline at 212-335-3600."
Special Agent in Charge of HSI New York James T. Hayes, Jr., said: "Committing a scheme to
defraud immigrants is a serious matter made all the more disturbing when it is committed
by a licensed officer of the court whose job is to assist them. Lawyers and other service
professionals who profit through fraud will not be tolerated, and HSI will aggressively
investigate anyone seeking to exploit and compromise our nation's immigration system."
Phyllis Coven, USCIS New York District Director, said: "USCIS places a high priority on
combatting immigration services scams. USCIS will continue to work with the District
Attorney's office and other partners to educate the community on how to avoid
immigration scams and to empower them to report those who take advantage of others."
According to documents filed in court and statements made on the record in court, SALIS
is a registered attorney who practices immigration law at his own firm, Salis Law P.C., also
known as Salis and Associates, with offices in downtown Manhattan and Brooklyn. The
defendant falsely told his immigrant clients that they qualified for lawful permanent
residence (green cards) and other immigration benefits, when they in fact did not. He
charged each victim more than $4,500 for the fraudulent services. It is alleged that SALIS
obtained work permits, which are automatically issued on a temporary basis while an
underlying adjustment of status petition is pending, for his clients and misrepresented to
them the facts surrounding the manner in which the cards were acquired. After the work
permits were sent to his office rather than the immigrants' homes, SALIS demanded
$4,500 on top of the fees they already paid. The defendant did not tell the victims that
these work permits were temporary and would be terminated once the fraudulent
underlying adjustment of status petition was denied.
To facilitate his scheme, and unbeknownst to his victims, SALIS is accused of using the
federal 1360 form, which is an immigration petition for permanent residence reserved for

ps://docs.google.com/document/d/1 G W akLFDjsBxdlNVScdLkILNp-QdYlUZ5kpAtC51 qbXY/edit

9/16/20

ess Release Counter - Google Docs

Page 11 of

special immigrants including juveniles, Iraqi and Afghani translators for the U.S. military,
and victims of domestic violence including spousal, child, and elder abuse. On the 1360,
SALIS wrote in a non-recognized eligibility category such as "Dream Act" or
"Self-Petitioning Parent of a US Citizen Child." For those with U.S.-born children, he wrote
in the child's name under the section where the U.S. citizen abuser's name and information
was required, even though there were no allegations of elder abuse against the petitioner.
Oftentimes, these children were toddlers. Along with the 1360, SALIS also file.d an 1485
form for an adjustment of status and an I765 form for the employment authorization.
Although temporary work permits were issued because of the underlying 1360s and 1485s,
the 1360s and I485s were all subsequently denied, and the denial letters were sent to
SALIS's law office.
Assistant District Attorney Rosemary Yu, Co-Director of the Immigrant Affairs Program, is
handling the prosecution of this case, under the supervision of Assistant District Attorney
Archana Rao, Deputy Chief of the Special Prosecutions Bureau, Assistant District Attorney
Michael Sachs, Chief of the Special Prosecutions Bureau, and Executive Assistant District
Attorney David Szuchman, Chief of the Investigation Divisions. Financial Accountant Peter
Chicola and Paralegals Jacob Pang and Bridgette Smith assisted with the investigation.
District Attorney Vance thanked the USCIS-NY Field Office and Vermont Service Center,
Homeland Security Investigations (HSI), particularly the following individuals: Homeland
Security Investigations Special Agent Peter Giannako:s and Citizenship and Immigration
Services Immigration Officer Dennis Young, the Departmental Disciplinary Committee of
the Unified Court System, and the Southern District of New York - Asset Forfeiture Unit.
(1] The charges contained in the indictment are merely allegations, and the defendant is
presumed innocent unless and until proven guilty. All factual recitations are derived from
documents filed in court and statements made on the record in court.
Defendant Information:
OWOLABI M. SALIS, D.O.B. 1/3/1963
Brooklyn, NY
Charges:
Grand Larceny in the Third Degree, a class D felony, 9 counts
Attempted Grand Larceny in the Third Degree, a class E felony, 1 count
Scheme to Defraud in the First Degree, a class E felony, 2 counts
Falsifying Business Records in the First Degree, a class E felony, 8 counts

:ps://docs.google.com/document/d/1 G W akLFDjsBxd!NVScdLkILNp-QdYIUZSkpAtCS l q bXY/edit

9/16/20

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
THE PEOPLE OF THE STATE OF NEW YORK
-againstOWOLABI M. SALIS,
Defendant.

THE GRAND JURY OF THE COUNTY OF NEW YORK, by this indictment, accuses the
defendant of the crime of SCHEME TO DEFRAUD IN THE FIRST DEGREE, in violation of
Penal Law 190.65(1 )(a), committed as follows:
The defendant, in the County of New York, during the period from on or about September
2009 to on or about May 2014, engaged in a scheme constituting a systematic ongoing course of
conduct with intent to defraud ten or more persons and to obtain property from more than ten or
more persons by false and fraudulent pretenses, representations and promises, and so obtained
property from one or more such persons.

SECOND COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the
crime of SCHEME TO DEFRAUD IN THE FIRST DEGREE, in violation of Penal Law
l 90.65(1)(b), committed as follows:
The defendant, in the County of New York, during the period from on or about September
2009 to on or about May 2014, engaged in a scheme constituting a systematic ongoing course of
conduct with intent to defraud more than one person and to obtain property from more than one
person by false and fraudulent pretenses, representations and promises, and so obtained property
with a value in excess of one thousand dollars from one or more such persons.

THIRD COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the
crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law 155.35( I),
committed as follows:
The defendant, in the County ofNew York, during the period from on or about October 24,
2011 to on or about April 3, 2013, stole property from an individual known to the grand jury and the
value of the property exceeded three thousand dollars.

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FOURTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the
crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law 155.35( I),
committed as follows:
The defendant, in the County of New York, during the period from on or about October 21,
2011 to on or about May 13, 2013, stole property from an individual known to the grand jury and
the value of the property exceeded three thousand dollars.

FIFTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the
crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law 155.35(1 ),
committed as follows:
The defendant, in the County of New Yark, during the period from on or about November
21, 2011 to on orabout January 14, 2014, stole property from an individual known to the grand jury
and the value of the property exceeded three thousand dollars.

SIXTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the
crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law 155.35( I),
committed as follows:
The defendant, in the County ofNew York, during the period from on or about October 9,
2012 to on or about February 28, 2014, stole property from an individual known to the grand jury
and the value of the property exceeded three thousand dollars.

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SEVENTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the

crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law 155.35( I),
committed as follows:
The defendant, in the County of New York, during the period from on or about January 31,
2011 to on or about July 13, 2012, stole property from an individual known to the grand jury and the
value of the property exceeded three thousand dollars.

EIGHTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the de fondant of the

crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law 155.35(1),
committed as follows:
The defendant, in the County of New York, during the period from on or about December
JO, 2010toon or about March 2012, stole property from an individual known to the grand jury and

the value of the property exceeded three thousand dollars.

NINTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the
crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law 155.35( I),
committedas follows:
The defendant, in the County of New Yark, during the period from on or about May 2, 2011
to on or about April 2012, stole property from an individual known to the grand jury and the value
of the property exceeded three thousand dollars.

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TENTH COUNT:
AND THE GRAND JURY AFORESAID. by this indictment, further accuses the defendant of the
crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law l 55.35( l ),
committed as follows:
The defendant, in the County of New York, during the period from on or about May 5, 2011
to on or about April 2012, stole property from an individual known to the grand jury and the value
of the property exceeded three thousand dollars.

ELEVENTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment. further accuses the defendant of the
crime of GRAND LARCENY IN THE THIRD DEGREE, in violation of Penal Law 155.35( I),
committed as follows:
The defendant, in the County of New York, during the period from on or about October 21,
2011 to on or about August 2013, stole property from an individual known to the grand jury and the
value of the property exceeded three thousand dollars.

TWELFTH COUNT:
AND THE GRAND JURY AFORESAID. by this indictment, further accuses the defendant of the
crime of AN ATTEMPT TO COMMIT THE CRIME OF GRAND LARCENY IN THE

THIRD DEGREE, in violation of Penal Law 110/155.35(1), committed as follows:

The defendant, in the County of New York, during the period from on or about October
2011 to on or about April 25, 2012, attempted to steal property from an individual known to the
grand jury and the value of the property exceeded three thousand dollars.

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THIRTEENTH COUNT:
AND TJ-rn GRAND JURY AFORESAID, by this indictment, further accuses the defendant

of the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of

Penal Law 175.10, committed as follows:
The defendant, in the County of New York, on or about October 26, 2011, with the intent to
defraud which included an intent to commit another crime and to aid and conceal the commission
thereof. made or caused a false entry in the business records of the United States Department of
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Homeland Security, to wit, form 1360 with a receipt number ending in 50366.

FOURTEENTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant
of the crime ofFALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of
Penal Law 175.10, committed as follows:
The defondant, in the County of New York, on or about October 15, 2012, with the intent to
defraud which included an intent to commit another crime and to aid and conceal the commission
thereof: made or caused a false entry in the business records of the United States Department of
Homeland Security, to wit, form 1360 with a receipt number ending in 50640.

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FIFTEENTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant
of the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of
Penal Law 175.10, committed as follows:
The defendant, in the County of New York, on or about September 14, 2013, with the intent to

defraud which included an intent to commit another crime and to aid and conceal the commission
thereof, made or caused a false entry in the business records of the United States Department of
Homeland Security, to wit, fonn 1360 with a receipt number ending in 50603.

SIXTEENTH COUNT:
ANDTHE GRAND JURY AFORESAID, by this indictment, further accuses the defendant
of the crime ofFALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of
Penal Law 175.10, committed as follows:
The defendant, in the County of New York, on or about January 28, 20 I l, with the intent to
defraud which included an intent to commit another crime and to aid and conceal the commission
thereof, made or caused a false entry in the business records of the United States Department of
Homeland Security, wit, fonn 1360 with a receipt number ending in 50232.

)/)--\
SEVENTEENTH COUNT:
ANDTHE GRAND JURY AFORESAID. by this indictment, further accuses the defendant
of the crime ofFALSIFYING BUSINESS RECORDS IN THE FffiST DEGREE, in violation of
Penal Law 175. l 0, committed as follows:
The defendant, in the County of New York, on or about December 10, 2010, with the intent
to defraud which included an intent to commit another crime and to aid and conceal the commission
thereof. made or caused a false entry in the business records of the United States Department of
Homeland Security, to wit, form 1360 with a receipt number ending in 50852.

EIGHTEENTH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant
of the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of
Penal Law 175.10, committed as follows:
The defendant, in the County of New York, on or about May 20, 2011, with the intent to
defraud which included an intent to commit another crime and to aid and conceal the commission
thereof, made or caused a false entry in the business records of the United States Department of
Homeland Security, to wit, form 1360 with a receipt number ending in 50571.

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NINETEENTH COUNT:
AND THE GRAND JURY AFORESAID. by this indictment, further accuses the defondant

of the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of

Penal Law 175.10, committed as follows:
The defendant, in the County of New York, on or about May 20, 2011, with the intent to
defraud which included an intent to commit another crime and to aid and conceal the commission
thereof, made or caused a false entry in the business records of the United States Department of
Homeland Security, to wit, form 1360 with a receipt number ending in 51039.

TWENTIETH COUNT:
AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the
crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal
Law 175. l 0, committed as follows:
The defendant, in the County of New York, on or about November 2, 2011, with the intent
to defraud which included an intent to commit another crime and to aid and conceal the commission
thereof. made or caused a false entry in the business records of the United States Department of
Homeland Security, to wit, fonn 1360 with a receipt number ending in 50554.

CYRUS R. VANCE, JR.

District Attorney

GJ #8-158

11

NA

Filed:

No.~ - -

NA

'

-1
THE PEOPLE OF THE STATE OF NEW YORK
-againstOWOLABI M. SALIS,
Defendant.

INDICTMENT
SCHEME TO DEFRAUD IN THE FIRST DEGREE, P.L. 190.65( I )(a)
SCHEME TO DEFRAUD IN THE FIRST DEGREE, P.L. 190.65(1)(b)
GRAND LARCENY IN THE THIRD DEGREE, P.L. 155.35(1), 9 Cts
AN ATTEMPT TO COMMIT THE CRIME OF GRAND LARCENY IN THE THIRD DEGREE, P.L. 110/155.35(1)
FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, P.L. 175.10, 8 Cts

CYRUS R. VANCE, JR., District Attorney

A True Bill
Rosemary Yu
Special Prosecutions Bureau
ADJOURNED TO PART

Foreman
ON _ __

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Penal

155.35 Grand larceny in the third degree.

A person is guilty of grand larceny in the third degree when he or she steals property and:
1. when the value of the property exceeds three thousand dollars, or
2. the property is an automated teller machine or the contents of an automated teller machine.
Grand larceny in the third degree is a class D felony.
Penal

190.65 Scheme to defraud in the first degree.

1. A person is guilty of a scheme to defraud in the first degree when he or she: (a) engages in a
scheme constituting a systematic ongoing course of conduct with intent to defraud ten or more
persons or to obtain property from ten or more persons by false or fraudulent pretenses,
representations or promises, and so obtains property from one or more of such persons; or (b)
engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more
than one person or to obtain property from more than one person by false or fraudulent pretenses,
representations or promises, and so obtains property with a value in excess of one thousand dollars
from one or more such persons; or (c) engages in a scheme constituting a systematic ongoing
course of conduct with intent to defraud more than one person, more than one of whom is a
vulnerable elderly person as defined in subdivision three of section 260.30 of this chapter or to
obtain property from more than one person, more than one of whom is a vulnerable elderly
person as defined in subdivision three of section 260.30 of this chapter, by false or
fraudulent pretenses, representations or promises, and so obtains property from one or more
such persons.

2. In any prosecution under this section, it shall be necessary to prove the identity of at least one
person from whom the defendant so obtained property, but it shall not be necessary to prove the
identity of any other intended victim, provided that in any prosecution under paragraph (c) of
subdivision one of this section, it shall be necessary to prove the identity of at least one such vulnerable
elderly person as defined in subdivision three of section 260.30 of this chapter.
Scheme to defraud in the first degree is a class E felony.
Penal
175.10 Falsifying business records in the first degree.

A person is guilty of falsifying business records in the first degree when he commits the crime of
falsifying business records in the second degree, and when his intent to defraud includes an intent
to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.

Case Details - Charges

Page I of 2
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WebCrims

Case Details - Charges

CASE INFORMATION
Court:
Case tt:
Defendant:

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h..trgf'

.__I PL 155.35 01
i **TOP

New York Supreme Court - Criminal Term

02624-2014
Salis, Owolabi M

0 Felony, 9 counts, Not an arrest charge, Not an arraignment charge

--~~-:---:-----

J!i--.pO,ltHJl):'.nttt'UCl' j

CHARGE*"' Description:
Grand Larceny 3rd Degree
Indictment Count: 5
Date Added:
06/19/2014

JPL 155.35 01

D Felony, 9 counts, Not an arrest charge, Not an arraignment charge

Description:
Grand Larceny 3rd Degree
Indictment Count: 9
Date Added:
06/19/2014

I
'

--1Pl 175.10 00

E Felony, 8 counts, Not an arrest charge, Not an arraignment charge

Description:
Falsify 8ustnes Rcrds-1st
Indictment Count: 15
Date Added:
06/19/2014

IPL 155.35 01

li

PL 155.35 01

PL 155.35 01

Pl 175.10 00

~ IPL>90.65

E Felony, 8 counts, Not an arrest charge, Not an arraignment charge

Description:
Falsify Busines Rcrds-1 st
Indictment Count: 18
Date Added:
06/19/2014

l0

155.35 01

\ ..~.....

,[h 11~155.35
I
175.10 00

I
IPL 175.10 00

D Felony, 9 counts, Not an arrest charge, Not an arraignment charge

Description:
Grand Larceny 3rd Degree
Indictment Count: 11
Date Added:
06/19/2014

II

J Pl

0 Felony, 9 counts, Not an arrest charge, Not an arraignment charge

Description:
Grand Larceny 3rd Degree
Indictment Count: .10
Date Added:
06/19/2014

IIPL

D Felony, 9 counts, Not an arrest charge, Not an arraignment charge

Description:
Grand Larceny 3rd Degree
Indictment Count: 3
Date Added:
06/19/2014

IPL 190.65 lA

E Felony, 1 count, Not an arrest charge, Not an arraignment charge

Description:
Scheme Def 1st:property> $1000
Indictment Count: 2
Date Added:
06/19/2014

D Felony, 9 counts, Not an arrest charge, Not an arraignment charge

Description:
Grand Larceny 3rd Degree
Indictment Count: 8
Date Added:
06/19/2014

01 E Felony, 1 count, Not an arrest charge, Not an arraignment charge

Description:
Attempted Grand Larceny 3rd Degree
Indictment Count: 12
Date Added:
06/19/2014

E Felony, 8 counts, Not an arrest charge, Not an arraignment charge

Description:
Falsity Busines Rcrds-lst
Indictment Count: 17
Date Added:
06/19/2014

E Felony, 8 counts, Not an arrest charge, Not an arraignment charge

Description:
Falsify Busines Rcrds-lst
Indictment Count: 14
Date Added:
06/19/2014

E Felony, 1 count, Not an arrest charge, Not an arraignment charge

file:///C:/Users/admin/AppData/Local/Temp/Low/NIH36TAO.htm

7/29/2014

I
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Case Details - Charges

Page 2of2

\
Description:
Scheme Def 1st: 10 Or> Persons
Indictment Count: 1
Date Added:
06/19/2014

I
I

PL 155.35 01

D Felony, 9 counts, Not an arrest charge, Not an arraignment charge

Description:
Grand Larceny 3rd Degree
Indictment Count: 4
06/19/2014
Date Added:

PL 155.35 01

D Felony, 9 counts, Not an arrest charge, Not an arraignment charge

Description:
Grand Larceny 3rd Degree
Indictment Count: 6
Date Added:
06/19/2014

PL 175.10 00

E Felony, 8 counts, Not an arrest charge, Not an arraignment charge

Description:
FiJ/sify Busines Rcrds-lst
Indictment Count: 19
Date Added:
06/19/2014

PL175.1000

E Felony, 8 counts, Not an arrest charge, Not an arraignment charge

Description:
Falsify Busines Rcrds- lst
Indictment Count: 20
Date Added:
06119/2014

PL 175.10 00

E Felony, 8 counts, Not an arrest charge, Not an arraignment charge

Description:
Falsify Busines Rcrds-Jst
Indictment Count: 13
Date Added:
06/19/2014

PL 175.10 00

E Felony, 8 counts, Not an arrest charge, Not an arraignment charge

Description:
Falsify Busines Rcrds-1 st
Indictment Count: 16
Date Added:
06/1912014

.35 01

D Felony, 9 counts, Not an arrest charge, Not an arraignment charge

Description:
Grand Larceny 3rd Degree
Indictment Count: 7
______ Date Added:
06/19/201_'!_ _

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file:///C:/Users/admin/ AppData/Local/Temp/Low/NJ H36TAO.htm

______ - - - - - - - -

7/29/~

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Immigration Scam
Andrew Keshner, New York Law Journal

July 25, 2014

An immigration attorney has been indicted for allegedly defrauding clients by misrepresenting legal
requirements, filing defective applications and taking their money.
Manhattan prosecutors have accused Owolabi Salis of scamming at least 30 clien(s.hailing from
(---~-""'",.. , /

He allegedly told clients that they qualified for lawful permanent r~id~flce when they did not and
failed to inform them that the work permits they received wer~'temporary . --
Salis, 51, had offices in Manhattan and Brooklyn, and allegedly charged victims more than $4,500
each for his representation. He pleaded not guilty at his arraignment Thursday before Acting
Manhattan Supreme Court Justice Thomas Farber. Bail was set at $250,000 cash or bond.
He faces up to 21/3 to 7 years in prison on each of the nine counts of third-degree grand larceny, a
D felony.
"The immigrants in this case wanted to do the right thing by hiring a licensed attorney to guide
them and their families through various legal processes. Instead of providing them with honest
representation and advice, the defendant took advantage of their trust and stole from them,"
Manhattan District Attorney Cyrus Vance, Jr. said in a statement.
Assistant District Attorney Rosemary Yu, co-director of the office's Immigrant Affairs Program,
appeared for the prosecution. Eric Orzick of Orzick & Hupert in Manhattan appeared for Salis.

Copyright 2014. ALM Media Properties, LLC. All rights reserved.

~,

13

Search Warrant Affidavit.

The affiant spoke to 3 people and the whole office was
raided with over 1000 clients.

,,Ex. 13

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK.

IN THE MATfER OF ANAPPLICATION FORA

WARRANT TO SEARCH TIIBPREMISES LOCATED AT

117.9 EAsTERN PARKWAY 1st and znd Floors~ BROOKLYN, NEW

Y()Ri( ("TARGET LOCATION

l;~) and 65

BROADWAYSUTIE

833, NEW YORK, NEW YORK (''TARGETLOCA.TION2'1),

together referred to ru; "THE TARGET PREMisesi

AFFIDAVIT IN SUPPORt OF SEARCH WARRANT

Special AgentPe~ Giannakos, shield #1984 being dwy sworn, depOses and says:
1.
I am a.federal agent assigned to the Documents and Benefit Fratid Task.Force of the
United States Department of Homeland Security's rfomeland Security In~ga.tio~ (HSI), I have
been deputized with the ~ttan District AttomeY' s Office .and as such l am a public servant of
tQ.e kind specified in CPL 690.05(1). I have been an agent for approximately :five years; and w~ a
police offic-er with the New York City .Police Department for approximately 19 months. I have
participated hi the execution ofmore than ten search wamm.ts in the course of my career.
2.
~ affidavit iS submitted in support of an application for a wammt: to search 1179
Ba$tem Parkway, Brooklyn New Yotk(HTAROET LOCATION l'') and 65 Broadway Suite 833.
New York, New York ("TARGET LOC.ATION 2"), and the p~on of OWOLABI SALIS if

present therein, where there is rea.Sonable cause to believe that property pro.ceeds, and evidence
of the commission of the below crimes, among others, and an .attempt and con&piracy to commit
the below crimes, 1Jlay be found:
j

Grand Larceny (P.L. lS5.30 et. seq.)

Schemeto Defral.lcl (P.L. 190.65 et. seq.).

'

Fals.ifyingBusiness Records (P.L. 175.10)

3.
The information, contajned in. this affidavit is based upon interViews With
Witnesses, reviews of witn.essest statements or reports by others who conducted interviews. my
convetsati'ons :with other law enforcement .officials~ my review of documents related to this
inv~ngation. perso.nal observations. or reports of observations of other law enfurcement;ofticials,
and inferences I have drawn from this infonnation. It does not, howeyer,. include all of the
information known to me with {spect to this investigati<:>n, but only the infohnation that is

necessary to establish the requisite 'probaQie cause.

4.
The property, proceeds, and evi~nc~ of the corrunission of, participation in, or
involvement in the apove crimes .that may be found in Tf-m TARGET PREMISES, includes, but
is not limited to:
Fonns~

materials, notes, records photographs and documents whether

contained. on paper in . handwritten, typed, .photocopied, or printed form, or within
COJ11p\lter swrage nre.~ incluqmg, but not limjted to, laptop Or desktop cotn.pliters,
tablets, hard drives, USB devices, flash cards and drives. magnetic tape, CD
ROMs, disks; c;lj.skettes, photo-optical deyices, or h,an4held computer devices, or
any other mecli,um, of or related to immigration applications and other immigration
docmnents;
a.

b.
Correspondence, inventories, calendars, joumals, messages, memoranda,
appointment bQ.oks and other documents regarcling clients' immigration proceed.W.g8;
c.
All laptop computers, desktop computers, and computer tc!blets; all
computer $torage me4.ia, including, ~ut not limited ti.), bard drives; USB devices,
flash cards and drives, magnetic tape, CD ROMs, disks, diskettes; photo{>ptical
devices, or handheld comp.uter devices; and all ace~sorie~, hardware, software, and
other equipment or devices used in coajunction with the above-described computers
and oomputer storase tnedia;
d.
United States currency. money orders, bank checks, personal checks,
financial records of all types, stored in bptb. tangible 8Jld electronfo forril, includii:J.g
but not limited to aceoUilt statements, deposit slips, checks and correspondence;
e.
Evid~ce of ownership and use of THE TARGET PREMISES, moiuding,
but not limited to, mail; keys; ~lephone bills, bank statements, l~es. deeds, rent
receipts identification bearing the name or photograph of any pers0n,_ telephone
books, address books, date books, calendars, and personal papers, whether these. iteJ'.IlS
are in Tiffi TARGET PREMISES or in the: abow-descn'bed computers~ computer
storag~ medilit or electronic communication equipment

5.
It ls also requel!!ted for evidentiary purposes that this Colirt grant authorization for
law enforcement personnel to videotape and photograph the interior of THE 1'ARGET

PREMISES.
6.
With resp.ect to the store4 electronic CQm.ttlunicatiens, da~ infonnatioti and
images. contained in computers, computer storage media, electronic coitllnunieation equipment,
and other data storage devices and media described abov~ it is.~so request~ that this Court
grant p~ion tQ search and retrieve the a})ove~described conununicatiorts, data, information,
and images, and to print them or otherwise n~produre,them by converting
or eopying them
in.to storage. in another device~

them

It. is specifically requested that the sea.rch. warrant authorize the seizure. and
of any and all computers. comptiter storage med~. electronic coimil:unication
eqUipment~ other data storag~ devices and media. described above. ~d any related accessories,
hardmire. and software for off~site searching, Based. upon. my training and experience, the
examination of such devices can be a time-consuming process due to the constantly chatigl:ng
universe of technologi~. m.od~ls, operation systems. and types. ofcontent stored. Becamre of
7.

remov~

the volume of evidence and technical requirement$ of forensic examination. I 8Ill aware thatseE"Qhing ~d seizing information from such devices often requires police officers to seize most
or all such devic.es along with related peripherals and software to be searched later by a qualifiecl
persQn in a ltt:bo1'a4>ry or other controlled environment.
8.
lt is .also requested that the warrant be ~rn~ ex:ecqted once any computers.
computer storage medi~ electronic comm:p.ication eqtiipment, and other data storage devices

and media have been seized, and that further analysis of these items be permitted at any time
thereafter.

9.
As set forth befow, there iS roa$onable cause to believe the above.-described property
has been used, ~ possessed for the purpo&e of being used, and is still being used to 0mmit or
conceal the commission of an offense, and the above-described property constitutes evidence or
teJlds to demonstrate that. an offepse was ~ommitted or that. a partfu.ular person participated in the

oorilmission of an offense.
I am the case a,gep.t inveStigafua:g the actions ofOwolabi Salis, an immigration
attorney who operates from offices from TARGET LOCATION 1 and TARGET LOCATION 2,
herei~. THE TARGET PRE~SES, and previously at 42 Broa4way Suite 1133 ip,
Manhattan. I am working with, and have spoken to, immigration officers from the. United States
Citizenship and Immigration Services, ap_ affiliated agency within the United States D~partm.ent
of Homeland Security regarding the filings of Owolabi Salis.. I ani also informed by at least ten
immigrant witnesses, whose identities and addresses are known to the U.S. Oepartnient of
Homelan4 Secwity and the New York Coun,ty District Attomey,s Office that Salis operates a
law firm called Salis Law P .C.1 also kn.own aS Salis and Associates. Based o.n my conversations 1
:with these witnesses and. ftom my revf~w of various immigration documents, I believe S~is1
.made material .miSrep~entations to his i:rrimigrant clients and told them that they qualified for '
;legal permanent residence (green cards) .and other immigration benefits when.. they d.icl not.. He ,
/ obtaine4. work. permits for. these immi~ants and misrepresented t? them the facts surto':111ding the 1
\~e~ m v.:meh the cards ~ere ~acquired :and the length for ~hich they. would. ~ valid. Based/,' \
,pn $a.li$' e.tiQD.S; ~wnerous unn:ngrants were led to falsely believe that they qualified for benefit'.$~
; Jwh~n they did not. After the work permits were sent to Salisl offiee rather than the immigrants.';
homes~ he then demanded $4500 on top of the. immigration filing fees, fil~ opening fees~
biometrics letter fees and consultation fees th,ey already paid. Many of these fumiigrants paid in
cash, 'as ~structed
by Salis. Others paid with money orders, bank cheeks or personal checks.
.. 10.

~7

\ :

(a) On March 27, 2014, I met with immigrant "J.W." who infontled m:e that he
I fitst went to Salis in Oc.tober of 2011 'at 42 Broadway $ui~e 1133 in New YQ~k
~\ County to receive 9onsultation and legal advice. Salis informed irtunigram
)J.W. that he qualified for itninigtation benefits because of ~,scb~oling and
i eQ:uc~on,. In ad~tion to legal fees and tiling fees, J.W. paid Salis $4500 in
f ~ew York County fot a work pertriit in April 2012 and the f~. for a :renewa.1.
OVel' the summer of 2013, J.W. w~nt to TARGET.LOCATION 1 to inquire
about the status of his renewal. J. W. also asked for a copy of his paperwork
when he was at TARGET LOCATION 1 and although it was not originally
releaseq, eventually~ Salis gave J.W. a partial copy of his paperwork later on
that summer.

i.W. 's underlying petition was denied on June 25, 2.01'.3.

CT>) On March 28, 2014, I met with immigrant ''F.C.V." who informed.me that he
rJ first met with Salis at 42 Broadway in New York County in approximately
1
:

July 2012 when Salis told F.C.V. he qualified fot a Work pen.nit and
\ something. more permancmt later on., l'.leither of which w~ true. After
.1 receiving the temporary 'Work pennit, he paid a total of $9000 for him and his

.;:.lJ

wife, in addition to legal fees .and filing fees. In September 2013, he went to
TARGET LOCATION 1 to renew his work pem:iit and was never told that bis
undetlyitlg petition was denied in April 2013 or that his workpermitW8$. no
longer valid.

(~)J On April 3, 2014, i met with immigrant "C.M." who infonned m.e thJlt he also

I went to Salis in October of2011 at 42 Broadway in New York County.

Salis 11
)\ informed immigrant C.M. that he qualified. for imhllgnrtion benefits because f \.
;~ of_his sc~o~lir:s and educa~on. 1n llddition to legal fees
filing fees, C.M. I \

and

JI
J

paid ~Sahs. m lllStallm~nts m New York County when ~e t!~porary.

. w.ork/

perout amved. For ~.M. 's renewal paperwork and all mqumes thereaftei(
C.M. went to TARGET LOCATION 1 to speak with either Salis or hiS
secretaries~ Despite having goneTepeatedlyto TARGET LOCATION 1 while
he was applying or awaitinghi~ rei;tewal~ C,:.M. was never told until February
2014 that his underlying petition was filed and had been denied or that his.
work pertnit was no lOn{?;er valid

To facilitate his. scheme, and unbeknownst to his victims, Salis subt:nitted the 1360
Forw. which is typically used for special immigrants induding juveniles, Iraqi and Afghani
translato!S for the U.S. military and victims of domestic -violence including spqusa,17 ~bil(i a,nd
elder abus~. 1 l lia.ve reviewed numerous immigration .files and forms, including the fornis filed
for i.mJ:ni;gtfUltS J.W., C.M. and F.C.V., which ate records of the United States Departtnent of
Homeland :seeurity, and ~n the 1360 Sa.mi would till"':in non-recogized npn-eligible categories
such ~ tDefeued Action Request - Dream Acf' or ''Self-Petitioning Patent of a US Citizen
Child.'' For those with U.S. horn children, b.e would till-in in the U.S. boTIJ; child's name under
the section where the U.S. citizen abusers name and information was required,.even though
11.

there were no allegations of elder abuse. Oftentimes; these children W'<re toddle~. Alop.g witl:i
the 136.0; Salis wou14 also flle .a,n J485 form. for an adjustment ofstatus and an !765 fottn for the
employment authorizc;i:tion.

12.
;As il) the practice of the United States Department of Homeland Security1s
Citiieiiship and hnmiSJC1tlon Services With any pending adjustment of status application (1485),
while the 1360s and I485s were being adjtI<:licated, temporary employment authorization cards
were is~ued solely on the basis of an existing pending adjustment of status application. Salis
would then tell immigrants that they were ''approved'' and to COJne to bis office tQ pick up their
work permits which would only be rel~ed upon their payment Of $4500. What the immigrants
1

Uiuter the Bider Abuse eligibility; an immigra.nt IQay be .entitled to adj~ their status ~ among o1her things, 1)

the alien 15 othe p~t. of a U.S. citizen son or daug1iter who is at Ieast21 years ola at the tb:rie the pttition is filed,
an4 2) the immigmrt can demonstrate tbllt he or she has been battered- or sribject to extreme c;tuelfy by the U.S.

citizen son orda~.

()-tf-J
\
were not told was that these work permits were temporary and were based on a ihi.udulent
underlying adjustment of status petition. Subsequent to the employmeni authorizations being
issued,. the baseless 1360$ a.tld 1485~ were denied. The denials were then sent to 42 Broadway,
Suite. 1133 in New York County when Salis' practic.e was them::, .~d later when he moved, the
denial letters were sent to t ,ARGET LOCATION 1.

13.
TARGET LOCATION 1 is a townhOuse cortsistiiig of three floors including a.first
floor, :second floor and third floor. There is a large sig on the ga.te olltside of 1179 Easteni
P~ with the words '"Salis Law P.C." There ~ ldso two awnings over the doors leading to the
first and second floors;. one awning on the first floor entrance states in substaace "Salis Law P.C."
and a smaller second awning, matching in color to tlie flrst floor awnin& over the second floor
ent:rimce states ''Law Office." A reView of the records of the New York City Department -Of
Finance~s Office of the City Registrar indicates that 1179 Eastern Parkway in. Brooklyn was
purchased'by ~~Salis Retirement~ Pension Plan LLC at 42 Btoaciway Suite 1133, New York, New
York" on May 25, 2012 for $750,000. .An analysis of the bank records for Salis .Law PC and $~

Law Business Expansion located. at 42 Broad.way 1133 in New York COuriW shows that a
$723,0Q08 was withdrawn in the form of a cashiers' check on May 24, 2012 and $26,599 was
debited on May 25, 2012. I mn infortned by numerous immigrant vict;ims who reta.fued Salis as
their attorney, that although they fim m~t '-at 42 Broadway in Maiihattail, they later went to
TARGET LOCATION 1 tO meet with him orto pick up paperwork. Two .of the itmnigrants lspoke
with said. that they have gone to the second floor and .observed cubicle~1 a conference room and at
lC3$t one secretary. On May 21, 2014, While I was conducting $UrVeillance of TARGET
LOCATION 1, I observed Owolabi Salis enter through the second tloo.r entrance. On July 14,
2014, while. I Wa$ conducting surveillance I observed Salis' vehicle parked directly in front of
TARGET LOCATION 1
.

14.
TARGET LOCATION 2 is a room Within an office building lo~ in downtown
Manhattan. On July 16, 2014, I personally went to TARGET LOCATION 2 ii.pd ob:setved a name
plate of"~ Law P.C." on the door for Suite 833. I am also infonned by ieifrey Sharp .of th<l
Vennont Service center (VSC) of the United States Citiz.enship and Immigration Services of the
United States Depai;trnent of Hoxp.elarul Security. that the VSC reeeived correspondence from Salis
U,w P.C. with law firm statiomtty indicating both THE TAROET PR?WSES as hiS. offi~

WHEREFORE; depQnent respectfully requests that the Court issue a warrantand order of seizure in
the fonn annexed (i) authorizirtg a search of THE TARGET PREMISES and of the person of
Owolabi Salis if present there~ for the above-descnoed property, and (ii) directing that if such
evidence is found, it be brought before the Court.

It is also ~quest ~ the Court authorize law enforcement to conduct the search in the
manners speeifically requested in this affidavit.

No previous application ~ been made in this matter to any other Judge:, Justic~. or Magistrate.
The People req~st {hatthe application in tllis matter and any record made or testimony given be
sealed, exeeptfor one copy upon the request of the New York County Distrl Attomey,s Office.

APPROVED:.

Sworn to before Ip.e thi$

"3"1..1~ l~; 7.c1 Y

JL,j2
~

Judge

1111. T.farbe1

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
IN nJE NAME OF THE PEOPLE OF THE STATE OF NEW YORK
TO ANY POLICE OFFICER IN 'THE CITY OF NEW YORK
Proof by affidaVit haVing been made this day before rne by SpeiciaJ Agent P~ter
OiannakQs, Shield 1984 of the. Docwnents and Benefit Fraud Task Force of the United States
Department pf Homelm;id. Security's Homeland Soourity Investigatiom (HSI) that there is

reasonable cause to believe. tb:llt ~rtain pioperty; to wit:

a. Forms, m..aterials, notes, records photographs and dc>eum.etits whether t.ontained on
paper in handwritten,..typed, photocopied, or printed form, or within compter
storage media, including, but not limited to, lap~op 01'. desktop computers, tablets,
hard drives, USB devices) flash cards artd drives, m:agnetio tape; CD ROMs, disks:;
diskettes> photo-optical devices. or hand.held computer devices, or any 01'.her
-medh;un, of or related to immigration applications and other immigration
dociJ.ments;

b.
Cm:respondence. inventories, calendars, journals, messages, memoranda,
appointment boOks and other documents regarding clients~ immigration proceed,in~;
c.
All laptop computers, desktQp computers. and computer tablets; all
computer S"4'>rage media., incldfug, but not limited to.; bard drives, USB devices,

flash ca.Tds and drives, magnetic 'tape, CD ROMs, disks, diskettes, plloto-optical
devices, or handheld-comp"!lter device$; and all accessones,.hai:dwate, software, and
other equipment or devices used in conjunction. With the.above-described computers
and computerStotage media;
d,

United States cUITency, money

0.rd~r~.

bank checks, perSon,al checks,

financial records of .all types, stored in both t.angible and electronic fonn, including
t>ut notlimited to account statements~ deposit slips~ checks ap.d corrcsponden~;
e.
EviQence of ownershi,p and tise of THE TARGET PREMISES, includin~
but not limited to; ~ key~ telepho~ bills, bank $ltem.~ts,. le@S~.~ d~ rent
receipts identification bearing the name or photograph of any p~ t.elephone
books; addreSs books. date books, ca1.endats, and personal papers, whether, these items
are in THE TARGET PREivfiSES or in the aj),ove-described computers, computer
storage m~<ija,,. or electronic communicatio~equipment
may be. found at 65 BROADWAY SUITE 833, NEW YORK, NEW YORK

\~ARGET

LOCATION 2r')~ or on the person of OWOLABI SALlS if.present t;lt.re~ and (ii) that there is

reasonable cause to believe that

demonstrate that an offense

th~

above-cl.escribed property constituteS' evidence and tends to

was committed, that a particular person p~ci~ted in the commission

of an offense, arid that the abovedes:cribed property has. been used. or was possessed for the
p~ose of peir)g

used, to commit or conceal the. cbmtnission ofan offen8e.

YOU ARE THEREFORE C<?MMANDED, bet-ween 6:00 am. and 9:00. p.m., to

enter and

to search 65 BROADW.AY SUITE 833~ NEW YORK. NEW YQRK ("TARGET LOCATION 2'~);

and the persons of OWOLABI SALIS i present. therein, for the abovedescnbed property, and if

.you find such property or any part thereof; to bring it before the Cow't without unn~sary delay.
Further, this Court authorizes law enforcement per~nnel to videotape and phot.Qgraph th~
interiqr of'TARGET LOCATION 2

Additionally, with respect to the ste:red e.lectronic communications, data, information, and

images oontained itt comput.ers, computer storage media, electronic. corpmuni~on equipment,
and other data storage devices and media described above, this Court authorizes that such stored
elec1;rbriic commw.1foa.tions,, data, information, and images may be reproduced by printing or
converting or copying them into storag~ in an9th.er device.
It is specifically authorized tiult the se,areh ot any

computers~

computer storage niedi!i,

electronfo communication equipme~ and other data storage devices and media. described .a.hove

will be deemed executed at the time those devices have been .scized, IUld that furth~r analysis of

thes.e i~:ms may be undertaken at any time thereafter.

It is specifically authorized that .any CQ~puters, computer storage medi,a, electronic

conunurrlcation equipment, and any related

~ssOtiesj

hardware, and software may be seized:

and remo.ved for Qff-site examination.

This warrant must.be executed within 10 days.of the date of issuance

.~
Jiidie of the Supreme Court
Dated: New York, New York

"81. l. fafbe1

SUPREME COURT OF THE CITY. OF NEW YORI<

COUNTY OF NEW YORK

IN THE MATIER OFAN APPLICATION FORA

WARRANT TO SEARCII: THE PREMISES LOCATED AT

1179 EASTERN PARKWAY 1st and 2nd Floors, BROO.KLYN, NEW YORK. Ci'fARGET LOCATI.ON 1~">.
~d 65 BROADWAY SUITE 833, NEW YORK, NEW YORK (''TARGET LOCATION 2'');

together referred to as "THE TARGET PREMISES"

AFFIDAVIT AND WARRANT

Cyrus- R. Vancet Jr.

DistrictAttorney
New York County
One Hogan Place
New York, New York 10013
(212) 335-9000

-----

.,,_,;

,r'

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

IN T!IENAMEOF THE PEOPLE OF THE STATE OF NEW YORK

TO ANY POLICE OFFICER IN TiiE CITY OF NEW YORK

Proof by ~aVit having been .tnacie this day before me by Special Agent Peter
Giannakos,. Shield 1984 of the Documents _and Benefit Fraud Task Force of the United States
Departm~nt

of Homeland Security;s Hoi:nela:nd Security fu:veSt:igatimiS (HSI) that there is

reasonable cause to believe thateertainproperty, to wit:

a.
Forms, materials, notes,. records photographs and documents. wh~et
contained on paper il1 bandwritten~ typ~ 'photocopied, or printed :fo~ or within
computer st-orage media,' including, but not limited to, laptop Qr c;lesktop computers,
tablets, hard drives, USB devices, flash cards and drives. magnetic tape. CD
ROMs, disks, diskettes, photo-optical devices, or bandh.eld computer devices, or
llllY other medium, of or related to immigration applications and other imm.igtation

documents;

b.
Corrc;,spondence,. inventories, calendars, jouznals, messages, m.emoran,da,
appointment books and other documents regarding clients' hnmigration px;oceedings;
c.
All laptop computers, desktop comput~,. and computer taQlets; all
computer storage media, including, but. not limited fo, hard drives, USB devices,
fl~ card$ and driyes, magnetic tape, CD ROMS'~ disks, diskettes, photQ,..;opticai
devices, or hand.held coxnputer devi.c~s~ and all ~ccessories, hardware, software, and
other equipmept or devices used in conjunetion with the above-described computers
and Computer -storage media;
d.
United States currency, mortey orders, bank checks. personal checks,
financial records of'all types, stored in both UtP.g!ble and electronic form, including
but not limited to account statements,. deposit slips, checks and correspondence;

e.
Evidence of e>Wnt}rship &:rid use of THE TARGET PREMISES,, inoluding,
but riot limited to,. mail, keys, telephone bills, bank statements; le8$es, deeds, r~t
receipts identifica.tipn bearing the name or photograph of ijny person, telephone
books, ~ss Qooks, date books, calendars, and personal papers, whether these items
are in TIIB TARGET .PREMISEs or in the above-describe(! computers, computer
&torage media, or electronic COIDlUun:ication equipment
may be found ll 19 EASTERN PARKWAY tst and

2nd

Floor~~- BROOKLYN, NEW YORK.

("TAR.GET LOCATION 1'1, or on the ~ons of OWOLABI SALIS if present therein, and (ii)

13/)
that there is reasonable cause to believe that the above-described property constitutes evidence and
tends to demonstrate that an offense was

eommitte~

that a particular person participated in- the

qoqunission of an offense. and that the above-describ"d property has

been use~ or waspossessed

for the purpose of being used, to. oommit or CQp.ceal the cotllfPission of an offense~
YOU ARE.THEREFORE COMMANDED, between 6:00 a.m. and.9:00 p.m.; to enter and
to search 1179 EASTERN PARKWAY 111t and zrid Floors, BROOKLYN, NEW YORK. (''TARGIIT
LOCATION 1"), -apd the pers0ns of OWOLABI SALIS if present there~. for the above-described

property, an!! if you fin(l such property or any part thereof, to bring it before the Court Without
unnecessary delay.
F\.lrther, this Comt au.thorizes law enforce~entpersonnel to videotape and photograph the

interior of TARGET LOCATION 1.

Additionally, with respect to the stored electronic communications~ data; infonilati~ and
images C(Jntained in computers, c_omputer storage media,

el~U-Onic COIDD'.lunicati.oii

e.quipment,

and other data storage devices and media described above, this Court authorizes that such stored
electronic communications, da~ information, and images may be reprod:uced by printing or

convertfug or copying them into storage in another device.

.

It is specifically auth.orized that .tbe search of any coniputets, computer storage media,
electronic communication equipment,. an4 other data storage devices and media described -above
will be deemed executed at the time those devices have been seize<!, and that further analysis of

these items may be undertaken at any time thereafter.

It .is specifically authorized that any computers, computer storage. mediBj electronic
eomm1'Jl.ication equipment, and any n'!la:ted accessories, hardware,. and software may be seized

1 -'/~))/~
I

and removed fer off-site examination~

This wauantmust be execute4 within 10 days ofthe date ofiss~c:e.

Dated:. .New York, New York

.
'

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

IN THE MATIER OF AN APPLICATION FORA

Wi\RRAN'TTO SEARCH A PARiIALLY LOCKED DESK

TOWARDS THE REAR OF THE FIRST FLOOR OF 1179

EASTERNPARKWAYBROOKLYN, NEW YORK

AFFIDAVIT lN SUPPORT OF SEAR.CH WARRANT

Special Ag~nt Peter Giannakos, !:il:Iield # 1984 being duly sworn,; deposes and says:
l.
l wn a feder.il agentassigned to the Documents and nenefit Fraud Task Force of the
united States Departtnent of Homeland Security's Homeland Security Investiptions (HSI), I have
been.deputized With the Manhattan District Attomey''s Office and as such lam a.pUblic servant of
the kind specified in CPL 690.05(1 ). I have ~een aD. agent for approximately five years~ and was a

police officer with the New York City Police Department for apProximately 19 months. I have
participated in the .execution of :more than ten search warrants in the,cour$e of my career.
2.
This affidavit is submitted in support of an application for a warrant to search a
partially locked desk towiuds the rear of the first floor of 1179 Eastern Parkway, Brooklyn New
York where. there is reasonable catise to believe that property, proceeds, and evidence of the
co~ssion of the below trim.es, am.ong others,. iand an att;elI).pt and conspiracy to commit the
below crimes, may be found:

Grand Larceny (P.L. lSS.30et. $eq.)

Scheme to Defraud (P.L. 190.65 e:t. seq;)
Falsifyhig Business RccorQ.s (P ,L. ,175;10)

3.
TI:ie information contained in this affidavit is b~ed upon interviews With
witnesses; reviews of Witnes.ses' statements or reports by others who conducted interviews. my
conversations with other law enfor~ement officials, my review of documents related t9 this
iw/estigation, personal observations or reports of observations of other law enforcement officials,
and inferences .I have drawn from this ,information. It does nQt, however; include all of the
information known to ine with respect >to this investigation, btit only the information that is
neeessazyto establish the requisite probable .cause.
4.
The property, proceeds, and evidence of the commission of; participation in~ or
involvement in the above crime~ that may be foun4 in a p~ally locke(i desk towQ!'ds the rear of
the first floor of 1179 Eastern Parkway, Brooklyn New York, includes; but is not limited to:

a.

Forms,

materieJ~ notes~

recoras photographs and documents whether

contained on paper in handwritten, typed,

photocopie~

or printed form, or within

eompliter storage medi~ including, but not limited to, laptop or desktop computers,

tablets~ hard, diive5) USB devices, flash ~4s and drives~ magnetic tape~ CD
ROMs, disks. diskettes, photo-optical devices,. or handheld computer devices, ot
any other medium, of or related to inunigration applications and other immigration
document~;

Correspond~nce, invent:Ories, cal~dar$, journals, me~es,. memoranda,

appoiiltnient boob and other documents regarding clients~ immigration proceeding$;

b,

All laptop computers, and computer tablets; all computer storage inedi~
including, but not limited to, bard drives, USB devices~ flash cards and drives,

c.

magp.etic t.apc, CD ROMs, di~,. diskettes~ phqto-optical devices~ .or ha;idheld

comptrter devices~ and all accessories, hatdwate, 5oftWare, and other equipment or
devices used
CQiljunction with the above-described computers. an4 00.l!lPuter

sto:tage media;
d.

United Stittes currency, money orders, bank checks, personal checks,.

financial records of all types,stored in both tangible and electronic fo~ including
but not limited to account statements~ deposit Slips~ checks and ccmespondence;

e.

Evidence of ownership

~d

use of THE TARGET PREMISES, including,

but not limited to, mailt keys, telephone. bills, bank statements, leases, deeds, rent
~ipts identification bearing the name or photograph of any person, telephone
books, ~s books, date.books. calendars, ~d pei:sonal papers~ whether these i~ems

are in Tiffi TARGET PREMISES or in the above-described computers, computer

storage media, or eleeqonic communication equipment

5.
With .respect to the 'Stored electrQnic communications, data,. Information and
images contained in computers, computer storage media., electronic communication equipment,
and other data storage devices and m:ed.ia described above, it is also requested that this Court
grant permission to search and retrieve the abpve-de&cribed communications~ data, information,
and images, and to print them or etherwise reproduce them by converting them or copying them
into .storage in anotherdevice.

6.
It is specifically requested that the seareh warrant authorize the. seizure. and
removal of any and all computers, compu,ter ~or~e media, electronic commllllication
equ.ipment, other data storage devices and media descnbed .above., and .any related accessories.,
hardware, and spfiware for off-i;i~ s~ching. Based. upon my training and experience., the
examination o.f such devices can be a titne-con5umllig proce5s dt.Ie to the constantly changing
universe uf technologies, mod.els, operation sy~ems, .~ types of content store.d. Because of
the volume of evidence and technical reqtiirements of forensic ex.a:miiiation, I am aware that
searching and seizing information from such devi~s often requires police officers to sei7.e mo~t
or all .i;ucb devices along with i:elated peripher~s and software to be searched la.fer by a qualified
person in a laboratory or other controlled environment.

7.
It is also requested tha:t the warrant be deemed exet:uted once any computers,
computer storage media; electronic communication equipment, and other da14 storage devices
and media have been scized, and that further analysis 'Of these items be permitted at any time
thereafter.

8.
As. set forth below, there i~ reasonable cause to believe the a,bove-d~cribed property
has been used, was poSsessed. for the purpose of being tised, and is still being U.sed to commit or
col}.ceal the commission of ~ offense~ a.nd the above-descn"bed property consti~ evidence or
tends to demonstrate that an offense was coJrunitted or that a partiCUlar person participated in the

colllIPission of an offense.
9.
I am the case agent investigating the actions of Owolabi Salis, an immigration
attorney who operates fh>m offices .from 1179 Ea$tern Parkway in Kings Cow;i.ty and 6)
Broadway Suite 833 in New York County. Oii July 24, 2014, Owolabi Salis was arrested
purSllilllt to an IUJ!est wan'ant issued.by the Supreme Court of the. State ofNew York. On July 24t
2014, two search ~ts were executed pursuant to this arrest. One warrant was executed at
ll 79 Eastern Parkway 11t and 2nd Floors in Kings County and another warrant was executed at
65 Bro~dway 81,rlte 833. in New York Coooty. The Search Warrants were is~l1ed by The
Honorable.Thoma5 Farber on July 16, 2014 and are hereby incorporated by reference as Exhibit
#1.

10.
I am informed by Special Agent Matthew Maguire of the United.-States
Deparl:inetit of State, who is assis:tmg wi. the execution of the search warrant at 1179 Basten>.
Parkway along with Investigators from the District Attorney's Office as well as other federal
agen~. that th~ is ~ parti~ly locked desk towards the rear of th~ first floor. The desk (ionsists
of 1 unlocked drawer which when removed shows the contents of the locked drawer below, as
well as three locked drawers, two Qn the right and one on the left. Special Agent Maqu.ire and
others in the team are. currently at the location awaiting authorization to search and s-eize the
contents of this partiallr locked desk.
WHEREFORE, deponent respectfully requests that the Court issue a warraJJ.t and order of-seizure in
the forrii annexed (j) authorizing a search of the looked desk on the first floor of 1179 EaSterli
Parkway in Kings Co"Q?Ity, for the above.-descnbed property, and (ii) directing that if such evidence
is found,, it be brought bef<)re the Court.

It is also requested that the. Court iiuthorize law enforcement to C9nduct the search in the
manners specifically requested in this affidavit

No previous application ~ been made in this ~tter to. any other Judg~, JuStjce1 or Magistrate~
The People request that-the application in this matter and any record tru1de or testimony given be
se.~cd, except for one copy upon the requeSt of the New York County District Attorney's Office.

Special Agent Peter Giannak0s

Rose~Yl!

APPROVED: A.Ssistant District Attorney

Sworn to before me this

Judge ofthe Supreme Court

SUPREME COURT OF 1HE STATE OF NEW YORK

COUNTY OF NEW YORK

IN TIIE NAME OF THE PEOPLE OF TI:IE STATE OF NEWYORK
TO ANY POLICE OFFICER IN THE CITY OF NEW YORK

Proof by a,ffidavit b,avipg been made this day before me by Special Agent Peter
Giannak.os, Shield 1984

of the Documents and .Benefit Fraud Task Force of the United St.ates

Department of Homeland Security's Homeland Security Investigations (HSI) that there is

reasonable cause to believe that certai:ll property~. to wit:
a.
Forms, material~ notes, records photographs and documents whether
contained on paperin handwritten,. typed, photocopied,. or printed form, or within
eompu.ter storage media; including, but not limited to, laptop or desktop coinpliters,
tablets, hard drives, USB devices, flash earqs and drivei;, magnetic tape1 CD
ROMs) di.sks,_ diSk:ettes,, photo-optical devices, or ha.n:.dheld computer devices, or
any other medium, of or related to immigration applications and other immigration
docum~ts;

Corte$p0ndence. inyentories, calendars. journa41, messages~ memoranda.

appointment booksand other documents regarding clients' immigration proeeeding$;

b.

C;
All laptop computers and computer tablets; all computer storage media,
including, but not limited to, bard drives, USB devices, flash cards and drives,
magnetic tape3 CD ROMs~ cli$lG;,, diskettes, pho.to-optjcal devi~es, or handheld
computer devices; and all ~H-:cessories~ hardwat~ softWare, and other equipment or
devices used in conjunction with
above-described comput~s and comput.er

Storage media;

the

d,
United S'm.tes currency, money orders, batik checks, prsc;mal checlq;~
financial records of all typest stored in both tangible and electronic form, includirtg
but not limited to account statexn.ents, deposit slips, che.cks and correspondence;
e.
Evidence of ownership and us.e of THE TARGET PREMISES, including,
,but not limited to, mail, keys, telephone bills, bank sta.t~ents~ leases; 4eed$, rent
receipts identification bearing the name or photograph of any persoh; telephone
books, adQ,ress be>oks, <late books. calen.,rs, and persomtl P!!Per&. whether these items
are in THE TARGET PREMISES or in the above-described oompurers, computer

storage media; or electronic cornmunication equipment

may be found in a partially locked desk towards the rear of the :first floor of 1179 EASTERN
PARK.WAY BROOKLYN, NEW YO~ and that there is reasonable cause to believe that the
above-described property constitutes evidence and tends to dettlo.nstrate that an offense

was

commi~ that a

particular person parti'Cipated 'iii the.cotiUnission of an offense, and that the above-

described property has been

or was possessed for the pl.llpOSe of being useq, to commit or

conceal:the commission Qf an ofJense.

YOU ARE TIIBREFORE COMMANDED, between 6:00 a.m.. and 9:00 p.m., to enter and
to search a partially locked desk towards the rear of the first floor of 1179 EASTERN PARKWAY,

BROOKLYN, NEW YORK for the above-de&!ribed property, and if you find such property or any
part thereof, to briilg it l:>efore the Court without unnecessary delay.

Adclitiona1ly, with respect to the stored electronic CQmmunications1 data, information, and
images contained in computers, computer storage :1J1.ed.ia,

el~tronic

comm.UI.lication equipment,

and other data storage devices and media described above, this Court authorizes that such stored
electronic coinnnmications, data, information, and images may be reproduced by printing or
convertihg or copying them into storage in another device.
It is specifically authorized that the search of any computers, computer storage media,
electronic com:munication equipm~t, and. other data ston1;g~ devices and media d~cr,ibed ab.ave

will be 'deemed executed at the time thos.e d~ces have been seized, and that further analysis of

these items may he undertaken at any time thereafter.

It is specilica.Uy .authorized that any computers, cbniputer storage media, electronic

CQJlllPupjc~tio~ ~quipment, and

any relatw accessories, hardware, and, software may be $eized

and remo-ved for off-site examination.

This warrant muSt be ex~ within 10 days of the date ofissuance;

Judge of the Supreme Court

Dated:

New York, NewYork

SUPREME COURT OF TIIE CITY OF NEW YORK

COUNTYOFNEWYORK

JN THEMAITER OFAN APPLICATION FOR A

WARRANT TO SEARCIIA PARTIALLY LOCKED DESK TOWARDS THE REAR

OF THE FIRsT FLOOR OF 1179 EASTERN PARKWAY BROOKLYN . NEW YORK.

.AFFIDAVIT AND WARRANT

Cyrus .R. Vance, Jr..

District Attorney

New York County

One Bogan Pia~~
New Yor~ New York 10013
(212) 335-9000

------

~_)

EXHIBIT#l

14

Letter written to client designed to damage the defendant

reputation and to intimidate. In a desperate move to
damage the reputation and the business of the defendant,
the prosecution had engaged in extensive press release
and circulation of the arrest and indictment of the
defendant spreading false and malicious information.
Upon information and belief, the indictment were being
mailed to immigrants, attorneys and so on and remains
the top search on google. On January L. a new letter was
addressed !Q defendant clients attaching the press release
and asking them to call or visit the office. This is despite
the denial in court that there is no wholesaling breach of
attorney-client privilege. Making statements to the media
that are designed to arouse public indignation is a
misconduct.

,.Ex. 14

DISTRICT ATTORNEY
.I

COUNTY OF NEW YORK

/

ONE HOGAN PLACE

/3-~

l;.
'.
I
(

New York, N. Y.10013

CYRUS R. VANCE, JR.

DISTRICT A.'TTORNEY

January 7, 2015

Dear Shamela Harrylagan:

The Manhattan District Attorney's Office is currently investigating and prosecuting
immigration attorney Owolabi Salis for crimes alleged in the attached press release. We
believe based on records filed with United States Citizenship and Immigration Services
(USCIS) that Mr. Salis filed forms for you that may have been inaccurate or fraudulent.
The Immigrant Affairs Program at the Manhattan District Attorney's Office is committed
to protecting immigrants, especially when immigrants are receiving legal advice from
attorneys and non-attorneys. A description of our program is enclosed. Please know that
we do not report immigrant witnesses and complainants to the federal authorities for
deportation.
Please call us at 212-335-3600 or visit us at 80 Centre Street, Room 602 at your earliest
convenience as we would like the opportunity to speak with you. Thank you.

\.

osemary Yu
Assistant District Attorney

)
,.

J~

'~
\i. (:{:
., ~ it

~;~~~'

CYRUS R. VANCE, .JR.

DISTRICT ATTORNEY

riends,
tan's diYerse and ,;brant community
to many immigrants from countries
the world. In December of 2007, the
ant Affairs Program was created to

the victimiz..-ition of immigrants who

vulnerable to immigration fraud,

id other forms of exploitation. The

Attorney's Office aims to protect
1als from such crimes, regardless of

al status, and to empower victims

esses to seek help. I hope you find
hure informative, and I encourage
vail yourself of all the resources
by this office.

y,

'

.V(1~.
'-..)

. Vance, Jr.

I am an immigrant and I think I have been

scammed. What should I do?
Call the New York County District Attorney's
Office's Immigrant Affairs Program
multilingual hotline: (212) 335-3600.
What is the Immigrant Affairs Program (IAP)?
The lmmigranr Affairs Program was created to
investigate and prosecute fraud committed against
immigrants. The Program receive~ complainrs of
fraud through its telephone horline, by mail, and
through walk-ins.
Will reporting or fili11g a complaint affect my
immigration status?
No. Anyone, n:gardbs of immigration ~rarus,
may cont;tcc or file a con1plai11t wirh us. The
District Ai 1orney's UHice treats a victim\
immigmrio11 status witli confidentiality.

Why are immigrants sometimes more

vulnerable to fraud?
lmmigranrs arc often unfamiliar with the legal
system of r hL l i 11 ired States and may have
difficulty wirh die E11glish language. This makes
disting11i.d1 i11g scum from legitimate services
difficult. hmhnmore, nuny are hesitant co
cooperate wirh law enforcement agencies when
they are vicrintiznl.

What are some examples of frauds and scams?

Individuals who pretend to be attorneys or provide
legal advice when they are nor licensed attorneys
"Norario" fraud: Most "notaries" arc NOT attorneys and cannot give legal advice
Individuals who pretend to be federal immigration agents and offer special crcatmem or services
chat they CANNOT provide
People that promise immigrancs green cards or
employment/work visas that they CANNOT provide
Individuals who produce and sell fraudulent
social security cards, licenses, passports, and/or
ocher fraudulent documents
Fake invcsrmenr opportunities or pyramid
schemes
Individuals or businesses char offer government
housing or other services bur take your money
and disappear

Immigrant Affairs Program Hotline

(212) 335-3600

What are the possible indications of fraud?

Cash was dc111anded
No receipt was provided
Provider asks you to sign blank documents or
documents in :1 language you do not understand
Lawyers or service providers who do 11ot provide
or return origin;il dl)cuments or copies of forms
submitted.

~'
----\-~ /
',,~

An aurhorized or licensed arrorncy or service provider

has che training necessary ro do immigration work,
which can be complex. Licensed professionals arc governed by the court, which offers possible remedies in
G1se of unethical actions.

How can I check if my service provider is

authorized or licensed?
i-:or a list of the organiz:uions and rcprcsemarives that
arc recognized by the Board of Immigration Appeals
(BIA) and who ca11 rcprescm cliencs in federal immi
gration courcs only. go to www.usdoj.gov/c_c,ill and
click on "F:OIR Legal Oricmation anJ Pm Bono
Program" and then click on the link for "Recognition
& Accreditarion." To check if an attorney is
licensed in New York Stare. visit
iapps.courrs.s.tate.11y.us/ anorncy/.A!!.!llil).'.;;sarcl1.

Attairs Program, please call 212-335-3600

(interpreters are available in various languages
including Spanish, French, Fujianese, Mandarin,
Cantonese and Polish).
To report or provide information about a
fraud, scam, or other crime at the District
Attorney's Northern Manhattan Office,
please call
212-864- 7884.

--. ..&....&. ...........

.a..a..b..&.. """"'.&.

-1.. ......

Affairs Program'

,~-~"'':,
-,j\
,;
n.t,:ri
~ ~,- {(;;: ,]'
)(}t,-1i.t._ ,,.~-

Ynt1 r11:1y ;tlso writl' lo:

l 1111nigranc Affairs Program

Special Prosecutions Bureau
One Hogan Place
New York, NY roo13

. -~~r,~:::

CYRUS R. VAN
n1:, l Pl:"! I\ r ,,

~l?tl

legal and Social Services Assistance

For referrals to legal and social service providers
conract the New York Immigration Hotline :H
800-566-7636

Additional Resources
City rcsidems can also go to the District Attorney's
Northern lv!.uihartan Office, which was established
ro provide the community north of96th Srrcet wich
t'asy access ro the resources of chc Discrict Atrorncy"s
Office. The information you provide to the Northern
Manhattan Office will be forwarded ro the Immigrant
Affairs Program.

6 'i-01\

"'---~.
.

V"\~/
'

"~~-.......~~-~"'/ '

ess Release Counter - Google Docs

Page 10 of

. Lf.-f\.

:!

'J

. v

'

Cyrus R. Vance, Jr.

District Attorney, New York County
For Immediate Release
July 24, 2014

DA VANCE: ATTORNEY INDICTED FOR DEFRAUDING

CARIBBEAN, CENTRAL AND SOUTH AMERICA, AFRICA

IMMIGRANTS

FROM

Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictment of
OWOLABI SALIS, 51, an immigration law attorney, for defrauding at least 30 victims, many
of them immigrants from the Caribbean Islands, South American, Central American, and
African countries. SALIS is charged with multiple counts of Grand Larceny in the Third
Degree, Attempted Grand Larceny in the Third Degree, Scheme to Defraud in the First
Degree, and Falsifying Business Records in the First Degree.[1]
"The immigrants in this case wanted to do the right thing by hiring a licensed attorney to
guide them and their families through various legal processes," said District Attorney
Vance. "Instead of providing them with honest representation and advice, the defendant is
accused of taking advantage of their trust and stole from them. I encourage victims of
immigration fraud to contact my Office's Immigrant Affairs Hotline at 212-335-3600."
Special Agent in Charge of HSI New York James T. Hayes, Jr., said: "Committing a scheme to
defraud immigrants is a serious matter made all the more disturbing when it is committed
by a licensed officer of the court whose job is to assist them. Lawyers and other service
professionals who profit through fraud will not be tolerated, and HSI will aggressively
investigate anyone seeking to exploit and compromise our nation's immigration system."
Phyllis Coven, USCIS New York District Director, said: "USCIS places a high priority on
combatting immigration services scams. USCIS will continue to work with the District
Attorney's office and other partners to educate the community on how to avoid
immigration scams and to empower them to report those who take advantage of others."
According to documents filed in court and statements made on the record in court, SALIS
is a registered attorney who practices immigration law at his own firm, Salis Law P.C., also
known as Salis and Associates, with offices in downtown Manhattan and Brooklyn. The
defendant falsely told his immigrant clients that they qualified for lawful permanent
residence (green cards) and other immigration benefits, when they in fact did not. He
charged each victim more than $4,500 for the fraudulent services. It is alleged that SALIS
obtained work permits, which are automatically issued on a temporary basis while an
underlying adjustment of status petition is pending, for his clients and misrepresented to
them the facts surrounding the manner in which the cards were acquired. After the work
permits were sent to his office rather than the immigrants' homes, SALIS demanded
$4,500 on top of the fees they already paid. The defendant did not tell the victims that
these work permits were temporary and would be terminated once the fraudulent
underlying adjustment of status petition was denied.
To facilitate his scheme, and unbeknownst to his victims, SALIS is accused of using the
federal I360 form, which is an immigration petition for permanent residence reserved for

:ps://docs.google.corn/document/d/I G W akLFDjsBxdlNVScdLkILNp-QdYIUZ5kpAtC51 q bXY/edit

9/16/20

ess Release Counter - Google Docs

Page 11 o(,

special immigrants including juveniles, Iraqi and Afghani translators for the U.S. military,
and victims of domestic violence including spousal, child, and elder abuse. On the 1360,
SALIS wrote in a non-recognized eligibility category such as "Dream Act" or
"Self-Petitioning Parent of a US Citizen Child." For those with U.S.-born children, he wrote
in the child's name under the section where the U.S. citizen abuser's name and information
was required, even though there were no allegations of elder abuse against the petitioner.
Oftentimes, these children were toddlers. Along with the 1360, SALIS also fil~d an 1485
form for an adjustment of status and an 1765 form for the employment authorization.
Although temporary work permits were issued because of the underlying 1360s and 1485s,
the 1360s and I485s were all subsequently denied, and the denial letters were sent to
SALIS's law office.
Assistant District Attorney Rosemary Yu, Co-Director of the Immigrant Affairs Program, is
handling the prosecution of this case, under the supervision of Assistant District Attorney
Archana Rao, Deputy Chief of the Special Prosecutions Bureau, Assistant District Attorney
Michael Sachs, Chief of the Special Prosecutions Bureau, and Executive Assistant District
Attorney David Szuchman, Chief of the Investigation Divisions. Financial Accountant Peter
Chi cola and Paralegals Jacob Pang and Bridgette Smith assisted with the investigation.
District Attorney Vance thanked the USCIS-NY Field Office and Vermont Service Center,
Homeland Security Investigations (HSI), particularly the following individuals: Homeland
Security Investigations Special Agent Peter Giannakos and Citizenship and Immigration
Services Immigration Officer Dennis Young, the Departmental Disciplinary Committee of
the Unified Court System, and the Southern District of New York- Asset Forfeiture Unit.
[1] The charges contained in the indictment are merely allegations, and the defendant is
presumed innocent unless and until proven guilty. All factual recitations are derived from
documents filed in court and statements made on the record in court.
Defendant Information:
OWOLABI M. SALIS, D.O.B. 1/3/1963
Brooklyn, NY
Charges:
Grand Larceny in the Third Degree, a class D felony, 9 counts
Attempted Grand Larceny in the Third Degree, a class E felony, 1 count
Scheme to Defraud in the First Degree, a class E felony, 2 counts
Falsifying Business Records in the First Degree, a class E felony, 8 counts

:ps ://docs .google.com/document/d/1 G W akLFDjsBxdINVScdLkILNp-Qd YlUZ5kpAtC5 l q bXY/edit

9116120

I I . / ~
L{ ',;"
15

Pictures of Office Destruction

1sEx.15