Chief Justice Alexandro C. Castro, right, congratulates Joe William McDoulett after swearing him in as a new CNMI attorney in this Oct. 2019 file photo.
FORMER Federal Bureau of Investigation agent turned private attorney Joe William McDoulett is warning the public, especially contract workers, regarding unqualified document handlers and accountants, who claim they can help process permanent residency or green card applications under the C16 category.
“I want to help inform people desperate for some form of legal status of the dangers of relying on unqualified document handlers and accountants for advice in immigration,” McDoulett told Variety on Thursday.
“Immigration law is a complicated and fast-moving area of the law. Here in Saipan, we have accountants and document handlers who hold themselves out as able to get immigration results. Unfortunately, this is an unlawful practice of law and can result in a negative immigration impact on the people who rely on their advice,” McDoulett said.
Recently, he added, “this bad advice has come in the form of the ‘C16 visa,’ ” McDoulett said.
He said there is a category of applicants for permanent residence called registry applicants.
“One of the requirements to qualify for registry is that a person must have been continuously present in the United States since 1972. Very few people alive anywhere today qualify for this and no one in Saipan would qualify as their entry prior to 2009 would not constitute an entry into the United States,” McDoulett said.
He noted that from 2010 to 2019, only 2,319 people throughout the United States qualified for permanent residence through registry.
“1972 remains the cutoff. Anyone who files an application for registry who entered the United States after 1972 is ineligible and may face significant immigration consequences,” McDoulett said.
“What I believe is being offered to our residents by these unqualified and unscrupulous document handlers is that a person can apply for registry and request work authorization during the period it is being processed by [U.S. Citizenship and Immigration Services]. This would result in the issuance of what is called an employment authorization document or ‘EAD’ under the category of (c)(16). All categories of EADs are established in 8 CFR Section 274a.12(c). Category (c)(16) is from 8 CFR 274a.12(c)(16), which is specific to those people who have filed to be lawful permanent residents (green card) under the registry application. This is what gives rise to the characterization of ‘C16 visa’ that document handlers use. There is no such thing as a ‘C16 visa,’ ” McDoulett said.
“It is certainly possible that USCIS will issue an EAD based on a person’s application for registry even when that person does not qualify,” McDoulett said. “However, an EAD does not give a person legal status in the United States and the EAD will be terminated immediately upon the date of denial of the application for registry.”
An EAD only grants authorization to be employed while an application is pending, he added.
“The problem arises when a person attempts to adjust status to permanent residence through some other valid means, for example, a marriage to a permanent resident,” McDoulett said. “Because they are not in any lawful status, they may not be able to adjust. To compound the problem, USCIS can initiate removal proceedings against any person who has been identified by their own application for benefits for which they are not qualified, and they are removable.”
He added, “The document handlers promised EADs, but they could expose the individual to deportation. At the end of the day, the document handlers are just taking money from desperate people.”
He said this isn’t a problem unique to Saipan.
“Throughout the United States document handlers, accountants, and notary publics (or ‘notarios’ for the Spanish-speaking immigrants) hold themselves out as people that can prepare and file documents with USCIS. The only people authorized to prepare documents for USCIS for payment are attorneys and accredited representatives,” McDoulett said.
“To be an accredited representative, a person of a recognized organization must apply to the assistant director for policy in the Office of Policy. See 8 CFR §1003.0(e)(3). This means a person must work for an organization that has been recognized and registered with USCIS. These organizations must meet the following requirements: (1) a nonprofit religious, charitable, social service, or similar organization that provides immigration legal services primarily to low-income and indigent clients, and, if it charges fees, has a written policy for accommodating clients unable to pay fees; (2) a 501(c)(3) tax-exempt organization; (3) applying to have one accredited representative concurrently approved; (4) an organization that has access to and knowledge of immigration law and procedure; and (5) an organization that has designated an authorized officer to act on its behalf.”
“Obviously,” McDoulett said, “a for-profit document handling service does not fit these criteria. These document handlers just don’t know what they are doing and what dangers they are exposing people to.”
“For some, the practical result of getting an EAD for a brief time may seem like a success. What they don’t realize is that the denial could expose them to worse consequences even if they enjoyed working with permission for a brief time,” McDoulett said.
“People are paying thousands of dollars for this service that could result in extremely negative consequences that will require the service of a lawyer to sort out. The expense could be even greater than they expected to pay if they had exercised a little caution and consulted with a qualified attorney about their immigration needs. People are so desperate for status that they are willing to believe anyone that offers good news even when that person may not know or care about the consequences. Unfortunately, we don’t have any recognized organizations offering immigration services in Saipan. This means that the only place to get accurate information about immigration law is at a lawyer’s office,” McDoulett said.
