Springfield, Ohio is reeling from a string of bomb threats after a steady diet of anti-immigrant hate from top Republicans, including former President Donald Trump. The hate narratives, especially against Haitian immigrants, have gone from words to actions and now the community is in real danger.
On Thursday multiple city, county and school buildings were evacuated after bomb threats were called in. The city manager’s office confirmed the evacuations.
By Friday morning, one middle school and two elementary schools, including Fulton Elementary School, were also evacuated due to new threats with local officials linking the incidents to the growing anti-immigrant rhetoric from some Republican leaders. The city manager’s office confirmed that several elementary schools including Perrin Woods and Snowhill were evacuated due to bomb threats. Roosevelt Middle School was also closed before the school day started according to local law enforcement.
These threats follow a similar wave of evacuations in Clark County on Thursday where public buildings like city hall, courts, BMV offices, a health department and another elementary school were all targeted. Springfield police did not release more information but said the threats on Friday were separate from the
Bomb Threat at City Hall Targets Immigrants
Springfield Mayor Rob Rue said the email to Springfield City Hall with the bomb threat included hate comments about immigrants, specifically Haitians.
Springfield is in the national spotlight as Republicans are competing with each other to see who can be the most hateful and the city’s Haitian community is the target of conspiracy theories.
Despite the danger this rhetoric poses Trump and Vance show no signs of backing off. Instead they are fueling fear and resentment with lies about immigrants in Springfield even as tensions in the city rise and the risk of re
GOP Strategy: Scapegoat Innocent People to Create Fear and Get Votes
The results of the GOP’s fear based strategy are clear.
Innocent hard working people—many of whom are immigrants contributing to their communities—are being scapegoated, harassed and put in harm’s way. Instead of offering real solutions to economic uncertainty Republicans like Trump are exploiting these fears and using immigrants as a convenient target for their divisive agenda.
The threats come as the city is in the political spotlight with an estimated 15,000 to 20,000 Haitian immigrants in the city. Republican figures including former President Donald Trump and his vice-presidential candidate J.D. Vance have been making unsubstantiated and widely criticized claims about the Haitian immigrant population. Those claims rejected by local officials and denounced as racist by many in the community include that some immigrants are stealing and
Springfield Mayor Rob Rue has publicly denounced the bomb threats and directly tied them to the hateful rhetoric of Republican politicians. In an interview he said “there’s enough hate in that email to scare you” and connected the violent threats to the national narrative. “All these federal politicians that have been bashing our city, they need to know they’re hurting our city and it was their w
While Mayor Rue is concerned for the city’s safety Republican leaders are continuing to fan the flames.
J.D. Vance posted on social media and said the Haitian immigration wave is due to rising crime, disease and high rent and insurance costs and that “Reports now show people have had their pets abducted and eaten by people who shouldn’t be in this country.”
Trump also chimed in saying Ohio is “being inundated with Illegal Migrants, mostly from Haiti, who are taking over Towns and Villages at a level and rate n
Despite the danger of these claims the anti-immigration rhetoric from Republican leaders shows no signs of slowing down. The tension between local officials, immigrant communities and national politicians will only continue to grow as the issue gets more national attention.
The threats and evacuations came after former President Donald Trump’s comments during a debate earlier this week. During the debate Trump made unsubstantiated claims that Haitian immigrants in Springfield were killing and eating pets putting the city in the news. The Springfield Police Department provided the school district with information regarding an unspecified threat, which led to the evacuation of students from various elementary and middle schools in Springfield, Ohio.
“They’re Eating the Dogs. They’re Eating the Cats.”
During the debate former President Donald Trump repeated a long debunked claim that Haitian immigrants in Springfield were stealing and eating residents’ pets. “They’re eating the dogs. They’re eating the cats. They’re eating the pets of the people that live there” Trump said. The conspiracy theory has been proven false by local officials but it has taken hold and is fueling the tension in the city.
These claims have been thoroughly denied by Springfield’s mayor, city manager, police chief and Ohio Governor Mike DeWine who have all said
Springfield Mayor Rob Rue has directly connected these threats to the hate speech from top Republicans including Trump, his running mate Ohio Senator J.D. Vance and other GOP leaders. In an interview with WSYX Rue said “Pets are safe in our community and it’s unfortunate that a spotlight was shone on a story that was completely made up.”
While there is no evidence to support the claims of pets being stolen and eaten, figures like Ohio Attorney General Dave Yost and Fox News host Jesse Watters are now making unverified claims that Haitian immigrants are hunting and eating wild
On Friday Lt. Governor Jon Husted who is expected to run for Governor in 2026 posted a photo of geese with the caption “Most Americans agree these migrants should be deported” in a clear shot at the current situation.
This hasn’t helped to calm things down and has only added to the confusion
Haitian Immigrants Are Scared
The Haitian Times reported that some members of Springfield’s Haitian community are so scared by the hate speech that they are keeping their children home from school fearing for their safety. “We’re all victims this morning” said one Haitian resident who asked to remain anonymous for fear of reprisal. “They’re attacking
While local officials are trying to calm things down Trump’s campaign responded by saying the former president will continue to speak for those who are concerned about illegal immigration.
But the fallout from Trump’s comments has left Springfield’s Haitian community in a state of panic. Marc FeQuiere executive director of the Haitian Community Network in Ohio said many community members are now living in fear and are thinking of leaving the city. “People are scared now and they’re calling me wanting to sell whatever they have and leave” FeQuiere said. “Most people didn’t even send their kids to school today because they are afra
And to make things worse reports of vandalism against immigrant properties and fear within the Haitian community are spreading. Many Haitians in the city are now scared for their lives as they deal with the bomb threats and the anti-immi
The situation in Springfield shows the impact of political rhetoric and how it can fuel tensions and the real life consequences it has on vulnerable communities. As authorities investigate the threats the city is on high alert.
Struggling to Integrate the Immigrant Newcomers
Springfield a city of 58,000 has been struggling to cope with the influx of 15,000 to 20,000 Haitian immigrants over the past 5 years. Many of the newcomers are in the US under Temporary Protected Status (TPS) due to the instability in Haiti. The rapid growth of the population has put a strain on local resources with schools, healthcare facilities and other services struggling to keep up with the demand.
In response to the situation Governor DeWine announced earlier this week he will be deploying state highway patrol officers to Springfield and providing $2.5 million in additional healthcare funding to help ease the pressure on the city
Despite all these challenges many credit the Haitian immigrant community with bringing new life to Springfield which had been in decline since the 90s. The new residents have brought new energy to a city that had been stagnant for years.
As Springfield deals with these threats and the rhetoric the city’s Haitian community is on edge hoping for a solution that brings back peace to their neighborhood.
The National GOP Playbook to Weaponize Xenophobia
The anti-immigrant rhetoric in Springfield is part of a national trend and experts say such rhetoric can lead to violence. Fears of an “immigrant invasion” and conspiracy theories like the “great replacement” have been cited as factors in several mass shootings over the past 6 years including in El Paso, Buffa
The bomb threats and hateful rhetoric in Springfield is not happening in a vacuum. It’s part of a larger pattern of violence and threats fueled by xenophobic rhetoric. During Trump’s presidency his rhetoric was linked to several acts of violence including the Pittsburgh synagogue shooting in 2018 and the attempted bombings of prominent Democrats and media organizations by a Trump support
Trump’s refusal to tone down his language even in the face of threats is a pattern of his leadership. On Thursday after the Springfield bomb threat was reported Trump went on a tirade about Haitian immigrants saying they were in Springfield illegally and that their presence was an invasion. This was after local officials had already linked the bomb threats to the anti-immigrant rhetoric.
As Springfield deals with these dangerous situation local leaders are calling for a more responsible approach. Mayor Rue and other city officials acknowledge that the influx of Haitian immigrants—most of whom have Temporary Protected Status (TPS) due to the instability in Haiti—has been a challenge. But they also recognize the positive impact these immigrants have brought to the community including reviving the local economy and fillin
Despite all this nuance Trump and his supporters are still painting immigrants as the enemy. Vance in particular has justified his rhetoric by saying it brings attention to the supposed negative effects of immigration. In reality it’s only deepened the divide and fueled conspiracy theories as we see with the bomb threats.
As the situation in Springfield gets more volatile it’s clear Trump and Vance’s top priority is to fan the flames not offer solutions. They’re turning the city into a battlefield for their political ambitions with no regard for the real w
This is what happens when words matter. The hateful language from Trump and his supporters has now been linked to an actual threat of violence and innocent people are in danger. Yet local leaders are calling for calm and Trump and Vance are fanning the flames instead of bringing the community together.
Aurora, Colorado
In Colorado Venezuelan immigrants have been targeted by Trump’s false claims about crime. In typical Trump fashion he’s manipulated the crime statistics to say Venezuelan immigrants are gang members “taking over” Colorado cities. Despite these figures being debunked Trump’s allies including his former immigration adviser Stephen Miller are still spreading this hate and fueling xenophobia.
Aurora Colorado resident Carlos Ordosgoitti whose building was falsely labeled as a gang hideout by conservatives told NBC’s Denver affiliate “I’m really scared to be outside past 7 or 8 pm because you never know who can come around to harm us” Ordosgoitti said. This is what happens when right wing fi
Local politicians are jumping on the anti-immigrant bandwagon and making things worse. Aurora City Council member Danielle Jurinsky even suggested there was a “cover up” because there was no evidence of crime in immigrant communities. She’s since walked that back but the damage is done.
This is happening with other immigrant communities too. Trump has been amplifying fake stories including one from the social media account Libs of TikTok which said a Venezuelan gang had taken over a building in Chicago. The false narrative was then amplified by Tesla CEO Elon Musk on his X (formerly Twitter) account spreading the misinforma
The politicians amplifying these lies have deepened the divide and increased the fear. Springfield Mayor Rob Rue told Fox28 “All these federal politicians that have negatively spun our city, they need to know they’re hurting our city and it was their words that did it.”
Hijacking a Personal Tragedy, With Grieving Father Begging the GOP to Stop
Even the personal tragedy of Ohio resident Nathan Clark has been used by right wing rhetoric. His son Aidan Clark was killed last year when a Haitian immigrant accidentally hit his school bus. Conservative politicians have shamelessly used Aidan’s death in their hate campaign against immigrants. At a Springfield City Commission meeting Nathan Clark spoke out against the use of his son’s name in their rhetoric. “I wish my son was killed by a 60 year old white man” Clark said. “If that guy killed my 11 year old son the hate spewing people woul
This is what happens when personal tragedies and xenophobic rhetoric are exploited. We’ve seen this pattern of hate over the past few years. From the surge in anti-Asian hate crimes during the COVID pandemic fueled by Trump’s use of derogatory terms like “Kung Flu” and “Chinese Virus” to the rise of antisemitism tied to MAGA conspiracy theories this is what happens when vulnerable communities are targeted for political gain.
During the debate Trump said Haitian immigrants in Springfield were “destroying” the local way of life. But despite the divisive rhetoric these Haitian Americans are part of the community. In a country built by immigrants Trump’s blame game only seeks to isolate and devide.
Protect Our Communities from Hate. Vote Your Conscience
We must act now to protect our communities from this vitrol. Springfield and its immigrants deserve better than this. America deserves better than this. Despite yoru political affiliation, vote your conscience on November 5th.
Haitian and Other Immigrants in Springfield, Ohio Can Make the City, and State, Great Again
What gets lost in all the harsh immigration rhetoric is that immigrants are the Dream-Keepers. While too many of us no longer believe in the idea that America is the land of opportunity, that anything is possible with hard work — all immigrants believe this. To their core.
By “importing” their American Dreams, immigrants remind us the Dream still exists and is open to everyone.
We need this reminder. We also need the energy, entrepreneurialism, innovation, work ethic and sometimes unrealistic optimism that immigrants bring to the American economy.
It’s important, in light of the hate and venom that the GOP is spouting that immigrants are ruining America, that Haitian immigrants are abducting pet dogs and cats in Springfield for slaughter and food, that America have a real conversation about the economic power of immigrant inclusion. The rumor about Haitian immigrants abducting pets originated from a post in a Springfield Facebook group.
Immigrants Help Grow The Economy
Immigrants help teh conomy in many ways, as consumers, workers, and residents.
Here’s a fascinating comparison to native-born Americans.
· Immigrants are twice as likely to start a business. Whether it’s a bodega, landscaping company or new tech venture in Silicon Valley (where over 50% of the companies have immigrant founders)
· Immigrants are twice as likely to have a patent.
· Immigrants have language, cultural and family ties to markets around the world
· 40% of the Fortune 500 companies which employ millions of Americans were founded by immigrants or children of immigrants
Immigration policy is broken. It doesn’t fully leverage the immigrant dividend which when tapped can create millions of American jobs.
Cities like Springfield, Ohio which has lost much of its population, workforce and entrepreneurs over the decades would do well to find ways to attract, retain and welcome the new wave of immigrants to the U.S.
Ohio’s immigrant population is small. About 5%. The national average is about 14%. Cities that are the most economically competitive have foreign-born populations of over 20%. Ohio would do well to tap into the immigrant dividend.
In the 19th century Ohio’s industrial sector boomed especially after the discovery of coal. By 1853 Cleveland was the nation’s third largest producer of iron and steel. The Ohio Oil Rush of the 1860s further fueled the state’s economy with John D. Rockefeller establishing the Standard Oil Company in Cleveland in 1870. His company would go on to dominate the U.S. oil industry by controlling 90% of the refineries and pipelines by the 1880s.
Major companies headquartered in Ohio include Fortune 500 companies like Procter & Gamble, Marathon Petroleum, Kroger, Nationwide and Cardinal Health.
But it’s only #39 for economy, according to US News Report. It’s struggling with employment growth and net migration. Job growth in Ohio is 2.0% vs the national average of 2.7
Ohio’s higher education ranking is #39. Healthcare system is #35 overall. Infrastructure is #30 in the nation.
Cities like Cleveland, Toledo, Youngstown have lost over 50% of their population over the decades.
Ohio needs new energy, entrepreneurialism, innovation and global connectivity. Immigrants and immigration law reform can help.
Ohio’s Immigrant Community: A Catalyst for Economic Growth and Diversity
Ohio has a growing and diverse immigrant population that is contributing to the state’s economy and workforce. Immigrants are about 5% of Ohio’s population and an additional 5% are native-born U.S. citizens with at least one immigrant parent. These communities are key to Ohio’s success especially in fields like computer science, life sciences and social sciences.
As business owners, taxpayers and workers immigrants are part of Ohio’s vibrant communities and helping to grow and innovate.
The Immigrant Population in Ohio
In 2018 Ohio had 555,583 immigrants, 5% of the state’s population. This included 260,454 women, 252,902 men and 42,227 children. Many immigrants in Ohio come from diverse backgrounds, with the top countries of origin being India (11%), Mexico (8%), China (6%), Philippines (3%) and Canada (3%).
Over 532,398 native-born Ohioans have at least one immigrant parent, so immigrants are having a growing impact on the state’s demographics.
A Path to Citizenship and Integration
Over half of Ohio’s immigrant population has taken the opportunity to become U.S. citizens. By 2018 293,426 had naturalized and 84,885 were eligible to do so. 84% of immigrants in the state speak English “well” or “very well” and are integrating into the local communities.
Educationally Ohio’s immigrants are a highly educated group with 42% of adult immigrants having a college degree or higher in 2018 compared to 28% of native-born Ohioans. This is helping to build the state’s workforce in fields like healthcare, technology and education.
Immigrants in Ohio’s Workforce
Immigrants are 6% of Ohio’s workforce with 338,637 immigrant workers in industries that are critical to the state’s economy. The largest concentrations of immigrant workers are in manufacturing (68,968), healthcare and social assistance (56,444), retail trade (37,186), educational services (33,717) and accommodation and food services (30,593).
Immigrants are concentrated in specialized fields. For example they are 14% of workers in computer and mathematical occupations and 12% in life, physical and social sciences. Immigrants are also in farming, architecture, engineering and maintenance services, so they are contributing across many sectors.
Undocumented Immigrants and DACA Recipients in Ohio
Undocumented immigrants are 17% of Ohio’s immigrant population, about 90,000 people. Between 2010 and 2014 over 115,000 Ohio residents including 50,264 U.S. citizens lived with at least one undocumented family member. Despite being undocumented these individuals are contributing to the state’s economy by paying taxes and supporting local industries.
Ohio is also home to nearly 4,000 DACA recipients. As of March 2020 3,860 were active in the DACA program and 46% of DACA eligible immigrants in Ohio had applied for the program. These young immigrants are part of Ohio’s workforce and are contributing to the state’s economy and paying an estimated $11.9 million in state and local taxes in 2018.
Economic Contributions and Entrepreneurship
Ohio’s immigrants are contributing to both state and federal tax revenues. In 2018 immigrant households paid $3.8 billion in federal taxes and $1.9 billion in state and local taxes. Undocumented immigrants alone paid $236.1 million in federal taxes and $127.5 million in state and local taxes. These are critical to the state’s economy and fund public services and infrastructure.
In addition to being workers, many immigrants in Ohio are entrepreneurs and driving business growth across the state. In 2018 30,432 immigrant business owners generated $891.7 million in business income. Immigrant entrepreneurs are most prominent in Ohio’s largest metropolitan areas, 18% of business owners in the Columbus metro area, 12% in Cleveland and 9% in Cincinnati.
Immigrants as Consumers and Contributors to Ohio’s Economy
As consumers immigrants also add billions to Ohio’s economy. In 2018 immigrant households in the state had $14 billion in spending power and are driving demand for goods and services and supporting local businesses. This consumer spending is critical to economic growth across Ohio’s industries.
A Community of Opportunity
Ohio’s immigrant community is part of the state’s economic engine. Whether as workers, entrepreneurs or taxpayers immigrants are contributing to Ohio’s success. As the state continues to evolve the growing immigrant population will be a key to its future, innovation, growth and prosperity for all.
Haitian Immigrants are Revitalizing Springfield’s Economy Amidst Growing Pains
In Springfield, Ohio thousands of Haitian immigrants have arrived in recent years and have changed the city and brought growth and challenges. At the St. Vincent de Paul Society community center immigrants like Bansal Oreus help others with government paperwork while individuals like Rose Joseph who works at an Amazon warehouse and does seasonal tax preparation are building new lives and contributing to the local economy.
Joseph and Oreus came to Springfield by different paths. Joseph fled Haiti in 2020 and after a brief stay in Florida moved to Springfield in 2022 for job opportunities. Oreus took a longer route, traveling through Brazil, Portugal and Mexico before arriving in 2023 drawn by family and friends who had already settled in the city. “The first motivation was jobs and work opportunities” he said.
Over the past three years 15,000 Haitian immigrants have arrived in Springfield a city of 58,000. Their arrival has brought hope for economic renewal but has also put the city in the national spotlight as Springfield has become the focal point of the national conversation on immigration, economy and race. This attention intensified when former President Donald Trump and his running mate Senator JD Vance repeated false accusations against the Haitian community, claims that city officials have been quick to deny. Anthony Harris, at a Springfield City Commission meeting, claimed that Haitian immigrants were capturing ducks in the park and consuming them, which was part of the larger narrative of viral and debunked accusations.
Immigrants and Economic Growth Amidst Growing Pains
After years of decline Springfield’s population is growing again but the rapid influx of immigrants has brought both good and bad. Data shows that the city’s population growth has coincided with increased demand for housing and services. Medicaid enrollment, food assistance programs and welfare have skyrocketed while rents have gone up as more people move into the area. Car accidents have also increased including a tragic one last year when a Haitian immigrant without a U.S. driver’s license was involved in an accident with a school bus and 11 year old Aiden Clark was killed and 26 other children were injured.
Springfield City Manager Bryan Heck has been addressing rumors about criminal activities involving the immigrant community and the challenges brought on by the surge in population. Affordable housing is scarce and landlords are charging market rates due to the demand. This has made it harder for existing residents to find affordable housing. But contrary to fears local police and officials say there has been no significant increase in violent or property crime. Wages in Springfield have gone up due to a tight labor market and new job opportunities.
Debunking the Myths
At a congressional hearing Senator JD Vance read a letter from Springfield officials to Federal Reserve Chair Jerome Powell saying the city was struggling with the impact of immigration on inflation and housing costs. But Powell responded that while there may be localized effects, overall immigration helps grow the economy and over time the markets adapt.
Despite this Powell’s response Vance and other politicians have continued to spread false information about the Haitian community. At a recent debate Trump repeated the baseless claim that Haitian immigrants were harming pets in Springfield, a claim that has been refuted by both local police and city officials. “There have been no credible reports or specific claims of pets being harmed, injured or abused by individuals within the immigrant community” Springfield police said in a statement.
The White House has called out the spread of this misinformation saying Trump and others are using these lies to divide the country along racial lines.
Moving Forward in Springfield
Springfield’s population growth is complex and has its challenges and opportunities. Local rents went up 14.6% between 2022 and 2023, one of the highest in the country. But this year rents have slowed to 3.2%, so the market is starting to stabilize.
Meanwhile wages in the area went up over 6% annually during the Haitian immigration period, twice the national average. Wages have now slowed down as the US labor market has slowed down but the influx of immigrants has definitely filled the job openings especially in manufacturing and warehouse jobs.
While the exact number of Haitian immigrants in Springfield is unknown estimates range from 12,000 to 15,000 up from 3,500 just a few years ago. This rapid growth has caused tensions at times with public meetings becoming a platform for residents to vent and even a small white supremacist group marching through town during a recent jazz festival.
But many local leaders see the benefits of this population growth. Springfield was once an industrial powerhouse with farm equipment manufacturing but has struggled with the decline of those industries. Today the city’s growing population is seen as the key to economic revival. “A growing population could absolutely have long term benefits” said Mayor Rob Rue who acknowledged the city is going through “a tough season” as it adjusts to the changes.
The city has many challenges including need for more police, fire and healthcare workers and services like translation for Creole speaking residents. But city officials are hopeful the city will continue to come back fueled by its growing immigrant workforce.
Filling the Workforce Gap
The Biden administration’s immigration policies including a parole program that brought in around 205,000 Haitians into the US as of August have brought people to Springfield. Many of these individuals are now working in manufacturing, warehouses and other sectors of the local economy. Amy Donahoe, director of workforce development with the Greater Springfield Partnership said Springfield’s revival depends on these workers. “We needed a workforce” she said. “They are coming in, working hard and they want to make money.”
For Haitian immigrants like Joseph and Oreus, Springfield is a chance to start anew. Joseph who is studying social work has applied for asylum and is in the US under TPS. She shares a 2 bedroom apartment with a friend and has integrated into the community where she also helps at a Haitian cultural center.
Oreus works at a local manufacturing plant and volunteers at the St. Vincent De Paul Society helping fellow immigrants with paperwork and settling into their new lives. “I had friends here, my brother lived here so I moved to join him” Oreus said.
Springfield’s Housing and Infrastructure Challenges
Springfield’s housing challenges predated the arrival of the Haitian immigrants. Years of underinvestment and lack of code enforcement left many homes vacant and in disrepair. But there are signs of progress. New subdivisions on the outskirts of the city are almost complete and a block of downtown townhomes have already sold out. And a vacant building downtown is being converted into condos as part of a larger effort to revitalize the city center.
But despite these positive developments Springfield is still dealing with the immediate impacts of rapid growth. The city is working to address the housing, infrastructure and services strain but local leaders believe once the short term challenges are worked out the growing population will drive long term economic revival.
“We needed a workforce to fill jobs in manufacturing and distribution” said Donahoe. “They are coming in, working hard and helping to rebuild Springfield.”
The anti-immigrant hysteria in Springfield will hurt the Americans in Ohio and beyond.
“They’re eating the dogs…they’re eating the cats. They’re eating pets of the people that live there.”
Rumors that Haitian migrants in Springfield, Ohio are eating pets have gone national, from city commission meetings to the 2024 presidential campaign. But the controversy has brought to light a bigger issue: the real problems communities like Springfield face as they try to manage a large influx of immigrants.
There have also been baseless rumors about Haitian immigrants abducting local wildlife, which have been debunked by city officials.
During the last presidential debate, former President Donald Trump repeated the false claim that Haitian immigrants in Springfield were eating their neighbors’ pets. City leaders have denied this repeatedly but the rumors have only added to the ongoing debate about immigration and its impact on American towns.
Despite claims by former President Donald Trump and Ohio Senator JD Vance, officials in Springfield, Ohio have said there is no evidence to support the rumors that Haitian immigrants are kidnapping and eating pets. These baseless allegations which have gone viral online were repeated during Tuesday’s debate and have sparked a bigger conversation about immigration and how it’s being portrayed in political discourse.
During the debate Trump repeated the unverified claim, “In Springfield they’re eating the dogs — the people that came in, they’re eating the cats. They’re eating the pets of the people that live there, and this is what’s happening in our country and it’s a shame.” When debate moderator David Muir pointed out that city officials had denied this, Trump said he had seen it on TV.
Senator JD Vance, Trump’s running mate and an Ohio power broker, had already made the same claims on social media where his post on X (formerly Twitter) had over 11 million views. Vance said Haitian immigrants were “causing chaos all over Springfield” and cited reports of pets being kidnapped and eaten by people who “shouldn’t be in this country.”
Baseless Claims Go Viral
The rumors started on social media and spread fast with some posts getting millions of views. One Facebook post claimed a missing cat was found hanging from a tree near a Haitian neighbor’s house. Another post said immigrants were taking geese from a local park to eat. These have been shared across social media platforms with misleading or unrelated images like a photo of a man holding a goose which has been falsely linked to Springfield.
But city officials in Springfield including spokesperson Karen Graves have denied these claims. “There have been no credible reports or specific claims of pets being harmed, injured or abused by individuals in the immigrant community,” Graves told CBS News.
Disinformation and Political Manipulation
Some of the images used to spread these rumors have been manipulated or taken out of context. For example the photo of a man holding a goose which has been shared widely as evidence of Haitian immigrants eating geese was taken in Columbus, Ohio by a local photographer. The photographer who wishes to remain anonymous because he’s received threats told CBS News the photo was meant to be humorous and had nothing to do with the immigrant community. He regrets how the image is being used for political purposes especially by Vance and condemned the spread of false information.
And AI generated images have been added to the mix. One image of Trump holding two cats while running through a crowd of Black people was posted with the caption “The kittens of Springfield have only one hope” combining disinformation with racial undertones.
The effort to demonize immigrants in Springfield, Ohio is not only putting the entire community in danger but also undermining efforts to revitalize the region.
Springfield, Ohio City Hall Closed After Bomb Threat and GOP Rhetoric Targets Immigrants
Thursday, Springfield, Ohio was on high alert after multiple facilities including City Hall received a bomb threat via email. The threat prompted the immediate evacuation of City Hall and increased security across the city as local and regional law enforcement agencies investigated.
According to the city’s statement the threatening email was sent at 8:24am local time and targeted “multiple agencies and media outlets” in Springfield. In response to the situation the city issued a closure notice for City Hall and asked residents to stay away from the area until further notice.
Springfield has about 58,000 people and is located in southwestern Ohio. It’s been in the national spotlight recently especially during a recent presidential debate between Vice President Kamala Harris and former President Donald Trump. During the debate Trump mentioned a baseless claim that immigrants in Springfield were eating pets which has been debunked. He brought up the issue again and it reignited controversy in the city which has seen a large influx of Haitian immigrants in recent years.
City Manager Bryan Heck addressed the controversy in a statement on the city’s Facebook page on Wednesday. He’s frustrated with the misinformation and political rhetoric that’s created a false narrative about Springfield especially in this political climate.
So far no direct connection has been made to the bomb threat and the political rhetoric from the debate. Authorities are still investigating the origin of the email and the motives behind it but as of Thursday morning they don’t know which agencies or organizations were targeted.
City officials and law enforcement haven’t provided any additional information on the credibility of the threat so we’ll wait for updates on the investigation.
In the meantime stay safe and avoid the area around City Hall.
Haitian Immigrants in Springfield, Ohio Under Microscope
In recent years cities across the US have seen big demographic changes as immigrants are reshaping communities and nobody is paying attention. But in Springfield, Ohio it’s different. This working class city of about 60,000 has become the focal point of a national conversation and it’s all because of false rumors and Trump’s rhetoric. During the debate he amplified the lies about Haitian immigrants who have been helping to revitalize the economy of Springfield.
Despite their contributions the rumors are spreading online and on social media and it’s creating fear and division in this predominantly white, blue collar community. At the Haitian Community Help and Support Center Rose-Thamar Joseph a local advocate said many of the city’s 15,000 Haitian immigrants are feeling unsafe. They came to Springfield for affordable housing and good jobs and now they’re facing hostility.
“Some of them are living in fear. Some are scared for their lives” Joseph said. The tensions are felt across the community as the immigrant population grows. Long time residents are complaining about the competition for jobs, rising housing costs and the strain on public services.
Despite the efforts to celebrate diversity in Springfield—seen in events like CultureFest an annual celebration of unity through cultural exchange—the misinformation is still spreading. The flag for the event is flying in downtown but the sense of unity is being undermined by the divisive and false narratives.
Melanie Flax Wilt a Republican county commissioner told local leaders to stop fear-mongering and focus on real community issues. “Once the election is over and Springfield is no longer a political talking point we’ll still be here working through these challenges and finding solutions” she said.
At the national level Haitian advocates are speaking out against the misinformation. Ariel Dominique who leads the Haitian American Foundation for Democracy laughed at the absurdity of the claims when she first heard them. But when Trump repeated them on the national stage it became more painful.
“It’s unfair, unjust and completely contrary to what we have contributed to this country” Dominique said. She and others are highlighting the positive impact Haitian immigrants have on communities across the US.
Ohio Governor Mike DeWine is trying to address the real issues in Springfield. In response to the controversy DeWine announced an expansion of an existing aid package to the city which includes more law enforcement and healthcare resources. He said the state will be with Springfield during these tough times.
In response to the growing Haitian population Ohio Governor Mike DeWine announced additional state support on Wednesday. To manage the influx of migrants DeWine is deploying Ohio State Highway Patrol troopers to Springfield and allocating $2.5 million for healthcare services in the area. Speaking to CBS News DeWine said of the Haitian community “They came here to work because there were jobs and if you talk to employers they’ll tell you how hard they work”
Many of the Haitian immigrants living in Springfield came for safety and opportunity fleeing poverty and violence in their homeland. Since the Biden administration created new legal pathways for Haitian immigrants many have chosen to come in legally. According to recent data 92 Haitian nationals were arrested at the border in July 2024 a tiny fraction of the 56,000 border arrests overall.
The Biden administration’s recent decision to extend Temporary Protected Status (TPS) to Haitian immigrants is also a big relief. This will allow an estimated 300,000 Haitians to stay in the US with work authorization at least until February 2026 and prevent deportation to a country in crisis.
Springfield’s problems are part of a larger trend of immigration reshaping small cities across the US. According to the US Census Bureau immigration has accounted for nearly 75% of the country’s population growth over the past few years. Haitian immigrants have been a big part of revitalizing Springfield’s workforce as the local economy recovered from the pandemic.
But these successes have not been without struggles. Last year a Haitian man who had recently moved to Springfield was involved in a fatal accident that killed an 11 year old boy. The man who did not have a valid driver’s license was widely condemned. Some local politicians used the tragedy to fan anti-immigrant sentiment and further divide the community.
False information spread online including a viral post that claimed a cat had been butchered by Haitians in Springfield. The post had no evidence but it took hold in the city and was later repeated by prominent politicians.
Chris Hazel a long time Springfield resident called these claims ridiculous. “It’s like the old days when people would accuse outsiders of being cannibals. It’s about dehumanizing a community” he said.
Sophia Pierrilus daughter of a former Haitian diplomat and an advocate based in Columbus, Ohio agreed with Hazel. “They’re using Haitians as scapegoats to create chaos in America” she said.
As Springfield adjusts to its new political reality the city’s immigrant population is key to its economic future. While rumors and misinformation threaten to disrupt this balance community leaders are focused on rebuilding and addressing real issues.
Guerline Jozef executive director of the Haitian Bridge Alliance said Haitian immigrants are the reason why the economy and labor force in Springfield has been revitalized. “But many Haitians are now thinking of leaving the city because of the fear of their safety” she said.
Despite the challenges the immigrant community in Springfield is still standing and their impact on the city’s recovery is clear. Whether Springfield can weather the storm of misinformation and division remains to be seen but local leaders are moving forward together.
Community Concerns
At a city commission meeting Richard Jordan a resident asked “Is there a cut off point for the population here? It feels like we need a ‘No Vacancy’ sign but people keep coming in. What’s the limit?”
Many Haitian residents feel they are being unfairly targeted by the misinformation. One Haitian-American resident spoke out about the misinformation “There’s a false notion that all Haitians in Springfield are illegal immigrants. That’s not true. Many of us are US citizens, green card holders or here legally through a federal program that provides Social Security cards and employment authorization.”
Strain on Services and Tensions Rising
In response to the growing population the federal government has given $2.5 million to improve access to medical care but Ohio Governor Mike DeWine says it’s not enough. “The federal government needs to step up. Their policies have caused this influx” DeWine said.
As the number of immigrants increases so do the concerns about the strain on resources. Healthcare facilities and schools are feeling the pinch and the city has seen a surge in traffic accidents. Some residents are worried about the city’s ability to manage the change but others point to the bigger issue of affordable housing. Former journalist Bill Monaghan now part of the local group “Stop the Influx” said the influx of migrants has driven up rent and home prices and is displacing long time residents. “It’s getting harder for people to live here. Plus there are delays in public safety responses because of language barriers.”
Crime and a Tragic Accident
Many in the community are worried about crime. FBI data shows Springfield has seen a 142% increase in violent crime from 2019 to 2022. The FBI doesn’t track crime by immigration status but this statistic has added to the anxiety in the city.
Tensions boiled over last year when 11 year old Aiden Clark was killed in a car accident caused by a Haitian migrant who was driving without a valid license
While many are sympathetic to the Clark family the tragedy has been politicized in some quarters and has fueled anti-immigrant sentiment.
At a recent city commission meeting Aiden’s father Nathan Clark asked politicians not to exploit his son’s death for political gain. “I wish my son had been killed by a 60 year old white man” Clark said. “If that were the case we wouldn’t be reminded of the worst day of our lives every time we see a political talking point.”
“Using Aiden as a political tool is, at the very least, disgusting” Clark said at the Springfield City Commission meeting on Tuesday. “My son wasn’t murdered, he was accidentally killed by an immigrant from Haiti. This tragedy has hit our community hard but spinning it into hate is wrong.”
Nathan Clark was particularly upset with the misinformation that has been spread about the Haitian community in Springfield. Some residents have claimed that immigrants have brought disease and crime to the city—claims that have been refuted by local health officials and police. In his speech Clark pointed out the absurdity of these false claims especially the one about immigrants eating pets which Trump has repeated despite no evidence. “They can spew all the hate they want about illegal immigrants, the border crisis and untrue claims about fluffy pets being ravaged and eaten” Clark said but he drew the line at his son’s death being used for political purposes.
Clark’s comments were in response to Vance and Trump who have made Springfield a talking point in their broader criticism of the Biden administration’s immigration policies. While the immigrants in Springfield are here legally politicians like Vance are using the city as an example of the consequences of open borders.
The complexities of immigration, employment and social integration in Springfield can’t be reduced to a political soundbite. Some use the situation to scaremonger others recognize the economic and cultural contributions of the immigrant community. As Springfield adjusts to its changing demographics the resilience and hard work of the Haitian migrants will be at the heart of the city’s story.
Honoring Aiden
Nathan and Danielle both teachers are determined to honor Aiden’s memory in a way that is true to his values of kindness and inclusivity. “Aiden studied different cultures and accepted everyone” Nathan said. They will continue to honor his legacy by not buying into the hate being peddled in his name. Danielle held up a red T-shirt with #LiveLikeAiden during the meeting to show their commitment to carrying on Aiden’s spirit of love and acceptance.
“We have problems here in Springfield and in the US” Nathan Clark said. “But does Aiden Clark have anything to do with that?” he asked. “Can we not politicize his death?” As the Clarks left the meeting the audience applauded their bravery and compassion.
In his closing remarks Nathan Clark issued one final challenge to those who had used his son’s name: “I will listen to them one more time to hear their apologies”. Whether those apologies will come we will see but the Clarks message was clear—Aiden’s memory deserves respect not exploitation.
Legal Status and Federal Support
Haitian immigrants in Springfield are here legally under federal programs that provide temporary protected status (TPS). Last month the Biden administration granted TPS to approximately 300,000 Haitians already in the US, protecting them from deportation due to the violence and instability in Haiti.
Despite this many Springfield residents are not convinced. Some have told reporters they no longer trust the city and are thinking of leaving the area due to the rising tensions and frustration with city government.
What’s Next for Springfield
As Springfield deals with the fallout of its growing Haitian migrant population it must find ways to address the practicalities of resource allocation and the social tensions that have arisen. For many the influx of immigrants is an opportunity for economic growth and cultural diversity. For others it’s too much to manage.
Will Springfield be able to navigate this without resorting to divisive rhetoric? The city’s leaders and residents will have to work together to make sure Springfield can continue to thrive while embracing its new identity.
Dealing with Misinformation
Despite the corrections the misinformation about the Haitian community has done real harm. One migrant told CBS News “We work hard every day to better ourselves. When we better ourselves the neighborhood better and the whole city gets better” they said. The immigrant community is committed to Springfield’s future.
Springfield was once a manufacturing hub but has seen its fortunes decline over the past few decades. Since 2000 the number of manufacturing jobs in the city has decreased by almost 50% from 13,000 to 7,000 in 2024 according to the Bureau of Labor Statistics. Many locals left the workforce during the pandemic and the door was open for Haitian immigrants to fill the essential jobs. But some residents blame the newcomers for taking the jobs and driving down wages.
Business owners like job recruiter Alex Muller see it differently. “They’ve been very welcoming and grateful for the opportunity to provide for their families” Muller said. The Haitian workers have been essential to the city’s economic recovery.
Confronting Hate with Facts
Both Rue and Flax Wilt said they will continue to counter the misinformation. Despite presenting fact checked data Rue said some people will still spread false narratives and accuse city officials of lying. He told the public to consider the harm that rhetoric does to the Haitian community. “Imagine being talked about this way and your entire community or country being painted with broad brushstrokes of negativity” he said.
Flax Wilt ended by calling on Springfield to live up to its values of inclusivity and unity. “This is not the community we want to be” she said. “We are better than this and we need to come together to focus on the real issues at hand.”
Flax Wilt emphasized the need for driver’s education programs and infrastructure stability for the growing population. She also called for compassion and understanding towards immigrants. “Hateful rhetoric and harassment is not who we are as a city. As a leader and a mother of three I tell my children not to bully others. It’s disheartening to see adults in our community behaving the same way we teach our kids to avoid.”
Neo-Nazi Groups in Ohio
As the 2024 presidential election approaches Ohio is no longer a swing state but is still a target for hate groups and agitators, local and out of state. In August Neo-Nazi’s appeared in Springfield about 48 miles west of Columbus and are expected to be in Columbus this fall.
Jeff Tischauser, a senior research analyst at the Southern Poverty Law Center (SPLC) noted that while Ohio has become more conservative Columbus being a liberal city is likely to attract protests from extremist groups. “Columbus is a blue city surrounded by red and it’s an election year” said Tischauser. With the Statehouse and a major university Columbus is a symbolic target for groups like the Nazi Blood Tribe and others, they have a platform to confront their political enemies.
The SPLC tracks hate and anti-government groups across the country and Ohio has at least 50 of these groups including white nationalist and anti-LGBTQ+ groups. These groups have been emboldened in recent years with FBI Director Christopher Wray noting a 357% increase in domestic terrorism cases between 2010 and 2021 according to the U.S. Government Accountability Office.
The level of activity from Ohio’s hate groups before the 2024 election is unclear but a new local non-profit Ohioans Against Extremism has emerged to counter the growing presence of extremist groups. Maria Bruno the non-profit’s executive director said the group was created in response to the rise in hate group activity including neo-Nazi demonstrations across the state. “What was once fringe internet trolling is now part of the political discourse” Bruno said noting the increasing normalization of extremist rhetoric online and in person.
Why Ohio Attracts Extremist Groups
Ohio has long been a hotbed for hate groups and several factors contribute to their activity in the state. Beyond Ohio’s central location which makes it an easy hub for members from surrounding states extremist groups are drawn to Columbus because of its politics. Tischauser noted that Columbus being a blue city in a red state gives them a chance to confront their political enemies.
“Columbus has left-leaning leaders and residents and it gives hate groups a place to confront their enemies during a major political crisis” Tischauser said. Following the 2020 election statehouses across the country became the focal point of protests and Ohio’s Statehouse could be the same this election cycle.
The Nazi Blood Tribe and Proud Boys have already demonstrated in Ohio with some protests having 20-40 people. The ease of travel to Ohio and the state’s history in political elections makes it a prime location for these groups to get attention.
Pushing Back Against Extremism
In response to the growing threat of extremist protests Ohioans Against Extremism will combat the spread of hate and violence. Bruno said the non-profit will work to lower the temperature of political rhetoric as the 2024 election cycle heats up. With former President Donald Trump running again and Vice President Kamala Harris on the Democratic ticket tensions are high and extremist groups will capitalize on the uncertainty.
Bruno said voters and leaders need to keep it civil and decent. “We want to mobilize voters and make politicians keep the decency alive” she said. The organization also wants to connect what’s happening in Ohio communities to the extreme rhetoric in the Statehouse.
The Certificate of Naturalization (N-550) is a proof of U.S. citizenship that an individual from another country acquire through naturalization. This guide covers getting, keeping, and replacing the naturalization certificate, common issues, and some not-so-common facts about it.
Certificate of Naturalization and the Certificate of Citizenship: What is the Difference?
Both the Certificate of Naturalization and the Certificate of Citizenship confirm U.S. citizenship, but they are issued under different circumstances.
Certificate of Naturalization is given to individuals of different nationality who have become U.S. citizens through the naturalization process. It signifies that a person born in another country has met all the requirements and has voluntarily chosen to become a U.S. citizen (through U.S. citizen parent)
Certificate of Citizenship is for those who acquired U.S. citizenship at birth or through other specific means, despite being born outside the U.S. For instance, a child born abroad to U.S. citizen parents or a child adopted by U.S. citizens parents may receive this certificate.
Who is eligible for the Certificate of Naturalization?
To get a Certificate of Naturalization you must first file an N-400 Application for Naturalization with the federal authority, the U.S. Citizenship and Immigration Services (USCIS). This application must be accompanied by the correct fee and supporting evidence to establish eligibility, such as proof of lawful permanent residency, good moral character, knowledge of English and U.S. civics, and evidence of compliance with the applicable naturalization laws.
Applicants must meet all pertinent eligibility requirements, which generally include:
For detailed eligibility requirements, you can refer to Volume 12, Part D – General Naturalization Requirements and other relevant parts of the USCIS Policy Manual.
Contents of the Certificate of Naturalization
The Certificate of Naturalization contains specific information that identifies the naturalized citizen and confirms their U.S. citizenship. The key components include:
- USCIS Registration Number (A-number), also known as the alien registration number
- Complete Individual’s Name
- Marital Status
- Place of Residence (current address)
- Country of Former Nationality
- A recent Photograph (USCIS will use the one taken during the biometric appointment)
- Signature
- Other Descriptors (Sex, date of birth, and height)
- Certificate Number (A unique number assigned to the certificate).
- USCIS Director’s Statement (confirming that the individual has met all eligibility requirements for naturalization)
- Date of Issuance
- DHS Seal and Director’s Signature
Issuance of the Certificate of Naturalization
The following steps outline the issuance process:
In cases where the oath requirement is waived due to medical disabilities, USCIS issues the certificate in person in court or by certified mail to the applicant or their legal representative.
Processing time for N-565 Application is several months. Apply as soon as possible if the certificate is lost, stolen, or damaged.
Gender Changes
Gender on a Certificate of Naturalization is based on the information on the N-400 application. As of March 31, 2023, USCIS does not require an applicant to submit supporting evidence to change the gender listed on one’s immigration documents. However, this is one exception.
If you want to update your gender information on a Certificate of Naturalization or Certificate of Citizenship, you must still provide the required supporting documentation of legal recognition of the change: court records, a government-issued document (for example, passport or driver’s license), or a medical certification and records.
To learn more, see USCIS Policy Manual Volume 12, Part K, Certificates of Citizenship and Naturalization, Chapter 4, Replacement of Certificate of Citizenship or Naturalization.
How to Obtain an “Authenticated” Copy of a Certificate of Naturalization
If you need an “authenticated” certified copy of your Certificate of Naturalization or Certificate of Citizenship for non-U.S. government purposes, you must schedule an appointment with your local USCIS office to get your photocopy authenticated.
The term “Authentication,” used by the U.S. Department of State and other governments, is synonymous with what is called a “Certified True Copy.” Both terms mean the same thing. When requesting authentication, specify that you need a “Certified True Copy” of the certificate.
You do not need a Certified True Copy if a U.S. government agency requests your certificate for official business. In such cases, a regular photocopy of your certificate will suffice. For instance, when applying for a U.S. passport, you should submit the original Certificate of Naturalization along with a standard photocopy, not an authenticated one.
To certify a copy of your certificate, follow these steps:
- Schedule an appointment with your local USCIS office.
- Bring both the original certificate and the photocopy to the appointment.
USCIS does not authenticate or certify copies via post or electronically. To book an appointment, call the Contact Center at 800-375-5283.
When attending your appointment, ensure you bring:
- Your original Certificate of Naturalization or Certificate of Citizenship
- A photocopy of the certificate
- A photo ID (such as a driver’s license, state ID card, or passport)
A designated USCIS employee will review your documents at the appointment. They may certify the copy if they can confirm your identity and U.S. citizenship status.
If you are requesting a Certified True Copy for a deceased U.S. citizen, provide evidence of your relationship to the deceased person (e.g., birth certificate, marriage certificate, death certificate, or other relevant documents).
USCIS will provide the Certified True Copies you request and return all submitted documents to you. They do not collect fees from any government agency and will not forward Certified True Copies to other agencies. All documentation, including materials from the DHS, will be returned to you. For naturalization service from the U.S. Department of State, Authentication Office, contact them through their online form.
What are Reasons for Revoking the Naturalization certificate?
There are three main reasons why USCIS can revoke someone’s naturalization:
Important! If you became a citizen through military service, but are discharged under “other than honorable” conditions before completing five years of honorable service, your citizenship can be revoked.
Frequently Asked Questions (FAQ’s)
Get Expert Help with Your Naturalization Process
The Certificate of Naturalization is crucial for those who have become U.S. citizens. Understanding its details, how to obtain or replace it, and addressing any potential issues is vital for maintaining your citizenship.
For personalized assistance and expert guidance throughout the naturalization process, contact Herman Legal Group today. Our experienced immigration attorneys are here to help you navigate every step with confidence. Reach out for a consultation to ensure your citizenship journey is smooth and successful.
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Brother of PhD Engineering Student in Cleveland Wins Golden Ticket Out of Ethiopia, Only to Be Defrauded by US Embassy Refusing to Interview Him Before Green Card Lottery/Diversity Visa Deadline 9/30/2024
Mr. Tsegaye Sisay Tegegn, a citizen and resident of Ethiopia, won the Green Card Lottery in 2023. Not only was it his dream to come to the U.S., to join his brother who is a Ph.D. Chemical Engineering Student at Case Western Reserve University in Cleveland, but he also seeks sanctuary from the ethnic and religious violence plaguing his beloved homeland.
After winning the lottery, he paid the filing fees, filled out all the forms, and has patiently waited since the Summer of 2023 for his immigrant visa interview at the US Embassy in Addis Ababa. He paid these fees with reasonable expectation that the Department of State was willing to adjudicate the immigrant visa application in a timely, fair, and non-arbitrary manner.
However, the U.S. Embassy has refused to schedule his immigrant visa interview, or to transfer to another post.
If he is unable to secure the visa by 9/30/2024, this visa opportunity expires by operation of law, and is gone forever.
Attorney Richard Herman, who represents Mr. Tegegn before the Department of State, says that if the Government did not have the intention or the capacity to fulfill this basic function, it should have properly warned Mr. Tegegn, prior to his paying the filing fees, that it had no intention or capacity to timely adjudicate the petition.
No such warning or advisal was provided.
In the private sector, this conduct would be analogous to Consumer Fraud.
Attorney Herman, also states: “This is outrageous, fraudulent, and discriminatory conduct by the State Department. In addition to outright misrepresentation, there is the strong stench of institutional racism. If Mr. Tegegn were white and from Sweden, just to pick a random European country, his Diversity Visa interview would be scheduled, timely, and without a hiccup. Ironically, the US “Diversity” Lottery Program does not value diversity, and in fact, actively discriminates against those of color.”
With the assistance of Attorney Jath Shao, from the Herman Legal Group, Mr. Tegegn has recently filed a lawsuit in Federal District Court in Cleveland, against the State Department, alleging that it has violated his due process rights to fairly and timely adjudicate his visa petition (Case number1:24-CV-01399).
Thus far, the position communicated by the State Department is that they will fight the lawsuit.
Due to the dangers in Ethiopia, U.S. Citizenship and Immigration Service has has designated Ethiopia under the Temporary Protected Status program, providing sanctuary to many Ethiopians already in the U.S., such as Mr. Tegegn’s uncle, who also resides in Cleveland.
Mr. Tegegn’s brother, Zemene, states: “It’s incredibly frustrating and bewildering that despite my brother doing everything required over a year ago, his case remains stuck in bureaucratic inaction. The lack of response or urgency from the authorities has left our family in emotional and financial distress. If my brother is able to come and join me, I can finally focus on my PhD studies, as his situation has been a continuous source of distraction and anxiety.”
The fair resolution, in order to fulfill Department of State’s legal and moral duty, would be to schedule this immigrant visa interview at any appropriate US Embassy so that the visa can be issued prior to the deadline of September 30, 2024.
Citizenship Can Generally Not Be Granted Where a Green Card is Obtained by Fraud or Government Error
In the journey towards U.S. citizenship, one crucial step is proving that your status as a Lawful Permanent Resident (LPR) was obtained properly and lawfully. This comprehensive guide is designed to help green card holders interested in applying for citizenship understand the eligibility requirements and processes involved in verifying an applicant’s lawful permanent residency status during naturalization proceedings.
Key Takeaways
Applying for Citizenship: Was Green Card Issued Legitimately?
N-400 Will Be Denied if the Green Card Was Obtained by Fraud or Government Mistake
In becoming a U.S. citizen, one key part is showing that your Lawful Permanent Resident (LPR) status was obtained legally. This article is for green card holders to understand the rules and how to prove LPR status during naturalization.
LPR at Time of Filing and Citizenship
This section examines the status of a Lawful Permanent Resident (LPR), also known as a green card holder, when filing for a specific action. It focuses on the requirements for becoming a U.S. citizen through naturalization. Specifically, it will address whether an individual must be an LPR when applying or if some flexibility exists.
Lawful Admission for Permanent Residence
When assessing an applicant for naturalization, it’s important to start by asking how long they have held permanent resident status. If they have possessed their green card for either 3 or 5 years, further investigation is needed to ensure their LPR status was lawfully obtained.
According to Section 318 of the Immigration and Nationality Act (INA), citizenship applicants must demonstrate they were legally admitted to the United States as permanent residents during their initial admission, adjustment of status, and all subsequent reentries into the country.
If LPR status was obtained illegally—whether by fraud, misrepresentation, or otherwise—an applicant is not eligible for naturalization, even if they have a valid Permanent Resident Card (PRC).
Lawfully Admitted for Permanent Residence
“Lawfully admitted for permanent residence” refers to being granted the right to live permanently in the United States as a lawful permanent resident under immigration laws, without any change to that status (INA § 101(a)(20)).
- The applicant acquired LPR status through mistake or fraud.
- The applicant was not admitted in accordance with the law.
Furthermore, it is also mandatory to know that green card holders cannot sponsor their parents to become permanent residents of the U.S. Furthermore if the applicant satisfies all the requirements, they become eligible to petition for a green card for parents.
LPR Status Through Mistake or Fraud
Here are some examples:
Marriage fraud occurs when someone marries solely to obtain a green card. Extensive investigations are conducted before and after issuing the green card to ensure the marriage is genuine. Even if the individual remains married with the conditions removed, they are not considered to have obtained their green card legally if the marriage was fraudulent, making them ineligible for citizenship.
This is when someone is petitioned by a family member, usually a parent, as an “unmarried son or daughter” when, in fact, they are married. The intention is often to reduce the green card waiting period. This misrepresentation makes the person not have gotten their LPR status legally.
USCIS may sometimes issue a green card due to an administrative error or oversight. If the applicant submitted all necessary information, the fault lies with the government. However, some states have restrictions on revoking a green card issued in error.
Abandonment of Lawful Permanent Residence
An applicant who has abandoned their LPR status is not eligible for citizenship. Abandonment is when the applicant shows they no longer intend to reside permanently in the U.S. as an LPR after they leave. Various things are considered: time away, reason for travel, intent to return, and ties to the U.S.
USCIS looks at these things to see if the applicant intended to abandon their LPR status:
- Time away from the U.S.
- Travel reason
- Intent to come back as an LPR
- Ties to the U.S.
Long or frequent absences, along with other things, can be abandoned even though the applicant is allowed to come back to the U.S. as an LPR.
Change of Law
A non-citizen who was lawfully admitted for permanent residence under the laws in effect at the time of their initial entry is legally admitted for naturalization purposes, even if they would not be eligible under current law unless otherwise provided by the governing law.
Basis of Admission
Applicants must be eligible for one of the immigrant visa categories under the law to adjust to LPR status. Officers must check the underlying immigrant visa petition or basis for immigration that was the basis for the adjustment of status or admission as an immigrant.
Even if admitted as an LPR, the applicant might not be eligible for naturalization if the underlying petition was approved incorrectly or illegally.
For applicants admitted on a K-1 fiancé(e) visa, they must have intended to marry their U.S. citizen fiancé(e) within 90 days of admission and have met each other in person within two years of the petition unless waived. Not meeting these requirements makes them not eligible for citizenship.
Applicants admitted as an LPR might be inadmissible if they fell into any of the inadmissible noncitizen classes, including those with refugee status, and therefore not eligible for LPR status. Grounds of inadmissibility include health issues, criminal activity, security concerns, public charges, labor certification requirements, and more.
Inadmissibility Section
The Inadmissibility section delves into why someone might be prohibited from entering or remaining in a particular country. It outlines the various categories of inadmissibility, encompassing factors like criminal history, health concerns, national security risks, and even the potential to become a public burden.
This section will explore the specific criteria for each inadmissibility category and the consequences of being deemed inadmissible. It may also touch upon the possibility of waivers or exemptions for certain inadmissibility grounds.
Inadmissibility Grounds
Certain inadmissibility grounds, including failure to meet physical presence requirements, make the applicant not eligible for admission as an LPR or adjustment of status. With reference to USCIS, these are:
- Health-Related Grounds (INA 212(a)(1)): Communicable diseases of public health significance, physical or mental disorders associated with harmful behavior, drug abuse or addiction, and failure to present required vaccinations.
- Criminal and Related Grounds (INA 212(a)(2)): Moral turpitude, drug offenses, multiple criminal convictions, and other specific criminal activities.
- Security and Related Grounds (INA 212(a)(3)): Espionage, sabotage, terrorism, totalitarian party membership, and genocide.
- Public Charge (INA 212(a)(4)): Becoming a public charge.
- Labor Certification and Qualifications for Certain Immigrants (INA 212(a)(5)): Not meeting labor certification requirements.
- Illegal Entrants and Immigration Violators (INA 212(a)(6)): Those who entered the U.S. without inspection, fraudulently, or through willful misrepresentation.
- Documentation Requirements (INA 212(a)(7)): No valid passport, visa, or entry document at the time of admission.
- Not Eligible for Citizenship (INA 212(a)(8)): Draft evaders and those not eligible for citizenship.
- Aliens Previously Removed (INA 212(a)(9)): Noncitizens previously removed or who unlawfully returned to the U.S. after removal.
- Miscellaneous (INA 212(a)(10)): Polygamists, international child abductors, unlawful voters, and tax evaders.
Inadmissibility Examples
- Health-Related Issues: A contagious disease applicant must not be a public health risk and may need a medical exam and treatment.
- Criminal Activity: A moral turpitude criminal must show rehabilitation and not be LPR-ineligible.
- Public Charge: Employment records, tax returns, and affidavits of support.
- Fraud and Misrepresentation: Fraudulent LPR applicants must address fraud and seek waivers if available.
Waivers of Inadmissibility
In some cases, applicants can apply for waivers. For example:
- Health-Related Grounds: Waiver if communicable disease and receiving treatment are not a public health risk.
- Criminal Grounds: Waiver for old criminal convictions or rehabilitation.
- Fraud and Misrepresentation: Waiver if extreme hardship to U.S. citizen or LPR family member.
Removal Proceedings
USCIS will not consider a naturalization application for an applicant in removal proceedings, except those based on military service. An applicant with a final order of removal is not eligible for naturalization unless the order is vacated or the applicant meets specific military service requirements.
Deny naturalization application if an applicant has a final order of removal, except for military service.
USCIS cannot naturalize an applicant with removal proceedings pending, except for specific military service cases. An NTA means removal proceedings are pending, and the naturalization application must be denied.
As of November 18, 2020, USCIS will deny naturalization applications if the applicant is in removal proceedings initiated by a warrant of arrest. (Volume 12, Part D, Chapter 2)
Exceptions to LPR Status Requirements
This section dives into the limited situations where an individual might be eligible for a benefit typically reserved for Lawful Permanent Residents (LPRs) even without holding current LPR status. It will explore these exceptions in detail, outlining the specific circumstances under which they apply.
Common examples may include non-citizen nationals born in certain U.S. territories seeking naturalization or spouses of U.S. citizens abroad under particular conditions. This section will clarify the requirements and processes for obtaining the benefit despite the lack of traditional LPR status.
Non-citizen nationals of the United States (e.g., born in American Samoa or Swains Island) can naturalize without LPR status if they meet all other naturalization requirements.
Certain members of the U.S. armed forces serving under specific conditions are LPR-exempt for naturalization.
Common Scenario: Fraudulent Marriage Discovered During Naturalization Process
During naturalization, it’s discovered the applicant previously entered into a fraudulent (malicious) marriage, which was the basis for their green card. This is a big problem for naturalization and LPR status.
The Impact of Fraudulent Marriage
If a marriage was entered into to evade U.S. immigration laws, that’s fraud. Since the LPR status was obtained based on that marriage, it’s unlawful, and the applicant is not eligible for naturalization under INA 318.
Procedure for Fraudulent Marriage
- Evidence Review: USCIS officers review marriage evidence: timeline, documents, and sufficient evidence to prove the marriage was entered into in good faith.
- Notice of Intent to Deny (NOID): If fraud is evident, issue a NOID to the applicant with reasons for denial.
- Opportunity to Respond: Applicant responds to NOID with evidence or arguments against fraudulent marriage.
- Adjudication: USCIS decides. If fraudulent, deny naturalization application.
Fraudulent Marriage Consequences
- Deny Naturalization: Applicant will be denied naturalization because of the fraudulent marriage that led to LPR status.
- Start Removal Proceedings: USCIS may start removal proceedings since LPR status was unlawful.
- Criminal Charges: Depending on the fraud severity and type, the applicant may face immigration fraud charges.
Frequently Asked Questions (FAQ’s)
Take the Next Step Towards U.S. Citizenship
Proving the lawful acquisition of your green card is a vital part of the naturalization process. Ensuring that your LPR status is legitimate and compliant with U.S. immigration laws can prevent delays or denials in your citizenship journey. If you have any concerns about your status or need expert guidance on your naturalization application, Herman Legal Group is here to help. Contact us today at 1-216-696-6170 to secure your path to U.S. citizenship and protect your future.
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24/7 Support, Just A Call Away!
A Deep Dive Into the N-400 Process: Timeline, Cost, and Requirements
By: Richard T. Herman, Esq.
For many foreign nationals, the ultimate immigration goal is to obtain citizenship in the U.S. Becoming an American citizen involves the acquisition of new rights and benefits, as well as new responsibilities and obligations.
The legal process by which permanent residents apply for U.S. citizenship is officially called naturalization.
Important steps towards achieving this goal are submitting the N-400 naturalization application that is being processed by the United States Citizenship and Immigration Service (USCIS) and attending the interview to determine whether you meet the requirements.
What are the Naturalization Requirements for U.S. Citizenship?
Age: be at least 18 years old on the date you file your citizenship application.
Lawful Permanent Residency: have had a permanent resident status: the minimum is 5 years (or 3 years if married to a US citizen).
Continuous Residence: you can’t travel outside the U.S. for extended periods that would break your residency status.
Physical Presence: you have been physically present in the U.S. for a certain period within the last 5 years (or 3 years if you are married to a U.S. citizen, or you were married to a U.S. citizen and got your permanent residency through VAWA or as a widow).
State Residency: You have lived in your current state or USCIS district for at least 3 months before applying.
Good Moral Character: broadly defined requirement means you have no criminal history for 5 years before filing and during the period leading to citizenship. Committing certain crimes such as immigration fraud, domestic violence or drug offenses will negatively affect your application.
Attachment to the U.S. Constitution: You must show allegiance to the principles and values of the U.S. Constitution. If you are a male and lived in the U.S. between 18 and 25, you need to register with the Selective Service System for military service before applying for U.S. citizenship.
Two-part Naturalization Test (English Language Test and Civics Test Requirement): You’ll need to pass both tests to show a basic understanding of spoken and written English, as well as U.S. history and government.
Exceptions to Naturalization Test Requirements
There are a few exceptions:
Age:
- 50 or older with 20 years old can skip English tests but must take Civics test.
- 55 or older with 15 years can skip both tests.
- 65 or older than 20 years can skip both tests and the Civics test has a reduced question pool (20 out of 100).
Disability:
- Applicants with disabilities (for example, learning disability, or mental impairment) that last or are considered a developmental disability for at least 12 months can be exempt from both tests with approval by a medical doctor (Form N-648), the Medical Certification for Disability Exceptions.
Military Service:
- Peacetime military service individuals who served at least one year are exempt from continuous residence and physical presence.
- Veterans with wartime service can file at any age and are besides the above-mentioned requirement, exempt from permanent residence status as well. They still must meet good moral character requirements for at least one year before filing and during the naturalization process.
U.S. Military Personnel:
- Permanent residents who are current or former members of the U.S. armed forces cannot have deserted or been discharged due to their non-U.S. citizen status. They must also meet various military service requirements to be eligible for naturalization.
When to Apply for U.S. Citizenship?
How long you can wait before you can file for naturalization generally depends on your situation.
Apply After 5 Years as a Green Card Holder
- Need to be physically present in the US for at least 30 months within those 5 years.
- If you meet the physical presence requirement, you can file 90 days before your 5th permanent residency anniversary.
Apply After 3 Years if Married to a United States Citizen
- Married to a U.S. citizen and living together and being a green card holder for at least 3 years.
- Physically present in the US for at least 18 months within those 3 years.
- Can file 90 days before your 3rd Green Card anniversary if you meet the presence requirement.
- (Exception: VAWA or widow(er) green card holders)
Peacetime and Wartime Military Service
a) Married to a United States citizen who died serving? File anytime.
b) Active Duty or recently separated ( 1+ year in peacetime US military)? File now.
- While on deployment (Green Card/presence requirement waived).
- Within 6 months of separating honorably.
c) Permanent resident (peacetime service, less than 1 year)? Wait 5 years as a Green Card holder with 30 months of physical presence (honorable service can count).
d) Lawful Permanent Resident (peacetime service, 1+ year, discharged > 6 months)? Similar to above (5 years, 30 months presence, honorable service can count).
e) Wartime service (any length): File anytime!
Important Note: Your spouse must be a U.S. citizen for at least 3 years (except for VAWA or widow(er) green card holders).
The Naturalization Process: Step by Step to Become a U.S. Citizen
Here’s a breakdown of the key steps for green card holders to follow:
Step 1: Application and Filing Fee
- Fill out Form N-400: The U.S. Citizenship and Immigration Services (USCIS) handles these applications, and you can also apply online. Be aware of the 90-day early filing rule.
- Pay the filing fees: A one-time application fee and a separate fee for fingerprinting and background checks.
- Wait for receipt notice: You’ll get a notice within a few weeks that USCIS has received your application. Make sure everything is filled out correctly to avoid delays.
Step 2: Biometrics Appointment
Once the first U.S. citizenship step is approved, you’ll get an interview appointment.
- Get fingerprinted and photographed: USCIS will schedule an appointment for you to give fingerprints and a photo.
- Background check: During the biometrics process, a USCIS officer will do a background check to verify your information.
Note: Bring your appointment notice (Form I-797C) and valid photo identification (such as your Green Card, passport, or driver’s license).
Step 3: Citizenship Interview at the USCIS office
- Meet with a USCIS officer: The interview will take place at a USCIS office and is to confirm your information, basic English and civics test, and whether you will perform civilian service or military for the U.S. if called upon to do so.
- Bring your income tax returns: Bring certified income tax returns for the last 5 years (3 years if you are married to a U.S. citizen).
- Answer truthfully: Make sure your answers match what you submitted in your application because your honesty will be on the test.
- Decision after the interview: The USCIS officer will tell you if your application is approved, denied, or needs further review (e.g. failed the civics exam).
Step 4: Naturalization Ceremony (if approved)
- Oath of Allegiance: If approved, you’ll get a notice for a naturalization ceremony.
- Certificate of Naturalization: After the ceremony, you’ll receive a Certificate of Naturalization as proof of U.S. citizenship.
- U.S. Passport: Immediately upon receiving your Certificate of Naturalization, you can file the DS-11 Application with the U.S. State Department to apply for a U.S. Passport.
How much does it cost to file for U.S. citizenship?
The United States Citizenship and Immigration Services USCIS has a new fee schedule for N-400 Naturalization Applications effective April 1, 2024.
Here’s the breakdown:
- Online Filing: $710 (with or without biometrics)
- Paper Filing: $760
Income-Eligible Applicants
No fee reduction for applicants whose household income is between 150% to 400% of Federal Poverty Guidelines. They will pay $380 regardless of filing method (online or paper) and biometrics.
Can’t afford to pay for your naturalization application fee?
- USCIS offers fee waivers and reduced fees to help eligible applicants.
- Who qualifies?
- People receiving government assistance based on income (means-tested benefits)
- Households with income below 150% of the Federal Poverty Guidelines
- Individuals with documented financial hardship
- Reduced Fee Option:
- Available for households with income between 150% and 400% of the Federal Poverty Guidelines
- Reduced fee is $380 (half the regular fee)
- Fee Waivers (Form I-192):
- Currently only available with paper applications (online coming soon)
- Seek legal help if unsure about eligibility
- Exempt Categories (Form N-400):
- Victims of human trafficking (T visas)
- Victims of certain crimes (U visas)
- VAWA self-petitioners and derivatives
- Abused spouses/children under CAA, HRIFA, NACARA
- U.S. military service members (depending on eligibility)
Can’t afford to pay for your naturalization application fee?
USCIS offers fee waivers and reduced fees to help eligible applicants.
Who qualifies?
- People receiving government assistance based on income (means-tested benefits)
- Households with income below 150% of the Federal Poverty Guidelines
- Individuals with documented financial hardship
Reduced Fee Option:
- Available for households with income between 150% and 400% of the Federal Poverty Guidelines
- Reduced fee is $380 (half the regular fee)
Fee Waivers (Form I-192):
- Currently only available with paper applications (online coming soon)
- Seek legal help if unsure about eligibility
Exempt Categories (Form N-400):
- Victims of human trafficking (T visas)
- Victims of certain crimes (U visas)
- VAWA self-petitioners and derivatives
- Abused spouses/children under CAA, HRIFA, NACARA
- U.S. military service members (depending on eligibility)
Can I Have a Dual Citizenship?
The U.S. allows you to become a U.S. citizen while keeping ties to your heritage country. But you need to understand how dual citizenship works and the consequences.
Citizenship responsibilities
- You owe allegiance to both the U.S. and your other country. In the event of a conflict between both countries, you owe primary allegiance to the U.S.
- This may mean following the laws of both countries and fulfilling any obligations, such as voting or military service (if required by the other country).
Effect on Your Native Citizenship
As other countries may have different policies, it’s highly recommended you contact the embassy or consulate of the country you are a citizen of to find out their stance on this.
Naturalization FAQs
1. What Do I Do If My Name Has Changed Since I Got My Green Card?
Submit legal proof of the name change with your N-400 application. Be consistent across all documents.
2. How Do I Fix Errors or Omissions in My Green Card Information?
Explain the errors and provide supporting documents. You may also need to file Form I-90 to correct it.
3. How Do I Show Continuous Residence and Physical Presence in the U.S.?
Submit documents such as tax returns, employment records, school transcripts, rental agreements, utility bills, and travel records.
4. What If I Miss My Biometrics Appointment?
USCIS will reschedule it but repeated absences can cause delays or denial.
5. How Long Does It Take to Process My N-400?
Processing times vary but generally 8-12 months. Check the USCIS website for current processing times.
6. How Do I Change My Address After I Submit the N-400?
Update your address using USCIS Form AR-11, Alien’s Change of Address Card, within 10 days of moving.
7. What Do I Do If I Make a Mistake on My N-400?
Notify USCIS as soon as possible. Fix errors at your biometrics appointment or naturalization interview.
8. What Happens If I Get Divorced During My N-400 Application?
If applying based on marital union to become a U.S. citizen, a divorce can affect your eligibility. You may have to wait longer to apply based on general eligibility requirements.
9. What If I Don’t Pass the English or Civics Test?
You have two chances to pass each part of the test. If you fail both, your application will be denied but you can reapply.
10. Can Military Service Expedite Your Application?
Active duty or veteran status can expedite your application and waive some naturalization requirements. Submit Form N-426, Request for Certification of Military or Naval Service, with your application.
11. Can I Naturalize If I Have a Pending Asylum Case?
No, you must first be granted asylum and then adjust your status to a lawful permanent resident before you can naturalize.
12. Can I File Form N-400 While My Form I-751 is Still Pending?
Yes, you can file Form N-400 while your Form I-751 is still pending. If you have submitted Form I-751 (Petition to Remove Conditions on Marriage) to obtain a full green card after your conditional green card, you may become eligible to apply for naturalization even while your I-751 is still being processed.
When you file Form N-400 in this situation, include the notice of receipt (Form I-797, Notice of Action) from USCIS confirming they are processing your I-751 petition.
13. Can I Naturalize If I Owe Child Support?
There is a good moral character issue with unpaid child support. Is this criminal conduct? You should consult with immigration experts to see if there are any mitigating circumstances.
14. Am I Ineligible for Naturalization if I mistakenly and unlawfully registered to vote and/or voted in a federal or state election?
Yes, but you might still be eligible. Here’s the key:
- Mistake matters: Did you honestly believe you could register?
- Timing matters: Did it happen within the past 3-5 years?
USCIS considers these when deciding your “good moral character.”
15. Can I leave the U.S. after naturalization, but before I get a passport?
No, U.S. citizens must enter and exit on a U.S. passport. You need to wait around a week after naturalizing to apply for your passport.
16. Can I Naturalize Through My Great-Grandparents?
Maybe, but it requires significant effort to gather documents: birth, death, and marriage certificates for your ancestors, ideally including the original documents from their home country, arrival information, and naturalization documents.
The National Archives (NARA) is a helpful resource. They can assist with document searches and may even have your ancestor’s naturalization records. Keep in mind that certain records are held by courts.
USCIS Resources for Form N-400 and Naturalization Test
Naturalization resources are key to the journey to U.S. citizenship. To help applicants with this process the U.S. Citizenship and Immigration Services (USCIS) offers a variety of online resources to guide and support you:
1. Citizenship Resource Center is a one-stop shop for all naturalization information. It has a wealth of study materials, guides, tools, and resources in multiple languages.
2. Materials for the English test and civics test include:
- Flashcards: Digital flashcards for U.S. history, government, and integrated civics.
- Reading and Writing Vocabulary Lists: Vocabulary you need to know for the English reading and writing tests.
- Interactive Practice Tools: Online tools to practice how to read, write, and speak basic English in a test-like format.
- Videos and Infographics: Educational videos and infographics to explain key concepts in an easy-to-understand way.
3. Civics Test simulates the actual civics test and allows you to practice answering questions about U.S. history and government. The test has multiple-choice questions randomly selected from the 100 civics questions.
4. 10 Steps to Naturalization (PDF) is a comprehensive guide that breaks down each step of the naturalization process.
5. Naturalization Eligibility Worksheet is an online tool to help you determine if you are eligible for naturalization.
6. Self-help guides and Webinarsprovide in-depth information on eligibility requirements, the application process, and preparation tips for the naturalization interview and test.
7. USCIS Contact Center has phone and email support where you can ask questions about your application, get help with technical issues with online filing, and get updates on your case status. The contact center also has live chat options for live assistance.
Seek Legal assistance: Citizenship and Naturalization Services
While it may seem straightforward, the process of obtaining U.S. citizenship can be complex. Consulting with an immigration lawyer before you apply for U.S. citizenship can significantly benefit you:
- Expertise: We understand the intricacies of the N-400 form and can guide you through each section, ensuring you provide accurate and complete information.
- Eligibility guidance: Lawyers can assess your eligibility for naturalization based on factors like physical presence requirements and good moral character.
- Document preparation: We can help you gather and organize the necessary documents, such as proof of permanent residency, tax returns, and character references.
- Avoiding delays: Incomplete or inaccurate applications can lead to delays and potential rejections. Legal assistance can minimize these risks, ensuring a smoother application process.
- Interview preparation: We can prepare you for the naturalization interview by simulating questions and practicing your responses. This can boost your confidence and help you present your case clearly and effectively.
Celebrate Success!
Hopefully, by following the recommendations in this Guide, you will have achieved an approved N-400 and become a U.S. citizen. Upon being sworn in as a U.S. citizen, it’s time to now celebrate. Welcome to joining the American Family!
Due to the Herman Legal Group’s recent experiences with Fifth Third Bank, an Ohio-based bank, the law firm has filed complaints with federal and state regulatory agencies overseeing the bank, for a pattern and practice of refusing to protect and reimburse Ohio victims of fraud.
The firm has had a checking account at Fifth Third Bank in downtown Cleveland for over 20 years.
From June, 2023 until December 2023, the firm’s checking account was repeatedly breached by an unauthorized account takeover. After the firm reported the fraud to Fifth Third, the bank failed to secure the account from on-going theft and refused to reimburse the law firm for its losses.
The law firm believes that the bank misleads victims of fraud and illegally denies reimbursements.
If the bank is not deterred by pushback from an attorney-customer, who is generally considered more sophisticated and better equipped than the average consumer to manage the nuances of attempts at predatory business practices. the firm believes that the average Ohio consumer is left unprotected and vulnerable to their aggressive and over-reaching tactics.
Richard Herman, the law firm’s founder and president, states: “The bank’s intransigence is indicative of its belief that it is immune from the normal constraints upon business, even when it jeopardizes Ohio consumers.”
In addition to filing Complaints filed with the Consumer Financial Protection Bureau, Office of the Comptroller of the Currency, Federal Deposit Insurance Company, Federal Reserve Bank of Cleveland, Federal Trade Commission. the Ohio Attorney General. and the Better Business Bureau, Mr. Herman has also contacted U.S. Senator Sherrod Brown, the Chairman of the Senate Committee on Banking, Housing and Urban Affairs, seeking a Congressional investigation into Fifth Third Bank.
Fifth Third’s actions in this case, as well as investigations into similar practices by other banks, also suggest an industry-wide problem.
In his letter to Senator Brown, Mr. Herman states:
“I applaud your recent efforts, as Chairman of the Senate Committee on Bank, Housing and Urbans Affairs, in conducting the February 1, 2024 hearing: “Examining Scams and Fraud in the Banking System and Their Impact on Consumers.”
I also applaud New York Attorney General Letitia James for filing the January 30, 2024 lawsuit to hold Citibank accountable for failing to protect its customers and require the company to pay back defrauded New Yorkers with interest, pay penalties, and adopt enhanced anti-fraud defenses to prevent scammers from stealing consumer funds. A copy of that complaint is attached.
Fifth Third is failing in their most basic duty. It appears that other financial institutions are failing in this respect as well.”
The denial rate of H-1B petitions has dramatically increased over the past few years. This number is only increasing because the USCIS has provided several reasons to deny H-1B petitions.
These denials usually stem from claims that the employer failed to show the position qualifies as a specialty occupation based on the specialty occupation criteria, failed to pay the required wage, or impermissibly assigned employees to third-party worksites.
So, it is not enough to show you are one of the many computer programmers, you must ensure that the vast majority see that as a specialty occupation. You are also expected to have a bachelor’s degree as the normal minimum requirement which aligns with the government’s position on specialty occupations.
With the USCIS’s recent approach, many H-1B petitioners fear a preordained denial regardless of how well they respond to requests for evidence (RFEs) or appeal their denial to the USCIS Administrative Appeals Office (AAO). One of the challenges virtually faced by many is knowing how to appeal the decision of the USCIS from a proffered position without being a victim of one of the many arbitrary denials.
However, since the denial increased, more H-1B petitioners have challenged the basis of H-1B denials by filing complaints in federal court. Many have succeeded in getting their H-1B denials reversed, while some still had theirs denied.
This article explains the litigation process and provides strategies for immigration attorneys contemplating litigation to challenge an H-1B denial in a federal court.
Challenging H-1B Denials With Federal Court Litigation: Trends and Strategies
There is a popular opinion among most immigration attorneys that the government has become so unreasonable in evaluating requests for immigration benefits. The truth is, there are statistics to back their claim.
With denial reversals at the Administrative Appeals Office (AAO) becoming fewer, attorneys have to develop different strategies to challenge H-1B denials in federal court. Still, many attorneys see bringing H1B denials to court as an overwhelming proposition. However, monitoring trends can be a lesson in going about an appeal.
With that said, here are some trends and strategies to challenge H-1B denials:
Procedural Observations
Most plaintiffs didn’t file an administrative appeal before suing in federal court. They also received an RFE from USCIS before their H-1B petition denial.
Often the most common complaints during the process followed this structure:
- Introduction
- Jurisdiction
- Venue
- Standing
- Exhaustion of remedies
- Parties
- Legal background
- Factual allegations
- Cause of action
- Request for relief
Substantive Observations
H-1B denials of most cases are based on an alleged failure to establish that the position was a “specialty occupation.” Grounds for denial in other cases included an alleged failure to meet the minimum wage requirement, being employed at a third-party worksite, employer-employee relationship, and failure to maintain F-1 status before the H-1B petition.
In even fewer cases, plaintiffs said that the USCIS failed to take action on a timely motion to reopen. They were also said to unlawfully approve the H-1B petition for a shorter duration than warranted and didn’t take action after the AAO’s reversal of the H-1B denial.
Selected Court Decisions
Out of fifty-two cases used in the analysis, twenty-three closed with a voluntary dismissal by plaintiffs. The attorneys involved in these cases claimed the USCIS reopened them in response to the lawsuit. Then afterward, they issued a second RFE before reversing its denial and approving the H-1B petition.
In ten cases, the plaintiff filed a motion for summary judgment, of which two were granted and three were denied.
Decisions for H-1B Plaintiffs
In decisions for H-1B plaintiffs, the court held that USCIS abused its discretion by impermissibly narrowing the statute’s plain language. This was done by requiring a single specifically tailored and titled degree without giving other closely related fields leeway.
In summary, agency action cannot survive judicial review where the agency fails to explain its action satisfactorily. This may consist of a rational connection between the facts found and the choice made. Under this trend, the court did not agree with USCIS’s interpretation that a specialty occupation requires an occupation-specific degree.
The following are some key lessons from these trends, acting as strategic guidance for attorneys with clients experiencing H-1B denials.
- Do not appeal to the AAO
The AAO generally upholds the USCIS’s denial and may even place a stronger denial decision than the initial one. Hence, the best strategy is to go straight to the federal court.
- It is better to file a complaint in the federal district court
Alleging that USCIS was arbitrary and denying the H-1B petition and filing a complaint is the preemptive strategy. The lawsuit may lead to a reopening that causes an H-1B approval if it is done in line with the provisions of the administrative procedure act.
Even if the case proceeds, federal court judges are often more willing to reverse USCIS’s conclusion than an AAO adjudicator.
For filing a motion for summary judgment, like other federal court cases brought, attorneys should address all challenges in the motion. The court will likely agree that United States Citizenship and Immigration Services was not arbitrary in discovering that the plaintiff failed to prove some criteria.
This will be because the plaintiff did not challenge those issues in its motion for summary judgment.
- Provide strong evidence
Lastly, always include strong evidence when raising the issues surrounding your denial because it is a federal lawsuit that will be initiated in federal courts and not district courts; your evidence should be backed by the positions of a good market research analyst. Any failure to be very convincing makes the court uphold the decision of USCIS and prevents reversal.
How to Appeal An H-1B Denial In the Federal District Court: Federal Litigation And Judicial Review?
To appeal an H-1B denial or go through the process of AAO appeal, you need to understand:
- The things to consider when filing a lawsuit in Federal Court to overcome an H-1B denial?
- What documents your attorney will prepare for you for the AAO appeal?
- What happens after filing the lawsuit?
- The alternative you have to appeal your denial showing that the USCIS erroneously determined your petition
Things to Consider During the Process of Filing a Lawsuit In Federal Court
To overturn your denied H-1B, you need to consider some important factors before and during the lawsuit process, and some of them include:
- If a federal court has jurisdiction over the matter
- The constitutional or prudential standing, and any necessary regulatory definition
- Finality
- Merit
- Venue
- The defendants
Documents to Prepare for the Lawsuit In the USCIS Administrative Appeals Office
After all the preliminary preparations have been made to file an APA lawsuit, the attorney must prepare the complaint document. Once the complaint is prepared, the attorney should carefully review the local rules of the federal district court where the complaint will be filed. This will help reveal what other documents must be submitted with it and how.
New Contact Form Submission Online
With the new contact form submission provided, you can submit your name, email address, and phone number with a brief description of your legal issue to get assistance virtually. However, you have to go to the immigration site and submit your inquiry.
Fearlessly Challenging H-1B Visa Denials Through Litigation
Fearlessly challenging H-1B visa denial through federal litigation is the only way to combat the increasing rate of denials. Since the impact of President Trump’s Executive order on the H-1B program, the system has not fully revised its level of acceptance.
After President Trump issued the “Buy American and Hire American” order, the trend by the U.S. Citizenship and Immigration Services (USCIS) heading into the Fiscal Year 2019 H-1B Cap filing season has been to rely on the Department of Labor (DOL). The USCIS then determines denials through the OOH entry.
The DOL’s Occupational Outlook Handbook (OOH) was used to arbitrarily deny H-1B visa petitions for Information Technology (I.T.) positions or computer programmer occupations such as computer systems analysts.
With recent developments and federal litigation, this trend has become less prevalent. However, this wouldn’t be possible without fearlessly challenging H-1B visa denials.
How to Appeal H1B Denial, Refile, or Initiate a Court Case When MTR is Pending?
If you are already in the U.S. on legal status, your employer can file a new I-129 petition on your behalf, provided the rejection issues can be rectified. However, if the issues are not easily corrected, you can extend your current status or change to another status.
Your employer must also file another I-129 petition asking for either a change to a new status or the extension of your current status.
If the filling date or filing period falls after the total petitions for the fiscal year are exhausted, you would have to wait for the next year.
Federal Appeals Court Solidifies Straightforward View Of H-1B Specialty Occupation Definition
A federal appeals court verified a clear interpretation of the specialty occupation definition for H1B visas after the court found out certain positions. This has paved the way for different industries to seek these visas. At the same time, the 9th Circuit Court of Appeals’ December 16 ruling gave employers an additional weapon in their arsenal when challenging denied H-1B applications.
The Lawsuit Challenging Denial of H-1B Visas for Market Analysts
In a recent win for American employers, the USCIS settled a class-action lawsuit. The denials were based on the Department of Labor’s Occupational Outlook Handbook entry (OOH entry) for market research analysts. The USCIS verdict relied on the OOH statement that stipulates market research analyst positions do not regularly need a minimum of a bachelor’s degree to qualify for the job. However, their arguments weren’t valid.
With the settlement, the USCIS issued guidance clarifying that the OOH description and labor statistics does demonstrate the role as a specific specialty occupation since it requires a bachelor’s degree, thus, validating the educational requirements effectively raised.
Hire Herman Legal Group Today!
Not up to six percent of the many cases challenging H1B denials succeed because it is a technical aspect of the law, and you need someone who understands this law and the workings of the USCIS.
If you are one of the twenty-four percent of individuals taking up specialty occupations like computer programmer occupation or you belong to the generation tech group, the chances are that you may have a challenge appealing H1B denials. However, with over 26 years experience in immigration matters, we can help you handle the technicalities of the law.
If you need help with any area of immigration law, don’t hesitate to schedule a consultation with Herman Legal Group by calling +1-216-696-6170. We can discuss with you in our office or via any comfortable video conferencing platform. If you want to schedule a direct consultation with Richard Herman himself, who is the best in immigration law, fill this online form.
Conclusion
USCIS sometimes abuse their visa rights, and, unfortunately, the only way for them to be fair in the law is to engage in litigation. However, in time, we continue to be optimistic that their decisions will be revised with the adoption of fairer regulations.
Are you a degree holder looking to work in the United States? Well, if you are, you might need an H-1B immigration lawyer for an H-1B visa.
Most people applying for H-1B work visas tend to dismiss the importance of immigration lawyers because sponsors may go through the visa process themselves. However, things like visa processing, payments, stamping, and interviews are not always as straightforward as they seem.
Immigration law is a discipline where experience counts, and such experience can be vital to your work visa interview. This is why if you want the best attorney-client relationship, you should go for a lawyer or law firm with a maximum of six years of experience, reasonable legal fees, a good knowledge of the Twenty-First Century Act and how it relates to you as a foreign professional.
This article explains just how important H-1B immigration lawyers to foreign nationals seeking employment from a US employer. Here, you will understand what premium processing service entails for a nonimmigrant worker and why timely filing is essential for individuals and a nonprofit research organization as well as related nonprofit entities.
Who is an Immigration Lawyer?
Due to the sometimes complex nature of employment immigration cases, you may need an immigration attorney. Such an attorney, who should have up to three years experience in immigration services, checks your qualification for a bachelor’s degree, the prevailing wage, and whether you are applying for a nonprofit research organization.
Depending on the country and many other factors, you need to navigate different rules, laws, and regulations to get a successful visa or immigration status.
Although some cases are simple and don’t require special assistance, it is advised to have someone specialized, knowledgeable, and experienced. These individuals, who should have nothing less than a bachelor’s degree, can help you with any immigration process, fee, or issue. Such individuals are known as immigration lawyers.
The H-1B Process and Immigration Lawyers
First, it is essential to take you through some of the H-1B visa process duties to know just how much you might need a visa lawyer.
When looking for a visa abroad, your best bet will be to count on trusted immigration lawyers. Why? The processes can be quite lengthy and tedious. Also, the rules of each process are subject to change, and you can be caught unaware if you don’t have the right information.
Take the H-1B process, for instance. It offers the opportunity for foreign degree holders to live and work in the United States. The visa temporarily gives U.S. employers an avenue to hire qualified foreign workers, especially in specialty occupations.
If the professional skills of the foreigner are required, there is a good possibility of acquiring a U.S. position. However, to be eligible for the H-1B visa, both the prospective employees and U.S. employers must adhere to USCIS regulations and requirements.
These set regulations ensure that every visa action follows the directions of the Department of Labor. An immigration attorney not only understands these rules but knows how to use them in your favor. They can help both U.S. employers and potential foreign workers to meet every requirement set by the U.S. Congress sufficiently.
How Much Does Immigration Lawyer Cost for an H-1B Visa?
Several sponsors and potential employees choose to do the petition themselves rather than pay the fees required for an attorney. This is not surprising because they want to save on visa costs.
H-1B immigration attorneys are experts in immigration matters and getting work visas. The total costs of hiring one vary, and when getting one, you must ensure you’re fine with the invoice of service provided for you.
How to Choose the Right Immigration Lawyer
Before deciding on an immigration attorney for foreign professionals, it is best to meet with at least two or three immigration lawyers to grasp their fees and rates. If there’s too much of a gap between attorney fees, you might need to dig deeper to know why. There is also a need to check for the degree requirement.
You must consider the higher education of the attorney you are choosing. A bachelor’s degree in law is great, but a higher degree like a master’s degree will be better.
As a potential employee, you want someone with a track record of excellence who can help you consider all the immigration options at your disposal that aligns with the requirements of your home country and your employer.
Essentially, you need expert advice all through the process relating to USCIS conditions for the employment you seek and what American competitiveness is all about.
Choosing the cheapest option is not often advisable for labor condition application but always make sure your choice is within your price range. It is advised to do a consultation before you make your choice as an employee.
In the end, you should focus on experienced lawyers as they always know what to do in difficult situations relating to H-1B petition, filing, labor certification and any other thing needed to qualify for the approval status of visas.
How Much Does a U.S. Immigration Legal Services Cost?
Often every lawyer comes with different fees because of their costing and filing methods. That’s why you need to know how to choose immigration attorneys for visa status; and you may need to obtain their portfolio to do this.
Attorneys who have over six years petition experience for H-1B visas will tend to charge more on the job they offer than those law officers who started petition practices recently.
Some immigration lawyers or immigration law firms provide a free initial consultation to discuss issues relating to your job, employee status, company, H-1B visas, and any other information you may need to submit to renew your status or that of your company.
At the same time, a law firm may only bill you for the first consultation if you don’t employ their services afterward. Typically U.S. immigration lawyers and law firms cost between $500 to $2500 depending on your visa type and the applications you would need to make.
Can a Lawyer Get an H-1B Visa for Me?
The H-1B process consists of two major determinants; the petitioning of the USCIS via the state’s ICERT portal system and the sponsorship by a U.S. employer for a fiscal year. Yes, a lawyer can get you an H-1B visa and ensure the completed h classification supplement and any other supplementary documentation is followed.
When you obtain an attorney as a petitioner, you must file a G-28 form. This is used to show the eligibility of an H-1B lawyer to represent a client before the U.S. Department of Homeland Security.
Do I Need a Lawyer for H-1B Transfer as a Foreign Worker?
The straightforward answer is no. You don’t necessarily need a lawyer or law firm for an H-1B transfer. However, it will be helpful to have an attorney or law firm on hand during your visa transfer process for specialty occupation. They have been helping others in a specialty occupation get theirs done; they can do so for you..
This process may come with a little complexity, along with a change in rules. An immigration attorney will be on the current side of this information or requirements. Immigration law services may mean the difference between a denial or approval, and they are also important if you need to make a visa appeal.
What are the Qualities of a Good H-1B Immigration Lawyer?
A good immigration attorney offering immigration law services showcases the following qualities;
- They should have legal practice certification
- Good experience in the immigration field
- Good judgment
- Great communication skills
- Great reputation and references
How to Select an Immigration Law Firm for Your H-1B Visa Application
To choose an immigration attorney for your H-1B application, you must consider their experience and expertise in handling work visas. They should be conversant and suited to H-1B visa laws and their current information.
How Can We Help You Today?
Do you find the whole visa application and renewal process tasking? If yes, then you are not alone as we at Richard Herman have worked with many others in our over 26 years of experience practicing immigration law. To take the burden off your shoulders, you can contact our immigration law firm today and discuss your issues with us; we are always ready to help.
You can contact us and schedule an appointment to happen via ZOOM, Skype, WhatsApp, or any other medium that works for you. For a direct appointment with Richard Herman, you can contact him via +1-216-696-6170 or book online.
Conclusion
An H-1B immigration attorney can come In handy in difficult situations during visa application. They are most needed when you don’t know the application process or ensure that everything goes smoothly. While you may get through some stages yourself, an attorney will help simplify the process at crossroads.
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