Pobjecky & Pobjecky LLP

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Pobjecky & Pobjecky LLP Address: 786 Avenue C SW Winter Haven, FL 33880 Phone: 863-294-0602 Website: http://www.pobjeckylaw.com We are an experienced immigration law firm representing clients on issues ranging from investment visas to family based immigration matters. We can help secure your job placement in the health industry and have also helped athletes and entertainers with immigration solutions.

4 Immigration Scams to Be Aware Of 1. Hiring a Notario Publico A Notary Public in the United States is very different from the definition of a Notario Publico in many Latin American countries. In the United States, a Notary Public is a person who can witness the signing of documents, but it is not a person who can provide any type of legal advice. Since a Notary Public in the United States cannot provide legal services or legal advice, their fees should be nominal. Do not pay a non-attorney to prepare immigration forms which can be found for free at www.uscis.gov. Remember, a Notary Public does not have the necessary education to provide legal advice on immigration matters. In Latin American countries, notarios are attorneys and many immigrants in the United States may confuse the two. Remember, in Florida, a nonlawyer cannot provide legal advice or legal services. It is important to know that you are hiring a qualified attorney. In Florida, if you would like to know whether someone is an attorney licensed to practice law in the state of Florida, go to www.floridabar.org and click on the “Find a lawyer” button. 2. Paying for Fees by Phone Many immigrants are not aware that the United States Department of Homeland Security is never going to ask for fees to be paid over the telephone. Often, unscrupulous scammers target immigrants over the telephone and request the unsuspecting victim to pay fees for immigration services over the phone. The United States Citizenship and Immigration Services (USCIS), will never call an applicant and ask for more detailed information over the phone. Scammers understand that undocumented immigrants and those who have a language barrier are often willing to provide this information by making threats of deportation. Immigration fees can be paid via a variety of methods. Check uscis.gov to verify the correct payment methods, filing fees, and addresses. 3. Receiving an Email That You Won the Green Card Lottery The Diversity Immigrant Visa Program (Green Card Lottery) makes up to 50,000 immigrant visas available each year. They are drawn from a random selection among all entries to individuals who are from countries with low rates of immigration to the United States. Although there is a selection process and some individuals will be given the opportunity to receive a green card through a lottery system, those that are chosen do not receive an email that they have won a green card in the lottery. These types of scams entice the unsuspecting victim by sending an email that they have won and that they will get a green card as long as they complete the signup process at the fake website that is provided in the “winning” email. It is important to know that you will not be notified by email about winning the lottery and you should never pay for fees by following a link from such fraudulent emails. 4. Charging for US Immigration Forms If you are applying to immigrate to the United States, it’s important to know that all of the necessary immigration forms are provided free of charge by the Department of Homeland Security. A number of websites exist that are designed to look like they are affiliated with the Department of Homeland Security. DO NOT pay a fee to download free forms that can be found at www.uscis.gov.

EB-5 Visa: Coming to America Through Investment The EB-5 investment visa program is rapidly growing in popularity as an alternative to visas with stringent requirements. It is also a popular visa considering the strength of the Euro against the U.S. dollar. It is an opportunity to obtain lawful permanent resident status (green card) through investment. The EB-5 visa was enacted by Congress to stimulate the U.S. economy through job creation and capital investment by foreign investors. Each year 10,000 immigrant visas are available and of those 5,000 are set aside for those who apply under a pilot program involving a USCIS-designated regional center. To date, there has been no shortage of the immigrant visas in a given year. The EB-5 visa grants a green card to investors, their spouse and unmarried children. The minimum qualifying investment is $1 million or $500,000 in a Targeted Employment Area (high unemployment or rural area). Regional Centers Applicants have the option of choosing between an individual EB-5 program and a Regional Center. A regional center is an entity, organization, or agency that has been approved as such by USCIS, focusing on a specific geographic area within the United States. It seeks to: Promote economic growth through increased export sales Improved regional productivity Job creation Increased domestic capital investment resulting from the pilot program Foreign investors who chose to invest through a regional center must demonstrate that a “qualified investor” is being made in a new commercial enterprise located with an approved regional center. They must also show that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise. The prudent investor must learn everything he or she can about a regional center. The investor must inquire about a regional center’s track record. The initial EB-5 visa is granted on a two-year conditional basis. In order to remove the conditions the investor must prove that: The new commercial enterprise has been established, the proper amount of capital is at risk The capital investment was lawfully gained The investment has created at least 10 full-time jobs The investor intends to stay in the U.S. and the investor will be engaged in the management of the enterprise Upon approval of the immigrant petition, the applicant receives conditional resident status for two years and prior to the end of the initial two-year period must apply to remove the conditions. The application is filed with supporting documentation that clearly demonstrates that the individual’s investment meets all requirements, such as: Establishing a new commercial enterprise Investing the requisite capital amount Proving the investment comes from a lawful source of funds Creating the requisite number of jobs Demonstrating that the investor is actively participating in the business Where applicable, creating employment within a targeted employment area.