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The USCIS Home Visit: What to Expect and How to Prepare

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What To Do When an Immigration Officer Visits Your Address

It’s essential to know what a home visit from the United States Citizenship and Immigration Services ( USCIS ) entails. Being ill-prepared and not knowing how to handle such a visit might ruin one’s chances at permanent residency or citizenship. Moreover, these visits help legitimize you in the eyes of the law.

Whether or not you are expecting a visit from the USCIS soon, this article hopes to be of immense help. Read on to learn about the basics of USCIS home visits. Its purpose, process, and preparations are outlined here, as well as your rights and what to do after a visit.

For more information and specific questions about immigration, contact  Andrew T. Thomas, Attorneys at Law .

What Is a USCIS Home Visit?

Immigration officers from the USCIS may pay you a visit at home to verify certain things you declared in your application for a green card. If there is doubt as to your application, or there is substantial evidence of fraud or deliberate breaching of immigration law, home visits will also be conducted.

home visit from immigration officer

Home visits could also be conducted to verify the truthfulness of information presented during an interview. These site visits are routine and shouldn’t cause anyone alarm. 

If an immigration officer visits you, you should cooperate with them by providing them with any information or documentation they may require

Understanding USCIS Home Visits

The purpose of home visits.

A home visit from immigration authorities is one of the ways the USCIS conducts further investigation for marriage-based petitions. This is conducted before granting an adjustment of status petition. An administrative site visit is also usual in cases involving work-based immigration petitions. The home or site visit may be conducted before or after the petition is granted.

One of the quickest ways to become a green card holder is to marry a U.S. citizen. However, it can also be abused and fraudulent.

Some individuals marry U.S. citizens only to obtain immigration benefits. The American citizen may be doing the would-be immigrant a favor or are paid to proceed with the marriage. In certain instances, an immigration officer may suspect that a couple is committing marriage fraud even though they are genuinely in love. This is where home visits come into play.

If marriage fraud is suspected, the case may be forwarded to the USCIS’s Fraud Detection and National Security (FDNS) section. This usually entails visiting the couple’s home to verify their legitimacy after the USCIS interview.

The USCIS Home Visit Process

To verify details on an application for immigration benefits, the USCIS may pay a house visit. When making an unexpected site visit, FDNS officials will introduce themselves by giving their name and badge number. In immigration proceedings involving family members, this visit is standard procedure.

When conducting a home visit, USCIS agents will:

Ask permission before entering the house.

Inquire about the relationship.

Ask questions to ensure you are telling the truth.

Request to see certain rooms and spaces within the house.

Verify the lease’s validity.

Record their observations in writing.

View specific items within the home

Confirm that the couple is residing together.

Check the address.

Confirm your identity.

The USCIS may also:

Examine the applicant’s credit history.

Interview people associated with the applicant.

Your Rights During a Home Visit

In the event of a home visit by United States Citizenship and Immigration Services USCIS, you may:

Only respond to inquiries when an  immigration lawyer  is present.

Give your consulate a call.

Refuse the immigration officers’ entry to your house.

Obtain copies of all the records that pertain to your immigration case.

Refuse to respond to inquiries on your immigration status.

Refuse to present identification documents bearing your nationality.

Refuse to sign any documents before consulting your immigration lawyer.

Remain silent.

However, you have to exercise your rights respectfully. This is because you do not want to ruin your chances of immigrating by lack of cooperation. Remember that being resistant can harm your case, so proceed with caution.

Preparing for a USCIS Home Visit

home visit from immigration officer

Documentation and Evidence

During a home visit, it’s better if you’re ready to show the following when asked:

Marriage certificate

Adoption certificate

Birth certificate

Birth registration documents

DHS Arrival/Departure Record

Permanent Resident Card

Proof of family relationship

Make sure to keep all your needed documents in a place that is easy to reach. It will also help if your papers are arranged neatly. Proper storage for your documentation may ease the stress of a USCIS home visit.

Household Readiness

Expect immigration officers to do a lot of things during the interview. If you allow them, they might look through the entire house. They may also observe spaces where you eat, sleep, and where you keep your things. These are also known as “bed checks.” These are done to confirm that you are really living together as a couple. You can legally refuse, but suspicions may arise.

After the Visit: Next Steps

To identify any signs of fraud or noncompliance, USCIS will examine an officer’s Compliance Review Report. In that case, the FDNS will forward the matter to the US Immigration and Customs Enforcement for an investigation.

The USCIS takes three to four months to assess an application fully. The agency could need more time if any paperwork is missing or some things need to be sorted.

If any discrepancies are found, your application could be rejected. If the USCIS denies an appeal, you may have to correct a mistake before you can apply again.

You must complete and submit these papers to the USCIS. Usually, you will visit the USCIS field office closest to your location for your scheduled biometrics appointment or interview. For example, if you are in Texas, the nearest office to you might be the  USCIS office in Dallas  or San Antonio.

What To Do If Issues Arise

In case of disputes or misunderstandings arising from a USCIS home visit, it may be best to speak with an immigration attorney. Trying to resolve things on your own might exacerbate issues. On the other hand, an  immigration lawyer  would act in your best interest. Do some research to find an attorney who will fight for your rights to the end.

In Texas, it is best to contact the  USCIS office in San Antonio  or Dallas. You can obtain additional information by visiting a USCIS office, especially if you run into trouble.

Reach Out To an Experienced Immigration Attorney For Help

Preparing for a USCIS home visit is essential in your path toward becoming a green card holder. If things go awry, you may need more help to set things right.

We at Andrew T. Thomas, Attorneys at Law, are happy to assist our clients with immigration matters. Our goal is to help clients obtain legal status by skillfully navigating the difficult U.S. immigration system.

To speak with a competent and compassionate immigration lawyer, contact us to schedule a free consultation!

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Administrative Site Visit and Verification Program

USCIS started the Administrative Site Visit and Verification Program in July 2009 as an additional way to verify information in certain visa petitions. Under this program, immigration officers in the Fraud Detection and National Security Directorate (FDNS) make unannounced site visits to collect information as part of a compliance review.

What is a compliance review?

Immigration officers conduct compliance reviews to ensure that petitioners (employers) and beneficiaries (job applicant or other potential employee) follow the terms and conditions of their petitions. This process includes reviewing the petition and supporting documents, researching information in public records and government systems, and, where possible, interviewing the petitioner and beneficiary through unannounced site visits.

Participating in a site visit is voluntary, but strongly encouraged

Participation in the compliance review process is voluntary. FDNS immigration officers will end a site visit if a petitioner or beneficiary expresses an unwillingness to participate. When this happens, the FDNS immigration officer will complete the compliance review by using all available information and will document the circumstances of around ending the site visit.

Types of petitions subject to site visits

As of fiscal year 2019, FDNS conducts compliance-review site visits on petitions for:

  • Special immigrant religious workers petitions (before and after adjudication);
  • H-1B nonimmigrant temporary visas (after adjudication);
  • L-1 nonimmigrant intracompany transferee executive or manager visas (after adjudication); and
  • EB-5 immigrant investor program visas (before adjudication)

How USCIS chooses site visits 

FDNS randomly selects petitioners for site visits after USCIS adjudicates their petitions. 

Immigration officer tasks

Officers record their observations on a Compliance Review Report. Officers occasionally conduct multiple site visits if they need more information to complete a compliance review.  At the site visit, the officer will:

  • Verify the information, including supporting documents, submitted with the petition;
  • Verify that the petitioning organization exists;
  • Review public records and information on the petitioning organization;
  • Conduct unannounced site visits to where the beneficiary works;
  • Take photographs;
  • Review documents;
  • Interview personnel to confirm the beneficiary’s work location, physical workspace, hours, salary and duties; and
  • Speak with the beneficiary.

How employers should prepare for a potential site visit

Before a site visit : Employers should be prepared to present any information originally submitted with the petition. The immigration officer may also may ask for more information relevant to the petition.

During the site visit : Employers should immediately provide all readily available documents and information that the immigration officer requests.

After the site visit : Employers should provide all additional information that USCIS requests in any follow-up communication.

Why some employers receive repeated site visits

Employers might receive more than one site visit if they petition for more than one beneficiary. Each compliance review focuses on one petition and beneficiary. FDNS will randomly select such employers for multiple site visits. 

What happens after a site visit?

Because FDNS immigration officers are not adjudicators, they do not make decisions on petitions or applications for immigration benefits. USCIS will review an officer’s Compliance Review Report for any indicators of fraud or noncompliance, and, FDNS may refer the case to U.S. Immigration and Customs Enforcement for criminal investigation.

Are your work-from-home employees prepared for a knock on their door from immigration?

Are your work-from-home employees prepared for a knock on their door from immigration?

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U.S. Citizenship and Immigration Services (USCIS) has recently resumed employer worksite visits that were put on hold because of COVID-19 and social distancing precautions. This may pose challenges for USCIS and your company, as much of the workforce is still working from home or telecommuting from outside the office. That means employees should be prepared if immigration authorities knock on the front door of their residence.

A home visit from USCIS may seem unusual and alarming to employers and employees alike, but this is not a new practice for the agency—in the family-based immigration context, USCIS officers visit individuals at their homes as a matter of course to confirm the information listed on their petition or application.

Now is a great time for companies to assess their administrative site visit policies and ensure that employees who may be visited at home by an immigration officer understand what to do, whom to contact and what questions they may be asked.

Employers are usually given notice of a verification check—in the past by letter, but recently via email—although the agency has the authority to show up at a work location unannounced to speak with employees, such as the HR or company representative and the foreign national employee who are named in an immigration petition. Immigration verifications are performed by the Fraud Detection and National Security (FDNS) unit of USCIS, and any employee receiving an officer at their home or worksite should promptly ask for a photo ID and a business card to confirm the officer is in fact from USCIS. For prescheduled or unannounced visits, the company is allowed (and recommended) to have an immigration attorney present.

Employees should know beforehand whom to call in the event of a site visit. During the visit, the FDNS officer may ask HR and immigration managers about its general business and its H-1B program, such as the number of H-1B employees and whether employees are sponsored for green cards, and ask about the individual H-1B employee, such as his or her job duties, work location and date of hire. Officers may also question the H-1B employee directly about his or her job, tenure at the company, immigration or visa status before obtaining an H-1B visa, education and work experience, and request documentation such as recent pay stubs, driver’s license and employee badge. More recently, we have seen FDNS officers question the employee’s work-from-home address, length of time the employee has been working from home, and other aspects of the employee’s telework. Finally, FDNS officers may ask to contact the employee’s direct manager separately to confirm the employee’s information.

Enforcement against employers who violate immigration rules has been a priority of the agency in recent years and the trend is expected to continue. In 2018, USCIS beefed up its FDNS unit and began hiring new officers and amplifying targeted site visits with the aim of doubling the number of worksite visits to 20,000 per year and increasing that number every year. The agency has also increased its information sharing with other agencies, allowing USCIS to access information contained in filings with the Labor Department, such as the labor condition application that companies must file to sponsor an H-1B worker.

It is important that companies review and update their policies and procedures for responding to a USCIS site visit or verification and that employees who are working at home understand the protocols. Although COVID-19 continues to keep most companies’ offices closed or at limited capacity, the pandemic is not preventing USCIS from restarting its site visit program—even when the “worksite” is an employee’s kitchen table or spare bedroom.

Kelli Duehning is a Partner and Michael Sela is a Senior Associate in the San Francisco office of Berry Appleman & Leiden LLP.

This article was originally published in the California Business Journal .

The information contained here is meant to be informational, and while BAL has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.

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Technology | cal poly humboldt closes campus for rest of semester over gaza protests, technology | h-1b visa: federal government officers coming to remote workers’ homes, bay area lawyer reports, citizenship and immigration cites work site visits as critical to program’s integrity.

H-1B application documents (Meri Simon/Bay Area News Group)

With the coronavirus pandemic pushing much of the U.S. into remote work, federal immigration officers are starting to make home visits to ensure that employers and foreign workers on the H-1B visa are complying with the terms of the work permits, a Bay Area immigration lawyer reports.

Companies that hire H-1B workers have typically told them that officers from U.S. Citizenship and Immigration may come to offices to confirm visa compliance, said San Francisco immigration lawyer Kelli Duehning. Now, for foreign workers already anxious over the aggressive approach to immigration and visa enforcement under President Donald Trump, home visits are likely to ratchet up the fear, said Duehning, of Berry Appleman & Leiden.

“There’s something different about an officer from the federal government coming to your workplace than coming to your home. It should be your sanctuary. And now it’s not even safe for them,” Duehning said.

The home visits appear to be a new development, with immigration officials “catching up on these new pandemic practices,” Duehning said. Employers her firm works for have reported that Citizenship and Immigration has been emailing H-1B holders to set up meetings at their homes or offices, but Duehning said she knows of a worker in Mountain View and one in Redwood City who were not contacted in advance before an immigration officer showed up at their door with questions.

“It’s all a little bit scary, especially to those folks who are not used to the process of having an officer come to your house and knock on your door and start asking questions,” she said, adding that in neither case did the officer ask to come in.

Citizenship and Immigration declined to say when it started home visits, for what reasons, how many it has conducted or where. Agency spokesman Matthew Bourke said the agency’s power to conduct work site inspections to verify visa holders’ eligibility and compliance with the law “is critical to the integrity of the H–1B program to detect and deter fraud and noncompliance.” On-site inspections are only conducted at locations that employers have designated as work sites, Bourke said.

The H-1B, intended for skilled workers, has become a target for the Trump administration, which has dramatically increased visa denials for staffing and outsourcing companies that place foreign workers in other firms. The administration has increased minimum wage requirements for the visa program, redefined what types of employment qualify for the H-1B, and plans to replace the H-1B lottery — which grants 85,000 new visas per year — with a wage-based allocation system.

Silicon Valley’s technology industry relies heavily on the H-1B, obtaining visas directly and also employing visa workers through staffing companies. The tech giants push to expand the annual 85,000 cap, maintaining that more visas should be issued so they can secure the world’s top talent. Google, Apple, Facebook, HP, Twitter and LinkedIn were among 46 companies and business groups that earlier this month signed onto a “friend of the court” brief in a lawsuit fighting the administration’s new regulations on minimum pay and qualifying employment.

Critics point to reported abuses and allege that the H-1B is used to drive down wages, supplant U.S. workers and facilitate outsourcing.

Duehning said that when an H-1B worker shifts to remote work that’s not within commuting distance from their designated office, the employer should inform Citizenship and Immigration. The home visits appear to be intended to “confirm that employers followed the rules and are actually reporting if an employee is no longer working in the location they had previously reported.”

She believes a large proportion of H-1B holders are working remotely since many technology and finance companies   have moved largely to work-from-home operations.

Home visits by Citizenship and Immigration are routine in the agency’s oversight of family-based immigration, Duehning noted.

Washington, D.C.-based lawyer Andrew Greenfield of immigration-law giant Fragomen said his office is aware of Citizenship and Immigration officers conducting virtual home “visits” of H-1B workers by phone or email amid the pandemic, but he hasn’t heard of officers showing up at anyone’s door.

The calls and emails appear to be conducted to confirm that visa holders are doing the jobs they’re approved for, in the proper locations, and that they’re receiving the appropriate pay, Greenfield said, adding that a primary task for officers is to ensure foreign workers aren’t brought to the U.S. on a “speculative” basis when there’s no job immediately available.

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Preparing for a USCIS Site Visit: Key Steps and Tips

Worksite visits by u.s. immigration authorities are becoming more common to ensure employers are complying with immigration laws. this article outlines the purpose of these visits, which visa types are subject to them, and key steps employers should take to prepare. it advises designating a company representative, informing hr and legal counsel, confirming the officer's identity, conducting a site inspection and facility tour, answering employee-related questions, reviewing public access files, and conducting an employee interview. proper preparation and adherence to regulations can help employers navigate these visits successfully..

Preparing for a USCIS Site Visit: Key Steps and Tips

Key Takeaways:

  • U.S. immigration authorities may conduct unannounced worksite visits to ensure compliance with immigration laws.
  • The FDNS typically inspects businesses employing foreign workers on specific visa types, including H-1B and L-1 visas.
  • Employers should prepare for worksite visits by designating a representative, informing HR and legal counsel, and having necessary documentation ready.

Understanding Worksite Visits by U.S. Immigration Authorities

As a business employing foreign nationals, it’s essential to stay prepared for unannounced worksite visits from U.S. immigration authorities. These inspections ensure adherence to immigration laws and verify that foreign workers’ employment conditions align with their visa applications. The Fraud Detection and National Security Directorate (FDNS) officers conduct these visits to foster compliance.

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“Participating in the compliance review process is voluntary, but ‘strongly encouraged.’ If the employer or employee refuses to participate, the FDNS ‘will complete the compliance review by using all available information and will document the circumstances around ending the site visit,'” notes the U.S. Citizenship and Immigration Services (USCIS).

Which Visa Types May Be Inspected?

The FDNS typically visits businesses with employees on the following visas:

  • H-1B nonimmigrant work visa
  • L-1 nonimmigrant visa for intra-company transferees
  • EB-5 investor visa
  • Visas for special immigrant religious workers

Preparing for a Worksite Visit

Designate a company representative.

Ensure someone authorized, preferably the individual who signed the visa application, is available to interact with officers during the visit.

Also of Interest:

Understanding uscis vs homeland security vs ice: roles and contact guidelines, do uscis cases get reviewed on weekends, keep hr and legal counsel informed.

HR departments should be aware of possible visits. Include legal counsel if necessary, and don’t hesitate to ask for additional time for counsel to arrive during the visit.

Validate the Officer’s Identity

When an FDNS officer arrives, always ask for proper identification and their USCIS credentials to ensure they legitimately represent the government.

Expect a Site Inspection and Facility Tour

Officers will verify the business address and may request a tour to ensure your operations are genuine.

Prepare for Employee-Related Inquiries

The FDNS officer will ask questions about the foreign worker’s role, work scope, and conditions to confirm they match the visa petition.

Have Public Access Files Ready

For H-1B employees, you should have the required public access files available for review. These files disclose essential details about the H-1B employment.

Anticipate Employee Interviews

Foreign employees should be prepared to discuss their job duties and qualifications, as alignment with their visa petition terms will be checked.

What Happens After a Worksite Visit?

Although FDNS officers don’t make decisions on the spot, their findings contribute to a “Compliance Review Report” for USCIS to evaluate. In cases where noncompliance or fraud is suspected, FDNS may refer the matter to ICE for further investigation.

The Bottom Line

While the thought of immigration checks might be intimidating, knowing what to expect and preparing accordingly can make the process manageable. It’s beneficial to establish clear protocols for dealing with worksite visits. Remember, these checks are usually random and don’t necessarily imply any misconduct.

For more detailed information or if facing a worksite visit, it’s advisable to seek counsel from an experienced immigration attorney. For guidance on immigration policies , visit the official USCIS website.

Worksite visits underscore the importance of staying compliant with U.S. immigration laws, and with the proper approach, employers can ensure a smooth and successful review process.

So, my tech-savvy friends, we’ve reached the end of our fascinating journey into worksite visits by U.S. immigration authorities. Remember, staying prepared is key! Keep your company representative on standby, inform HR and legal counsel, validate the officer’s identity, and expect a facility tour. Don’t forget those public access files and be ready for employee interviews. And hey, if you want even more tips and tricks on navigating the immigration landscape, hop on over to visaverge.com. It’s the place to be! Happy exploring! 🚀

Pocket Piece:

Understanding Worksite Visits by U.S. Immigration Authorities is essential for businesses employing foreign workers. Inspections verify compliance with immigration laws and visa conditions. Designate a representative, inform HR and legal counsel, validate the officer’s identity, expect a facility tour, prepare for employee inquiries, have public access files ready, and anticipate interviews. After the visit, findings are evaluated, and noncompliance may be referred for further investigation. Stay compliant and seek guidance if needed.

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Is USCIS Coming to Your Home?

USCIS is coming to your house. Hi, I'm Jim Hacking , immigration lawyer practicing law throughout the United States at our offices in St. Louis, Missouri, San Diego, California, and Washington, DC. I wanted to make this video because I was down at immigration today and I was wondering, is USCIS going to come to my client's house? And I thought that you might be wondering is USCIS is going to come visit your house. Now we're talking about marriage-based cases. That's really the only time that we've seen that USCIS sends out the fraud unit to people's homes to check to see whether the marriage is legitimate. And I was wondering, what are the signs that USCIS, or what are the things that they look for when they think about sending out the fraud unit to your house? I think one is where the beneficiary was out of status at the time that they got married.

So if the beneficiary has been in the United States, usually on a visit visa and they are either up against the deadline to leave at that six month mark or if they have overstayed the visa and they have now suddenly gotten married and applied for an immediate green card. That's one of the situations where USCIS might suspect that the couple of lives apart or that the marriage isn't legit. So they want to send out that fraud unit. Another instance is when the couple submits very little marital evidence. So the officer either before or after the interview feels like this case has not been properly documented, that they have not gone ahead and submitted all the kinds of evidence that we as immigration lawyers submit on our client's behalf. You want to overwhelm them with evidence. You want to send them so much evidence that they don't even think about coming to your house for an interview.

When else can USCIS come or what else triggers a fraud unit investigation? I think another good sign that your case might be subject to a site visit is if the couple is separated during what's called a Stokes interview. So if you have a Stokes interview , that's where the US citizen or the green card holder who are the petitioner and the beneficiary are separated at the interview. Just because you're separated doesn't mean you'll have a site visit, but the fact that you've had one of those is usually a good indication that you might have a site visit. So if you've been separated in your interview, you might very well be scheduled for a site visit by the fraud unit. Now the fraud unit, they're usually independent officers that don't interact every day like conventional officers do. They're not conducting interviews. They are going out and they're investigating.

And when they come to your house, they usually come early in the morning. The reason for that is that they want to be able to tell if the couple is living together as spouses, as married couples usually do. So if you've had any kind of funny business with your address, then you're also going to be subjecting yourself to a possible site visit. So if you've been using someone else's address, if you've moved and not updated your address, if you've listed two different addresses for the couple, that is that the couple is at different addresses, all of these things might trigger a site visit. Now, as I mentioned, these site visits usually happen early in the morning. They come and knock in, knock, knock, knock on your door and they want to make sure that everybody is sleeping in the same bed. That they're all there at the house.

Sometimes one of the members of the couple are at work. They might call that person and ask them to come back to the house, or they might interview them over the phone. So you really have to be ready for anything. There's lots of things that can happen at the interview . They might go through the house if you let them. They're going to want to see where you sleep, where you eat, where you go to the bathroom, where all the toiletries that you have. They want to make sure that you're living together as husband and wife. I was reading a denial yesterday where there were only women's clothes in the apartment and the US citizen tried to claim that her six foot tall husband was wearing these little petite pants, that these were his pants. It didn't make any sense. So a lot of bad things can happen when the fraud unit comes out.

Now, a lot of times they're just clearing out questions that they have and they end up approving the case. But more often they're out for blood. They're looking for a denial and they might come knocking on your door for that reason. So if an officer comes, obviously ask to see their badges, write down their names and numbers. I would keep a little notepad and I would write down everything that happens. I would write down whatever questions they have, whatever answers you give. As soon as they're gone, I'd want you to write down everything that happened while it's fresh in your recollection. But I think the act of writing it down while they're there actually makes them behave a little bit better.

You're free to not let them in your house, but you're also free to lose your case. So I think that you really need to think through, if you're not engaged in criminal activity, then you probably want to let them come in, show them around. And of course I don't get that worked up thinking about my clients and trying to protect them from a site visit because if your marriage is not legitimate, I don't want to be any part of that. I don't want your case to be approved either, because if you're filing a fake marriage, you're the kind of person that's making life hard for all immigrants. So I would recommend that if officers show up at your house and if they're asking questions, that you should definitely answer their questions truthfully and honestly, you should show them your ID, you should show them who you are, you should walk them through your living room and the rest of your house. You want to show them that this is a real marriage, that we live together as spouses do.

I might say husband and wife, or husband and husband, or wife and wife, whatever it is. And you want to demonstrate that this is a real marriage and that's the whole point because we want to get that I-130 approved. If we get the I-130 approved, hopefully then the green card case itself will be approved. So site visits are stressful and we've been seeing more and more of these, and we've been seeing greater detail placed by the fraud investigators into the reports and into the denials that we've been seeing. So it's a serious matter. If you have questions about a site visit that happened at your house or if you're worried that you might get a visit from the fraud unit, you should give us a call at (314) 961-8200. You can email us at [email protected] . Be sure to join us in our Facebook group which is called Immigrant Home. We'd love to have you in there. We have over 5,000 members in there and people are asking you immigration questions every day.

And then also we have our YouTube channel that you should subscribe to. We're up to almost 900 videos, I think. And we have our YouTube live show on Tuesdays and Thursdays at noon central time. We'd love to see you there. Thanks a lot, and have a great

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home visit from immigration officer

Bdv Solutions Help Center

What is a home or worksite visit?

Immigration officers may conduct a visit to your home or worksite to ensure compliance with the EB-3 program. Home/site visits are standard and are not a cause for concern. If you receive a visit, please collaborate with the immigration officer, and provide them with all requested information or documentation.

Immigration officers may send an email to schedule a specific date and time for a home/site visit. However, visits can often be unannounced.

A good visit will make USCIS’s (United States Citizenship and Immigration Services) job easier and get your approval faster.

How does USCIS choose where to conduct a home/site visit?

Visits are conducted randomly.

What happens during a visit?

You should first request to see the immigration officer’s badge and/or ID. Please take note of their full name and ID number.

Once the inspection starts, the immigration officer may ask for the following:

Information about the EB-3 Unskilled job. For example, the job title, job duty, salary, worksite, start date (or anticipated start date if you have not started work), and whether the job is full-time. The immigration officer is asking for this information to verify job details.

Recent paystubs to confirm employment if you have started work.

Job offer letter if you have not started working.

Housing arrangements and where you intend to live while working for the sponsor.

Recent bank statements.

Important note: If you are unable to immediately answer a question or provide evidence, please explain to the officer that additional time is needed. If the immigration officer requests information/documentation that is not readily available, you should promptly provide it afterwards.

Once the home/site visit is complete, please contact BDV to let us know about the visit and what information was requested. Please reach out to Corrie McKee ( [email protected] ) Director of Client Services, and Chris Richardson ( [email protected] ) our COO and General Counsel.

How can you prepare for a home/site visit?

Visits are random and, often, unannounced. The best way to prepare for a visit is to ensure that you are already working for, or have the intent to work, full-time in the role and location listed in the EB-3 petition. Promotions that are a “natural progression” of the role are normal and allowed.

You must be able to clearly describe your sponsor, job title, job duties, start date, and salary to the immigration officer.

If a Supplement J has been filed to change your sponsor, you must be prepared to describe the new sponsor, job title, job duties, start date (if you have started work), and salary to the immigration officer.

What happens after a home/site visit?

USCIS will review the immigration officer’s report. If there are indicators of fraud or noncompliance, the case may be referred for further investigation.

The key takeaway is that visits are normal. Please provide all requested information/documentation to the officer. The best way to prepare for a visit is to ensure that you are working full-time in the job listed on the EB-3 filing.

What happens if I receive an email from an Immigration Officer for a virtual visit?

Please send the email request to John Cooper ( [email protected] ) SVP Program Success and Chris Richardson ( [email protected] ) our COO and General Counsel. BDV can help you prepare a response to the Officer’s virtual inquiry.

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Does USCIS do surprise home visits for Marriage Fraud?

Did you know that if you are going through the green card process based on marriage to a U.S. Citizen in the United States, sometimes an immigration official from the U.S. Citizenship and Immigration Services (USCIS) may show up at your home unannounced. How often does this happen and how can you prepare?

We invite you to learn more about this important topic.

The USCIS Fraud Detection and National Security Directorate (FDNS) was established to combat and investigate immigration-related fraud including marriage fraud.  The FDNS also operates the Fraud Detection and National Security data system which tracks and manages cases which are under review for potential immigration fraud. Reports are generated by the FDNS data system and distributed to other government agencies for further investigation depending on the severity of the case, such as the Department of State (DOS), the Federal Bureau of Investigation (FBI), or Immigration and Customs Enforcement (ICE).

Surprise Home Visits: When do they happen and how do they happen?

Part of the responsibilities of the FDNS are to conduct site visits for both employment-based and family-sponsored immigration petitions. Most commonly, site visits are conducted at places of worship as part of the process to petition an R-1 nonimmigrant religious worker. Site visits are also frequently conducted at places of employment for H-1B workers. With respect to family-sponsored cases, the FDNS may conduct home visits in adjustment of status filings where marriage fraud is suspected.

This can happen in several different ways. In the most common scenario, the married couple has already been questioned at their in-person interview before a USCIS officer. In such instance, the immigration officer is not convinced by the responses provided by the couple during the interview and believes the marriage to be fraudulent. In some cases where marriage fraud is suspected, the couple is separated and questioned separately regarding facts about their relationship. At the conclusion of the interview, the officer may call upon FDNS to conduct an unannounced site visit at the couple’s home to confirm whether the information provided at the interview is authentic.

Immigration officers rely upon the couple’s responses to form the basis of their referral for a site visit. To help guide their decision, officers use a fraud referral sheet which outlines various factors to be considered when referring a case to the FDNS for further investigation relating to the bona fides of the marriage. Some common factors that may lead an officer to question the legitimacy of a marriage include a large age gap, living apart, failing to meet close relatives, doctored photographs or documentation, etc.

What can happen at a home visit?

The primary objective of a site visit is to determine the bona fides of a marriage and evaluate whether the information provided by the couple is authentic. An officer conducting a site visit will be concerned about whether the couple is living together in the same home. To verify this, the officer will look for clues to confirm this. For instance, the officer may look in the couple’s bedroom, their drawers, or closets to see if their clothing and personal items are kept there. If they find any evidence to the contrary, they will document such evidence and report back to the interviewing officer on the findings of their investigation which may lead to a second interview or potential denial of the application.

It some cases FDNS officers may even visit the home more than once, including multiple times in the same day, as part of their investigation into the bona fides of the marriage.

How can I expect the officer to behave?

Typically, FDNS officers conducting unannounced home visits will first identify themselves by providing their name and badge number. They will question you to verify your identity and request your permission to enter the home. You have the right to deny them entry. If they are denied entry, they may seek a warrant granting them entry (depending on the severity of the circumstances) or they may document your refusal to grant them entry and inform you that your refusal could result in the denial of your application.

Upon making entry, they will ask you questions about your relationship and ask to see certain areas of the residence to confirm the legitimacy of the marriage. The officer will make notes of his or her observations during the visit. Such notes will be reported back to the immigration officer handling your case. Once those notes are reviewed, a final decision will be made in your case – the officer may choose to approve, deny your case, or conduct further interviews.

Marriage Fraud Investigations are Increasing

FDNS investigations are on the rise for couples who are required to attend in-person interviews. For cases where an in-person interview has been waived, USCIS may still choose to conduct a home visit when the green card holder applies to removes his or her conditions on permanent residence (Form I-751). Additionally, home visits may occur at a later time, for instance when the green card holder applies for U.S. citizenship.

What can I do to prepare?

When you attend your first in-person interview with USCIS, make sure you are well prepared. If you do not have an immigration attorney already representing you, you should strongly consider hiring an attorney to help prepare you and your spouse for the interview. An immigration attorney can also attend the in-person interview with you to monitor the questions being asked of you.

Remember you must not only provide supporting documentation in support of your good faith marriage, but you must also understand what questions will be asked of you and what to do if you and your spouse are separated during your interview.

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home visit from immigration officer

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  • Immigrant Visas (Green Cards)
  • Family Based Green Card -Through Marriage/Relative

Surprise visit by USCIS officers!!!

  • Thread starter Manalive
  • Start date Nov 27, 2010

Registered Users (C)

  • Nov 27, 2010

I went for the USCIS interview early Sept.2010. My wife is a USC. We married last Feb after dating for almost two years. We were interviewed separately and video taped. After the interview, I was told that my Green card was approved and to expect it in the mail in 2- 3 wks. Four days after the interview, two immigration officers came to my house and re-interviewed my wife. I was at work. Since then, there has been no further communication from USCIS. Its been almost three months. At the interview, my wife missed a few questions. 1. My son from a previous marriage is 6. She said he was 7 yrs old. 2. I give my exwife $1000.00 a month in child support. She said I give her $200 a week. 3. I pay child support by paying my exwife's mortgage online. she said I pay her cash. 4. She missed her sons date of birth. 9/18/96. She said 9/18/2010. YES. Her own son. 5. Our marriage date is 2/11/10. She stated 2/10/10. No criminal history. I have overstayed a student visa. When immigration officers came to the house, they asked to look at our bedroom. she refused...stated that she was not comfortable having stragers in her bedroom. 1. What do I need to do? 2. I have a lawyer who keeps telling me to be patient... should I contact USCIS and ask for an update? 3. Will they return? 4. No correspondence/communication since visit. (almost 3 months.). When will they communicate? Is there a time line?  

namecheckvictim

IMO your case is doomed, I knew a guy that had the similar story, 2 kids and 6 years later he got divorced and decided to go back home, for those 6 years they kept on renewing his EAD and was able to get a AP everytime he applied for it. Interview seems like a wreck but apart from the interview when she refused to show them the bedroom that pretty much sealed the deal. Only thing you can do now is wait. Lawyer cannot do anything at this time. Contacting USCIS will not help either. I have never heard them going back for the second time. There is no timeline by law to approve these types of cases and they can take however long they want. I just wanted to give you my honest opinion and am not trying to scare you, I believe if you are ready for the worse and something good happens its feels great, best of luck.  

Jackolantern

Manalive said: At the interview, my wife missed a few questions. 1. My son from a previous marriage is 6. She said he was 7 yrs old. Click to expand...
2. I give my exwife $1000.00 a month in child support. She said I give her $200 a week. 3. I pay child support by paying my exwife's mortgage online. she said I pay her cash. Click to expand...
4. She missed her sons date of birth. 9/18/96. She said 9/18/2010. YES. Her own son. Click to expand...
5. Our marriage date is 2/11/10. She stated 2/10/10. Click to expand...
1. What do I need to do? 2. I have a lawyer who keeps telling me to be patient... should I contact USCIS and ask for an update? 3. Will they return? 4. No correspondence/communication since visit. (almost 3 months.). When will they communicate? Is there a time line? Click to expand...

Triple Citizen

Triple Citizen

Manalive said: I have overstayed a student visa. Click to expand...
  • Nov 28, 2010

Any lawyers out there willing to comment on my case? Jackolantern, thanks for your comments. What's a WOM?  

A Writ of Mandamus is a type of petition filed in court in which you ask the court to order a government agency or officer to do their job. The court will usually impose a deadline to either make a decision or explain why it can't. There is no deadline in the Immigration and Nationality Act (INA) [8 USC] on rendering this decision so your lawyer will need to find something elsewhere such as the Administrative Procedures Act (APA) [5 USC].  

  • Nov 29, 2010

My case was very similar to yours in a way. My 1st interview went well (even though we were seperated) and I was told to expect good news after the 1st interview. After waiting for 4 years, filing a WOM, visited by ICE and a 2nd interview that lasted over 3 hours, I thought I was doomed but all ended well. I tend to agree with Jackolantern that they will sit on your case forever. Make sure you take notes of everything that was asked on the 1st interview (because it'll will come back up if u happen 2 go 4 a second interview), do not use any other addresses than your own (this goes 4 u nd ur wife),be prepared to file a WOM and make sure you hv a good lawyer. Just FYI, if they had enough to deny you they wouldn't make u wait believe me. Good luck  

  • Dec 3, 2010

Thanks for your comments Soul01. The 4 yrs + wait is just ridiculous. I guess I need to be patient and plan for a prolonged wait. Cheers...  

  • Dec 12, 2010

Update Info pass appt. on Dec 6th. No information given.  

  • Dec 13, 2010

Just wait it out brother, there’s no need to rush at this point. I was in a similar situation and they drag my case for almost 3yrs now but I’m filing WOM with my attorney next week. Just make sure you contact your state Senators and Reps to make inquiries on your behalf (it probably won’t help in these type of cases) and save their replies. Also save the copies of your infopass appt letters. You’ll need these when filing the lawsuit to show the judge that you did everything you could to have them adjudicate your case. It’s already been 3 months since your initial interview; wait for at least another 18 months then file WOM. Good luck  

  • Dec 16, 2010

Malpat, thanks for the insight. I think its absolutely terrible for anyone to have to wait for years...I have to say I admire your patience. I will keep my Infopass appt letters... Good luck on your case. Hopefully, all this will be behind us sooner rather than later...  

  • Jan 12, 2011
Manalive said: Malpat, thanks for the insight. I think its absolutely terrible for anyone to have to wait for years...I have to say I admire your patience. I will keep my Infopass appt letters... Good luck on your case. Hopefully, all this will be behind us sooner rather than later... Click to expand...
  • Jan 13, 2011

Indianapolis. In Indianapolis, everyone is interviewed separately. If I were you, I would expect a surprise visit in the near future or request for more evidence. USCIS can delay a case anywhere from a few weeks to years. You might want to schedule an Info pass if you do not get or hear anything in the next 30 days. Best wishes.  

Al Southner

Manalive said: Indianapolis. In Indianapolis, everyone is interviewed separately. If I were you, I would expect a surprise visit in the near future or request for more evidence. USCIS can delay a case anywhere from a few weeks to years. You might want to schedule an Info pass if you do not get or hear anything in the next 30 days. Best wishes. Click to expand...
  • Jan 14, 2011

Thank you for your response. IO’s visit: Wifey is pretty naïve regarding the immigration process. She thought the IO’s were crazy when they asked to look around our bedroom. Leave alone going to our bedroom, my wife told them that it was unprofessional for them to pay us a visit without first making a courtesy phone call before hand. I never bothered to discuss possible surprise visit with my wife since I was not expecting anything like it. If and when they return, they will be allowed to rummage through all my junk if they want to. Were we prepared? No. I thought since our marriage is genuine, there was really nothing to worry about. This is where I went wrong. On hind sight, we were poorly prepared. Previous marriages: Married three times within the past ten years. First: I was married to a USC in 2000, but divorced after 3 months because she was too high maintenance. No AOS filed. Second: Married to a non USC citizen in 2003. I have two boys with my second wife. She divorced me in 2007. Third: Currently married to a USC. March, 2010. AOS history: In 2004, I filed for AOS as a religious worker. (Church Deacon). However, I had to abandon the AOS in 2005 because of funding cuts that resulted in the elimination of my paid position. My interview last fall was pretty comprehensive. It lasted for 30 or 40 minutes. I was able to answer all questions. However, my wife stumbled on a few questions as I indicated in my initial posting. We were interviewed separately and videotaped. IO was not happy that I have overstayed for over 10 years. At the end of the process, IO indicated that she approved my GC and that I should expect it in the mail in 2-3 wks. Other concerning issues: In 2009, I helped my ex-wife buy a house in an area that would give my boys access to the best schools in the state. She tried to acquire a mortgage on her own but did not qualify. At my interview, IO asked if I own any property. I said yes, and explained that I agreed to add my name on the mortgage to help my boys get access to great schools. Joint evidence presented: -Bank statements -Three utility bills -Retirement account -Auto insurance -Emergency contact forms -Album of pics (including wedding pics) -Marriage cert -NO LEASE (At the time of interview, we were looking for a bigger house) and I explained this to the interviewing IO. My wife is 37. I’m 36. We are both nurses, we both have two children each from previous relations and we both have a dark complexion. During surprise visit, IO’s asked my wife if she knew that I own property. Wifey said yes, and explained to them that I helped my ex buy the house to help my boys gain access to great schools. Looks messy! Questions: 1. Should we expect a second visit? 2. Should we expect to be called for a second interview? Maybe stokes this time? 3. Was joint evidence presented adequate? 4. How do you see this playing out? Needless to say, I’m a little stressed out about this whole thing, but then… (Huge understatement!) Your thoughts…  

Manalive, 1. A second visit is very unlikely but don't count it out 2. A second interview is very likely and expect to be grilled. 3. Joint evidence adequate but not enough specially when they doubt the validity of ur mariage. On my second interview I had almost 8in thick documentation for everything for every month since we got married (thanks to online bills and stuff). The more the better. Save everything that u think can help. Also have ur ex-wife write a letter explainin the reason why u hv ur name on her mortgage. And make sure u have a lease with u and ur current wife name on it 4. As I stated b4 this was very similar in a lot of aspect to my case and I also reside in the midwest bout 4 hours from Indiana. So what I did was wait it out til u can file WOM, be prepared 4 a second interview and be prepared to be grilled. It won't be easy but if ur mariage is real you'll hv a second chance to redeem urself. As a great man said "if you failed to prepare, be prepared to failed". So please next time be prepared. Best of Luck  

Thanks four your insight gentlemen. I will beef up for a possible second interview. I'm expecting to be deep fried like a turkey during thanksgiving... Wifey is now aware that USCIS has claws and tends to use them every once in a while. Again, thanks for all the advice. Best Manalive...  

Stanley Hermosillo

I think the most accurate reply on this thread was that they're trying to make you slip up, and stall until you do. Don't let them get you!  

Thanks for your comments Stanley.  

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  • Adjustment of Status from Work, Student, & Tourist Visas

Home Visit by Immigration Officers!!!!

By Blessed2011 September 20, 2011 in Adjustment of Status from Work, Student, & Tourist Visas

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35 posts in this topic

Recommended posts, blessed2011   3.

I wanted to share what happened to me today. A little bit about me, my husband & i had our interview September 21st, 2010. Since then we have never received a decision regarding my green card. We have done multiple inquiries with no success.

So this morning there was a big knock on the door. I opened the door & there were two guys, they told me they were from immigration & showed me their badges. They then asked me if they could come in which i let them in. Meanwhile i was half asleep as they had just woken me up, & was not thinking straight. I still had my tiny pj's on & didn't even remember that the whole time!!! So they asked to look around. They looked at our bedroom, then asked to look at our closet. My husband & i keep our clothes in separate closets since they are are tiny. We live in a two bedroom apartment just the two of us & since i have many clothes all our clothes cannot fit into one closet. I explained that to them but they still wanted to see both closets. They were fine with the explanation, & infact one of them joked that he has more clothes than his wife.

They then wanted to look at the bathroom. They said it looked good since they saw both of our stuff there. They then asked to see our wedding pictures which i showed them. After that they asked if they could sit down & ask me a couple of questions. They asked for my ID, then asked to see our current lease since the one for last year when we went for our interview had expired. They said they had a problem with the first lease since my husband's name was added with a pen instead of typing. I explained to them i had no control over that since it was the leasing office who did that, & they asked me the name of the manager who did that.

Then they started asking me about where i work, where my husband works-& ofcourse by now they had asked me where my husband was & unfortunately he was at work. They even asked what city his job was at, i wonder if they will go there. He works a very early shift 4am-12:30pm. They then asked me if we plan to have kids & i told them we were waiting for at least another 3 years or so.

Then they said that was it, & i asked them if i could ask them some questions which they said ok. I asked them why our case had been delayed like this, but they did not have a straight answer. I then asked them if they were satisfied with what they saw & they said yes. I asked them what would happen now, & they said they would give the report to their boss & then he would make a decision from there which could be anywhere between 2-3 months!!!! I was like what??? They said they are very busy so meanwhile my application will just be laying there just waiting for an approval!

Anyway, that is my story. If anyone has ever gone through this, please let me know how long it took to get an approval.

AOS Timeline:

June 2nd 2010- Filed for adjustment of status

June 16th 2010- Biometrics letter received scheduled for July 9th.

August 9th 2010- AOS interview letter received. Interview scheduled for September 21st, 2010.

August 14th 2010- EAD arrived finally!!!! Thank you God.

September 21st 2010- GC Interview @ 0100

April 20, 2011- Applied to renew EAD &AP (paper)

May 9, 2011- AP RECEIVED! Talk about fast service!

June 8, 2011- EAD card received!

September 20th, 2011- Home visit by USCIS officers!!!!

November 21st- Fingerprint notice for Dec1st

December 5th- Card Production Ordered email/text

December 7th- Card production ordered again email/text

December 8th- Decision on case status email/text

December 10th -GREEN CARD RECEIVED IN THE MAIL, WHOOP WHOOP !!!!!!!!!!!!!

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September 21, 2011

What happens if you refuse to grant them entry unless they provide a warrant?

I'm sure it was more than just the lease. Lots of people don't have a spouse on the lease (like us) and don't get a home visit.

Kathryn41

September 22, 2011

Is there a disgruntled former partner or an unhappy friend or family member who doesn't agree with your marriage in either of your pasts who could have filed a complaint about you with USCIS saying th

ceadsearc   515

Yikes, good luck! That sounds stressful!

The IOs might not have given you a direct answer as to why they were doing a home visit, but pretty much the ONLY reason they do home visits is if they are extremely suspicious about your marriage being fraudulent. Something at your interview or in your paperwork set off a HUGE red flag. Did you have a Stokes interview?

OUR TIMELINE I am the USC, husband is adjusting from B2. ADJUSTMENT OF STATUS 08.06.2010 - Sent off I-485 08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130. 10.15.2010 - RFE received: need 2 additional photos for AP. 10.18.2010 - RFE response sent certified mail 10.21.2010 - Service request placed for biometrics 10.25.2010 - RFE received per USCIS 10.26.2010 - Text/email received - AP approved! 10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM 11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online. 11.04.2010 - Text/Email (2nd) - EAD card sent for production 11.08.2010 - Text/Email (3rd) - EAD approved 11.10.2010 - EAD received 12.11.2010 - Interview letter received - 01.13.11 01.13.2011 - Interview - no decision on the spot 01.24.2011 - Approved! Card production ordered! REMOVAL OF CONDITIONS 11.02.2012 - Mailed I-751 packet to VSC 11.08.2012 - Checks cashed 11.10.2012 - NOA1 received, dated 11.06.2012 11.17.2012 - Biometrics letter received for 12.05.2012 11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Channah&Aaron   51

You didn't ask what the reason was for stopping by, or is there anything you can think of WHY they came?

Thanks for your replies!

Yes it was quite stressful!!! No we did not have a stokes interview. We were interviewed together for less than 10 minutes & the IO said she was satisfied. Even had us sign the document that talks about removing conditions after 2 years & took my I-94. Then said should be receiving my GC in about a couple of weeks. I did ask them why they think it was fraud marriage. One of the reasons he gave me was that the lease we provided looked like it was made up! I showed him my copy & also showed him the updated lease, which he seemd satisfied. He really did ask a lot of questions about the lease asking what was the name of the manager at the apartment complex, why they did not type my husband's name when it was added. My husband is 3 years younger than me. You think our age difference would have caused this??? Only one of the guys was asking questions, the other was just snooping around!

I doubt it's a matter of age difference, 3 years is not a big age difference at all, even at a young age. It's really hard to say given that none of us were at your interview. But since it seemed to go well and then was not approved and they mentioned the lease, I would question if, perhaps, when they reviewed the documents afterwards they found things that made them wonder. Did they ask you about your lease at the time?

Good luck, hopefully they will be satisfied with what they saw, though I would suspect there is a good chance they will show up at your husband's work and also likely call people who know you to ask some questions. Consulting a lawyer if you have not done so already is also probably a good idea as you want to be prepared when USCIS makes their next move.

Harsh_77   716

They very rarely do the house visit, they only do the house visit when they really really doubt the relation.

Handwritten addition to the lease can be one reason and there could be something else to that CO might have think that was not fitting in right.

:)

Harpa Timsah   13,258

If you look at the OP's other topics you might get an understanding of why a home visit happened.

AOS for my husband 8/17/10: INTERVIEW DAY (day 123) APPROVED!! ROC: 5/23/12: Sent out package 2/06/13: APPROVED!

I doubt it's a matter of age difference, 3 years is not a big age difference at all, even at a young age. It's really hard to say given that none of us were at your interview. But since it seemed to go well and then was not approved and they mentioned the lease, I would question if, perhaps, when they reviewed the documents afterwards they found things that made them wonder. Did they ask you about your lease at the time? Good luck, hopefully they will be satisfied with what they saw, though I would suspect there is a good chance they will show up at your husband's work and also likely call people who know you to ask some questions. Consulting a lawyer if you have not done so already is also probably a good idea as you want to be prepared when USCIS makes their next move.

Thanks for your reply. We just do not know what the hold up is. No they did not mention the lease at the time of our interview. If they had doubts about the lease, why could they not call the apartment complex & verify??? We are praying too that they are satisfied with what they saw. My husband is already home & they did not show up at his place of work. They might have called though to verify if he was there, though he was not told anything by his employer. We had a lawyer but we haven't talked to them in a while. The last we talked to them is like 3 months ago when they made an inquiry for us. We have nothing to hide if they call both sides of the family/friends because they all know we are married & living together. I will let our lawyer know about the visit. Thanks!

They very rarely do the house visit, they only do the house visit when they really really doubt the relation. Handwritten addition to the lease can be one reason and there could be something else to that CO might have think that was not fitting in right. Good luck with your case and I guess you to 2-3 more months to wait out…

Thanks for your reply. I guess they really did doubt our marriage. Hopefully they were satisfied with what they saw. One of the guys said the same thing, that it would take about 2-3 months to be approved. Praying they do it sooner though :-)

Thanks for your comment, & yes, my husband & i have been through a lot & are still very much together. I thank God everyday that we are not the kind of people who run after being faced with problems. I come from a culture where divorce is rarely heard of & am glad because we have been able to work out our problems & become a better stronger couple. Nobody said marriage was going to be easy, its sure is a full time job & we've both learned that! Now back to USCIS, there is nothing in my previous posts that would warrant a home visit. My previous posts or post that you are referring to was written while venting. Are we the only couple with issues???? I don't think so! VJ is a place where one can come & vent their problems because most likely someone else has been through the same & can offer some assistance.

Everyone is entitled to their opinion though.

Deema & Wayne   28

I do believe that something seemed questionable to them and they waited this long to do a surprise visit to make sure that you two are really together. Hopefully after the visit, things will get sorted out and you'll get your green card. A year is a long time to wait wow.

Adjustment of Status

AOS packet sent - 08/24/2011 AOS packet received - 08/31/2011 Checks cashed - 09/01/2011 NOA received - 09/6/2011 Biometrics appointment - 09/19/2011 - Done RFE received - tax returns 2010 and original birth certificate - 9/19/2011 RFE sent 09/28/2011 EAD Card Production 10/20/2011 EAD Received 10/29/2011 Interview letter received 11/1/2011 Interview on 12/5/2011 Applied for SSN - will receive in 2 weeks SSN Received Interview - APPROVED!!! (Thank Allah) Green card in hand 12/12/2011

Lifting Conditions

I-751 sent - 09/05/13

I-751 received - 09/06/13

Check cashed - 09/11/13

NOA received - 09/12/13

Biometrics Notice received - 09/19/13

Biometrics Done - 10/07/13

Case transferred to CSC - 10/08/13

Card Production Notice - 1/22/14

Card in Hand - 1/29/14 (Thank Allah)

Naturalization

N-400 sent - 12/29/14

Received - 12/31/14

Check Cashed - 1/7/15

NOA Received- 1/12/15

Biometrics - 1/29/15

Interview Done - Passed!

Thanks for your reply.Yes am sure there must have been something that was a red flag but just cannot think what it would be. My husband & i had thought our case was going to be straight forward so we have been really surprised. Am glad though the USCIS officers came because we have nothing to hide. Hopefully that is what its going to take to approve us. It will be one year tomorrow since we had our interview (9/21)! It sure is a long time to wait. We had already contacted everyone we could think of. It got to a point we weren't thinking about it as much as too much time had passed.

I have faith & trust in God that things will work out eventually & i can get my green card. Maybe tomorrow on our one year anniversary since the interview :-)

My husband & i had gotten to a point we did not think about it & had said we would wait it out until our two year wedding anniversary then we were going to start putting pressure on USCIS so i could get the 10 year green card instead. I always forget that we make our own plans but God has better plans for us.

Inshallah i get the green card soonest.

Rufus2012   175

  • EmmillJ and sofya

Like

RICARDO4EVA2   194

well.. then a decision could be made based on the information gathered on the case.

Current cut off date F2A - Current  Brother's Journey (F2A) - PD Dec 30, 2010 Dec 30 2010 - Notice of Action 1 (NOA1) May 12 2011 - Notice of Action 2 (NOA2) May 23 2011 - NVC case # Assigned Nov 17 2011 - COA / I-864 received Nov 18 2011 - Sent COA Apr 30 2012 - Pay AOS fee Oct 15 2012 - Pay IV fee Oct 25 2012 - Sent AOS /IV Package Oct 29 2012 - Pkg Delivered Dec 24 2012 - Case Complete May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

TBoneTX

TBoneTX   43,060

Every U.S. citizen and intending legal immigrant needs to view this, and optimally review it every few months:

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC , 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

home visit from immigration officer

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  • What we think

Home office immigration visits for companies and organisations

The Home Office has the power to undertake inspections of those companies and organisations which:

  • hold sponsor licences;
  • are applying for sponsor licences; and/or
  • allow sponsored migrants to work on their premises even if they do not themselves hold a sponsor licence.

These audits can be unannounced, although the Home Office usually gives around a week’s warning. A failed audit can lead to the application for a sponsor licence being refused or a current sponsor licence being suspended and/or revoked. In the latter situation, the sponsor licence holder would not be able to sponsor new migrant workers and, if the licence is revoked, current sponsored workers will have their visas cancelled.

Home Office audits are a powerful tool to prevent abuse or mishandling of the sponsor licence. They can be random or as a result of specific intelligence so the visits themselves can be very detailed, intrusive and time consuming. In addition, if a sponsor licence holder is not prepared for a visit, it may result in the Home Office requesting further documentation and information to be provided after the visit has taken place within quite a short timesecale. This, again, can be time consuming to put together, especially if the documents asked for are not readily available or do not exist.

Visits can be particularly concerning for the company’s Authorising Officer, who is the person tasked with and responsible for overseeing the company’s sponsor licence compliance.

This note provides an overview on what to expect when the Home Office visits, how to prepare for such a visit and practical steps to take to ensure that sponsors are audit ready.

Sponsor compliance

A sponsor licence is granted by the Home Office on condition that a number of compliance duties can be and continue to be met. The purpose of the audit is to satisfy the Home Office that the licence holder can meet or has met these duties.

There are five key areas of compliance.

  • Monitoring immigration status – all employers, whether sponsor licence holders or not, should be checking and retaining evidence that each employee has the appropriate immigration permission to undertake their particular role and tracking the expiry dates of any employees with time limited immigration permission.
  • Maintaining contact details – current and past contact details of sponsored migrants must be recorded.
  • Record-keeping – each sponsored worker should have a file (electronic or hardcopy) which contains evidence that they are eligible for sponsorship (such as a CV, degree certificate and/registration certificate) plus payslips, a contract of employment and evidence that a compliant Resident Labour Market Test was undertaken, where one was required.
  • Migrant tracking and monitoring – each sponsored worker’s absences and annual leave should be recorded. Any changes in their employment circumstances (for example, a change in job role or salary or if they leave the sponsor) should be reported to the Home Office.
  • Recruitment and accreditation – copies of any registration and/or professional accreditation documents and/or any confirmation letter the migrant is required to have in order to do their job should be kept on file, for example, where the migrant is a doctor, proof of registration with the General Medical Council.

We recommend that written policies and processes that cover these areas are put in place.

Before the audit

If the Home Office provides advance notice of their intention to audit, they will usually contact the Authorising Officer in the first instance. They will let the Authorising Officer know when and where they intend to visit and the names of the inspecting officers. They will often provide a list of the sponsored workers who they intend to interview or whose files they would like to audit, though they may not limit themselves to those files on the day.

If the time and place is not suitable for any reason, for example the files or key personnel are located elsewhere, the Home Office will allow for reasonable rearrangement. 

If the Home Office makes an unannounced audit, they will usually arrive at the registered office address listed on the Sponsor Management System (SMS) and ask for the Authorising Officer by name. 

It is very important that reception staff are trained on how to react to an unannounced audit and know how to contact the Authorising Officer or a similarly senior and knowledgeable person should the Authorising Officer not be available. There have been instances where the Home Office has revoked a licence solely on the basis that no one was available to meet with the inspecting officers and the reception staff were unsure whom to contact. These misunderstandings are easily avoided with training.

Where no one suitable is available, the Home Office will normally arrange a return visit on a more convenient day.

Top tip – it is vital that any changes to the Authorising Officer or registered address are promptly reported. If the Home Office receives an e-mail bounceback from the Authorising Officer’s email address because they have left the company, this could mean an automatic revocation. This could also happen if the sponsor has moved office without updating the sponsor licence and the Home Office turns up at the previous office address.

What to expect on the day

Home Office inspecting officers will normally be in uniform similar to those worn by Immigration Officers at the border. They will ask the Authorising Officer to sign a document consenting to the visit.

The audit is split into two parts: interviews and file review. 

The Authorising Officer will always be asked to attend an interview. They may be accompanied by another employee who has more expert knowledge on the process and policies associated with the sponsor licence. It is vital that the Home Office interviews someone who is fully aware of the organisation’s policies and processes regarding the company’s compliance with its sponsor licence duties and responsibilities to give them maximum confidence.

The interview will focus on the company’s knowledge of its sponsor licence duties (the five areas of compliance listed above plus general sponsor duties) and the policies in place to comply with them. In particular, the Home Office will want to know:

  • how the company recruits migrants;
  • whether it knows how to complete a compliant Resident Labour Market Test;
  • how the company ensures that it is only issuing Certificates of Sponsorship to eligible migrants;
  • how the company monitors and reports migrant and company changes of circumstances; and
  • how the company keeps records.

NB - A critical area is the company’s prevention of illegal working policy, that is how it checks and retains evidence of each employee’s right to work and tracks visa expiry dates.

Where available, written policies should be printed and provided to the Home Office. If they are not codified before the visit, it is highly recommended that they are written down and reviewed by an immigration adviser prior to the visit.

Sponsored migrants may also be interviewed and asked to confirm their job title, description, place of work, salary and allowances, as well as the recruitment process undertaken to hire them. The Home Office will check each answer against the information declared on the Certificate of Sponsorship and any subsequent SMS updates. If there are discrepancies, the Home Office will note these on its report. If there are serious discrepancies or a large number which indicates a pattern of non-compliance, the Home Office may take action against the company. 

Top tip – be sure to request a copy of the hand-written interview notes made by the official, which should be provided to the company at the end of the visit.

File review

The Home Office will undertake a file review to check the company’s record keeping compliance and to confirm that the data on each Certificate of Sponsorship and on the SMS in general, is accurate.

They will sometimes provide a list of sponsored migrants which they intend to review to give the sponsor an opportunity to prepare. However, they reserve the right to review any personnel files including those of non-sponsored workers. Migrants who hold Tier 4 (General) student visas often come under particular scrutiny (more below).

The documents that each employee should have on file are listed at Appendix D of the Tier 2 and 5 Sponsor Licence guidance.

A key document will be the right to work check . This should be a signed and dated copy of the passport ID page and UK immigration permission document (either a copy of the page in the passport containing the relevant visa stamp or a copy of both sides of the employee’s Biometric Residence Permit). 

Other documents/information which must also be held on file are standard to HR files such as contact details, payroll, NI number, record of absences, job title and description, CV and qualifications, and the employment contract or contract for services.

Tier 4 (General) visa holders often face particular scrutiny and the company will be expected to show that the migrant is working no more than the maximum hours per week permitted by their immigration status as stated on their visa or Biometric Residence Permit. If they are working full time because they are outside of term time, the company must have a letter from the migrant’s Higher Education Institution confirming their term dates.

The Home Office will appreciate that documents may not all be in the same place (payroll for instance is often kept separately). It is a good idea for those employees that the Home Office wishes to review, to print off all the information which they are required to retain to comply with their sponsor licence duties and responsibilities so that they are readily available for inspection.

Where some documents appear to be missing or are not available for review on the day, the Home Office will usually give the company an opportunity to e-mail this additional documentation after the visit.

Tips to make the day go smoothly

  • Relax – the vast majority of sponsor licence holders reach the standard of compliance expected by the Home Office. Very few sponsor licence holders are perfect and there will always be room for improvement. Unless they are operating on intelligence to the contrary (for example, the company has recently been issued civil penalties for employing illegal workers), the Home Office will not be seeking reasons to revoke the company’s licence. For most sponsors, they will simply be checking the company’s records and making recommendations for improvement; so there is no need to feel under pressure or be defensive.
  • Be co-operative – comply with all reasonable requests in a friendly and timely manner. Most Home Office audits last no more than a day and sometimes a few hours if the company has its records organised. A room should be made available with sufficient space to review files and interview sponsored workers. Do not be afraid to offer them refreshments. However, it is likely that they will cautiously refuse anything more than a cup of tea and a biscuit due to bribery concerns.
  • Be prepared – if the Home Office gives advance notice of the workers they wish to file review or interview, it is always appreciated if hardcopy files are produced. If documents are not printed out, it is important to ensure that someone is available who is familiar with the electronic records and can sit with the inspecting officer to show documents as requested.
  • Review files – check that the SMS is up to date and all reporting requirements have been met. If an update to a work location or a salary increase has not been made, make the update(s) as soon as possible. A late update is preferable to no update.
  • Warn clients – third parties may also be visited where a company has declared that a sponsored worker is working at a client site under a contract for services. It is important that the client is aware of the possibility of an unannounced Home Office visit and companies may wish to consider working with them to put a process in place.
  • Seek legal advice – a legal representative can assist in preparing for the visit and be present on the day to ensure that the visit is undertaken in line with the Home Office’s own guidance. The inspecting officer may not permit the immigration adviser to answer questions in relation to the company’s compliance with its sponsor licence duties and responsibilities but the presence of an adviser will often act as reassurance to the Home Office that professional advice has been sought to ensure compliance.

After the audit

After the Home Office has visited, it is important to ensure that any additional documents requested are sent in good time and any missing SMS updates identified on the day are made.

The Home Office will prepare their report and send it to the Authorising Officer by e-mail. They will report on each of the five areas of compliance and note any concerns or areas where improvements can be made. One of four outcomes may occur.

  • A-Rating maintained – the Home Office was content that the company’s compliance obligations were being met. There may be areas where the process or policy could be improved and recommendations will be made in the report. Minor compliance breaches in isolation, such as a late SMS update, will not normally cause the organisation to fail an audit.
  • Downgrade to B-Rating – the Home Office was not content that compliance obligations were being met sufficiently and multiple concerns were raised about the conduct of the licence. A B-Rating means that Certificates of Sponsorship can no longer be issued, though existing sponsored workers can continue working as before. The Home Office will place the organisation onto a time limited sponsorship action plan where they will monitor improvements with a view to restoring an A-Rating if sufficient progress is made, or revoking the licence if it is not.
  • Suspension - the Home Office has serious concerns about the organisation’s ability to meet their compliance obligations and has identified significant or systemic failings, regardless of the honest intent of the organisation. A detailed letter will be provided setting out the areas where the company has failed to comply with its sponsor licence duties and responsibilities. Current sponsored workers can continue to work but no new Certificates of Sponsorship can be issued. The company will be given time to submit representations addressing each of the alleged compliance breaches, either explaining why they happened and what measures have been put in place to ensure they do not recur or providing evidence that the alleged compliance breaches have not taken place. If the Home Office accepts that the representations demonstrate that the company is not a threat to immigration control, it should reinstate the licence. If representations are not submitted or adequate, the Home Office will revoke the licence.
  • Revocation – the organisation is considered to be a serious threat to immigration control for example, through dishonest dealings or involvement in criminal activity. Upon revocation, all current sponsored migrants will have their immigration permission curtailed.

If the company wished to challenge the revocation, there is no right of appeal and, unless an agreement can be reached with the Home Office to restore the licence, the only option is to request a Judicial Review of the decision in the High Court. Since such Judicial Reviews have rarely been successful, we would strongly advise that, if an employer has their licence suspended, they immediately engage legal advisers to prepare a response to the Home Office.

How to be audit ready

Aside from putting in place and regularly reviewing policies and processes, a mock audit is an excellent way to test a company’s ability to pass an official audit. Macfarlanes can conduct an audit to match those undertaken by the Home Office. We will provide a report which provides our view on whether the company is likely to pass the audit and has recommendations on changes to policies and processes.

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White House Weighs Immigration Relief for Spouses of US Citizens

Reuters

FILE PHOTO: People march along Constitution Avenue during a rally with migrant families and immigration advocates calling for a pathway towards citizenship, near Capitol Hill in Washington, U.S., September 20, 2021. REUTERS/Tom Brenner/File Photo

By Ted Hesson

WASHINGTON (Reuters) -The White House is weighing ways to provide temporary legal status and work permits to immigrants in the U.S. illegally who are married to American citizens, three sources familiar with the matter said on Monday, a move that could energize some Democrats ahead of the November elections.

Democratic lawmakers and advocacy groups have pressured President Joe Biden to take steps to protect immigrants in the country illegally as Biden simultaneously considers executive actions to reduce illegal border crossings.

Immigration has emerged as a top voter concern, especially among Republicans ahead of the Nov. 5 election pitting Biden, a Democrat, against his Republican predecessor, Donald Trump. Trump has said Biden's less restrictive policies have led to a rise in illegal immigration.

The White House in recent months has considered the possibility of executive actions to block migrants at the U.S.-Mexico border if crossings reach a certain threshold, sparking criticism from some Democrats and advocates.

The Biden administration also has examined the possible use of "parole in place" for spouses of U.S. citizens, the sources said, requesting anonymity to discuss internal deliberations.

The temporary status would provide access to work permits and potentially a path to citizenship. No actions are imminent or finalized, the sources said.

A White House spokesperson said the administration "is constantly evaluating possible policy options" but declined to confirm discussions around specific actions.

"The administration remains committed to ensuring those who are eligible for relief can receive it quickly and to building an immigration system that is fairer and more humane," the spokesperson said.

The Wall Street Journal first reported the possible moves.

An estimated 1.1 million immigrants in the U.S. illegally are married to U.S. citizens, according to data by advocacy organization FWD.us.

A group of 86 Democrats sent a letter to Biden and Homeland Security Secretary Alejandro Mayorkas last year urging them to protect spouses of U.S. citizens and create a family reunification process for those outside the country.

Speaking at an advocacy press conference in Washington on Monday, Philadelphia resident and U.S. citizen Allyson Batista said her Brazilian-born husband still lacks legal immigration status after 20 years of marriage.

Batista and her husband have three children together and run a construction company, she said, pleading with Biden to act.

"Year after year, we continue to live in trauma and fear of separation," she said, "especially if an unfriendly administration takes over again."

(Reporting by Ted Hesson in Washington; Editing by Richard Chang, Aurora Ellis and Deepa Babington)

Copyright 2024 Thomson Reuters .

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America 2024

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home visit from immigration officer

  • Entering and staying in the UK
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  • Statistics relating to Illegal Migration
  • Home Office

Additional statistics relating to Illegal Migration (April 2024)

Updated 26 April 2024

home visit from immigration officer

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/statistics/statistics-relating-to-the-illegal-migration-bill/additional-statistics-relating-to-illegal-migration-march-2024

This ad hoc statistical release provides an update with the latest available Home Office data at the end of March 2024, and with some additional information for the first part of April.

The publication of this information supports the Prime Minister’s statement made on 22 April 2024. It is provisional data derived from internal operational MI (Management Information) unless otherwise indicated, and therefore may not correspond exactly to subsequent official statistics releases.

A selection of Statistics from Home Office operational systems relating to the Illegal Migration Act were first published on 24 April 2023 to support parliamentary debates on the Act and have been subsequently updated on several occasions.

Statistics on the number of migrants detected crossing the English Channel in small boats are updated daily by the Home Office and published on GOV.UK.

Comprehensive data on small boat arrivals is published by the Home Office in the statistical report on small boats and irregular migration as part of the regular quarterly Home Office Immigration system statistics . The Home Office publishes a wide range of statistics relating to the operation of the asylum system in the Immigration system statistics. The next quarterly publication will be on 23 May.

Provisional operational data shows that between 1 January and 21 April 2024 there were:

  • 6,265 small boat arrivals compared to 5,049 in the same period last year, an increase of 24%
  • together, Vietnamese (1,266) and Afghan (1,216) arrivals comprised 40% of the total arrivals in this period and are the top 2 nationalities arriving so far in 2024
  • Vietnamese nationals make up 20% of all arrivals so far this year compared to less than 3% (125) in the same period last year; this represents a ten-fold year-on-year increase in Vietnamese arrivals
  • Afghan nationals make up 19% of all arrivals so far this year, which is broadly similar to the proportion of arrivals in the same period last year (22% - 1,098)
  • there were 3,783 arrivals of all other nationalities compared to 3,826 in the same period last year, which is a decrease of 1%
  • in the 12 months to 21 April 2024 there were 30,653 small boat arrivals compared to 45,755 in the calendar year 2022, a decrease of 33%
  • in the 12 months to 21 April 2024 there were 2,515 Vietnamese arrivals; in the preceding 12-month period there were 509, which represents an almost five-fold increase year-on-year in Vietnamese arrivals
  • Afghan arrivals made up 19% (5,872) of all arrivals in the 12 months to 21 April 2024, which is the same as the proportion of all arrivals in the preceding 12-month period (19% - 8,681)
  • of the remaining nationalities there were 22,266 arrivals on small boats in the 12 months to 21 April 2024

Of the 129,407 initial asylum decisions received between 15 April 2023 and 14 April 2024, 93,431 were substantive decisions (56,834 grants and 36,597 refusals, which is a grant rate of 61%). This represents the highest annual number of substantive decisions on asylum cases in more than 20 years. Please see data table ‘Asy_D02’ of the Immigration system statistics data tables for full details.

The asylum initial decision WIP has decreased by 39% from 135,959 on 31 December 2022 to 83,154 on 14 April 2024, a reduction of 52,805.

The number of hotels used to accommodate asylum seekers has decreased from 398 on 22 October 2023 to 267 on 7 April 2024.

Home Office statistics published in February 2024 show that the accommodated asylum population (hotel population) on 31 December 2023 was 45,768. Provisional Home Office MI shows that the volume of asylum applicants in hotels has also decreased further between January and April 2024.

In the 12 months to 31 March 2024 there were 6,720 illegal working visits, an increase of 59% compared with the 12 months to 31 March 2023 when there were 4,237. This also represents an increase of 79% compared to January to December 2022, when there were 3,755 illegal working visits.

In the 12 months to 31 March 2024 the volume and value of civil penalties issued for illegal working was 1,676 and £30.49m. This is a 52% and 56% increase (respectively) when compared to the preceding 12-month period (1,105 and £19.49m).

In the 12 months ending 31 March 2024 there were 26,027 returns, of which 5,976 were Albanian nationals. In the preceding 12-month period ending 31 March 2023 there were 16,786 returns of which 2,419 were Albanian nationals. This equates to a year-on-year increase of 55% in all returns and almost two and half times more Albanian nationals. In the year ending 31 December 2022 there were 14,623 returns, of which 1,940 were Albanian nationals.

The volume of enforced returns has increased by 69% from 4,159 in the year ending 31 March 23 to 7,030 in the year ending 31 March 2024. In the year ending 31 December 2022 there were 3,821 enforced returns.

Provisional data quoted on this page has been extracted from live operational databases and may differ from other statistics published subsequently. The next update of the quarterly Home Office Immigration system statistics will be published on 23 May 2024.

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James Cleverly walks past a sunken small boat during a visit to Lampedusa port.

Rwanda flights will deport asylum seekers ‘indefinitely’, says Cleverly

Home secretary visits Lampedusa in Italy as National Audit Office says scheme could surpass £580m by 2030

Several flights a month will deport asylum seekers to Rwanda “indefinitely”, the home secretary has said, as he argued that the £1.8m a person cost of the scheme was justified.

James Cleverly, in his first interview since the government’s plan was approved by parliament on Monday, said he had booked a succession of initial flights and was preparing to order the detention of people seeking refuge in the UK so they could be sent to east Africa.

Aiming to defuse criticism that the Rwanda plan was a waste of money, which the National Audit Office said could exceed £580m by the end of the decade, Cleverly said it would “massively reduce” the costs of housing asylum seekers in the UK.

Analysis from the Refugee Council suggests the Rwanda policy could cause “a system meltdown”.

The home secretary’s most detailed comments on the scheme were made on a visit to Lampedusa, the Mediterranean island that has been the first European landing point for hundreds of thousands of people escaping war and famine in Africa.

Cleverly told the Guardian: “The prime minister has made clear we’ve got facilities, we’ve got plans in place, that will facilitate multiple flights per month, indefinitely.

“We have booked a number of initial flights. And we have got the facilities to continue booking flights on a regular drumbeat, through the summer.”

Cleverly speaking to International Red Cross staff.

Royal assent, when the monarch formally agrees to make a bill an act of parliament, is expected to be granted on Thursday, according to Whitehall sources. This is expected to be swiftly followed by the ratification of the Rwanda treaty, which is the government’s attempt to respond to criticism from the supreme court.

The troubled scheme, which is two years old, has so far sent no one to Rwanda. But its success is an important component of Rishi Sunak’s plan to revive his fortunes before a general election.

If the Rwanda scheme was to fulfil its aim of deterring people from travelling to the UK in small boats, there must be regular and repeated deportation flights, Cleverly said.

“Obviously, people will take a huge amount of interest in the first flight,” he said. “But we recognise that it is when people say, ‘Hang on a minute, there’s another flight and then another one and then another one’ – that regularity is what will trigger the deterrent effect in the Channel.”

Cleverly said the cost of the Rwanda treaty, which would pay the Paul Kagame government £490m once 300 people have been sent, would be justified if small boats stop coming to the UK.

“A lot of this expenditure is linked to the success of the project,” he said. “And the project’s success will itself massively reduce the cost to the British government, for example, of the asylum accommodation bill. So when we’re looking at the costs, we’ve got to look at it in the context of the alternative reality.”

Cleverly clambers on to a Guardia di Finanza police boat in Lampedusa port.

Lawyers representing asylum seekers who have previously faced possible removal to Rwanda are considering legal action once the legislation is passed, the Guardian understands.

They are expected to mount a challenge on the grounds that the law is incompatible with the European convention on human rights. Cleverly declined an invitation to say that his plans were legally watertight.

“We have, of course, given a huge amount of thought to the things that have happened in the past and what might happen in the future,” he said. “We absolutely know that our planning is robust.”

Last week, the Italian prime minister, Giorgia Meloni, signed three agreements with Tunisia to curb travel to Italian islands such as Lampedusa.

In a harbour on the island, one sea rescue worker criticised Cleverly for travelling to the tiny Sicilian island to promote his Rwanda deal.

Austin Cooper, a mediator and care coordinator on Sea Watch’s rapid response vessel that helps to rescue those in trouble at sea, said: “Instead of criminalising people on the move and taking away safe and legal routes to arrive, Cleverly should be making it possible for the people who need to reach safety and be welcomed with dignity, not getting tips from European leaders on how to make the Channel even more dangerous.”

The Refugee Council called for immigration laws to be repealed to avoid catastrophe, as it estimated recent changes to the system may end up emptying the public purse of up to £17.1m a day – or about £6.2bn a year – in accommodation costs alone.

A discarded vessel on a beach in Lampedusa.

The charity also suggested 115,575 asylum seekers could be stranded in a “permanent limbo” by the end of 2024.

Under the Illegal Migration Act, which became law last year, asylum seekers who arrive by small boats are banned from applying as their cases are deemed “inadmissible” by the government.

The law also puts a duty on the home secretary to arrange for their removal, though this element of the legislation is yet to be brought into force.

Enver Solomon, the chief executive of the Refugee Council said: “This report lays bare the immense cost, chaos and human misery that the Illegal Migration Act and Rwanda plan will unleash.

“The government has recklessly brought in this misguided legislation without any apparent thought to its staggering costs and long-term consequences. What is happening is of a different nature to anything seen before because it shuts down the entire asylum system, which is unprecedented.”

More than 400 migrants arrived in the UK on the day five people, including a child, died while trying to cross the Channel, it emerged on Wednesday. The crossings took place as the tragedy off the coast of northern France unfolded, only hours after parliament passed the Rwanda legislation.

A Home Office spokesperson said: “Flights to Rwanda will take off in 10-12 weeks, creating the deterrent needed to end the criminal exploitation of migrants by the people smuggling gangs.”

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