Authorities uncovered a complex fraud scheme where a ring orchestrated armed robberies at convenience stores, involving illegal immigrants as purported victims, allowing them to file for Homeland Security visas to remain in the country.
The fraudsters demanded $10,000 per robbery, colluding with store owners who were tipped off about the plan and received a share of the money for facilitating the scam.
Following the staged robberies, the supposed victims reported the crimes to the police, engaging in the investigation process and utilizing the paperwork to apply for the U visa from Homeland Security. This visa shields against deportation and grants legal work authorization.
Emilio Gonzalez, the former director of U.S. Citizenship and Immigration Services, labeled this fraud as an unprecedented level of immigration deception.
The FBI has linked eight robberies to the group and is probing an additional 11 incidents across the eastern U.S. These incidents vary from a Subway outlet in Kentucky to a smoke shop in Pennsylvania and three liquor stores in Massachusetts.
In seven out of the eight confirmed cases, victims sought certification from local law enforcement for the U visa application. Four of the robberies involved supposed victims already filing paperwork with USCIS for the visa, according to an FBI agent’s testimony in court documents.
Two individuals, Rambhai Patel, 36, and Balwinder Singh, 39, face charges of conspiracy to commit visa fraud. Court records suggest the involvement of others, including an individual the FBI claims carried out one of the robberies with a fake gun and is now cooperating as a witness.
Experts highlight how this scam exploits the vulnerabilities of the immigration system, which is generous in granting legal status but lacks robust mechanisms to detect fraudulent activities.
The U visa was established to aid authorities in retaining illegal immigrants and temporary visitors within the U.S. to assist in investigating or prosecuting severe crimes. Police departments are required to complete a form certifying an individual’s victim status and their cooperation in pursuing the case.
However, in practice, numerous departments now, out of fear of legal action, hastily approve certifications, creating a substantial avenue for fraudulent activity.
Emilio Gonzalez, former USCIS leader during the Bush administration, estimates that up to 25% of U visa applications might be fraudulent, largely due to the program’s success.
“If individuals are faking an incident to acquire a U visa, why do they resort to such tactics? Because it’s effective,” he emphasized. “This administration must address immigration fraud seriously and prosecute to the fullest extent of the law.”
Robert Law, former USCIS policy chief in the Trump administration, echoed concerns, describing fraud as “widespread” within the U visa program. He criticized the Biden administration for seemingly encouraging dubious filings.
“A significant portion of pending U visa applications now primarily come from males, and regrettably, it’s often confirmed gang members posing as victims of rival gangs,” Law noted. “The Biden administration has granted exemption from removal for any undocumented individual simply applying for a U visa and is issuing work permits to those with pending claims.”
The FBI became aware of the armed robbery scheme after uncovering a series of three robberies in Massachusetts earlier in the year. Agents suspected a larger scheme when they discovered communications between Rambhai Patel, the primary suspect, and purported victims before and after the incidents occurred.
Investigators also discovered that one of the individuals brought in to carry out the robbery actually spent more on his airfare than the proceeds gained from the targeted store.
In October, law enforcement became aware of a suspect traveling from New York to Worcester, Massachusetts, and they connected him to a vehicle behaving suspiciously around a liquor store. The following day, the store was robbed, and authorities intervened by stopping the suspicious vehicle, resulting in the arrest of two men – Patel and another individual who later became a confidential witness cooperating with the FBI.
This witness shared text messages between himself and Patel and aided agents in recording a conversation with Patel, who was unaware that the undercover agent was involved.
During the recorded conversation, Patel was heard instructing the undercover agent, stating, “Just show the gun, that’s it,” according to a transcript of the call.
Brad Bailey, Patel’s attorney, stated that his client will plead not guilty and plans to mount “a vigorous defense.” There was no response from Singh’s lawyer to inquiries for this story.
What sets this new scheme apart is that authorities claim the suspects actually carried out the crimes. Typically, fraudsters fabricate the entire incident.
In Minnesota, suspicions arose within the Eden Prairie Police Department following a series of reported attacks that shared a similar pattern – Hispanic individuals approached from behind by Somali men. Upon investigation, a common link was discovered – Yurida Hernandez Linares, an undocumented immigrant from Mexico who had initially reported being robbed by Somali men in 2015.
Linares applied for a U visa and subsequently began selling a guide on how to execute similar fraudulent schemes.
Her “consulting services,” priced at $2,000, included crafting similar stories and providing guidance, such as ensuring there were two victims to “corroborate” each other’s stories. Shockingly, she even inflicted wounds with box cutters – first using a numbing agent to alleviate the pain – to produce genuine injuries.
Linares claimed to have learned the scam from another source and asserted that she was just passing on the knowledge.
She received a sentence for time served, but her U visa petition was revoked by USCIS after the subsequent fraudulent activities were exposed. Her attorney at the time of her sentencing in 2020 anticipated deportation proceedings.
The U visa has seen a tremendous surge in popularity, with demand far exceeding the 10,000 slots allocated annually.
In fiscal year 2023, USCIS received over 31,000 primary applications from purported victims, along with almost 22,000 additional petitions from relatives of U visa applicants.
As of September 30, there were nearly 345,000 individuals awaiting processing in the U visa backlog, with over 207,000 being primary petitioners. With the cap set at 10,000 for primary petitioners, this backlog suggests an estimated 20-year waiting period.
USCIS, responding to inquiries from The Times, referred the reporter to the Justice Department’s press release on the case while maintaining the agency has “robust controls in place to mitigate fraud risks.”
In 2021, the Biden administration enacted measures to relax the U visa program, allowing those in the backlog to secure work permits earlier in the process. According to the new guidelines, upon filing a claim, providing fingerprints, and being deemed a genuine applicant, individuals can obtain a work permit. This permit acts as protection against deportation and facilitates deeper integration within communities.
Approximately 80% of principal applications submitted in 2023 were considered legitimate.
The Homeland Security inspector general conducted an audit of the U visa program, releasing a critical report in 2022 that raised doubts about the program’s efficacy in aiding law enforcement’s pursuit of criminals.
USCIS couldn’t confirm whether the victims assisted law enforcement, nor did the agency track the outcomes of fraud cases to ensure prosecution of individuals filing false claims.
The audit revealed significant levels of fraud, with certain immigrants forging police certifications or manipulating authentic certifications to bolster their cases by exaggerating the severity of the crimes.
