USCIS adjudicator testifies in immigration fraud case

The U.S. government began calling its witnesses yesterday in the ongoing federal jury trial of a Chinese woman who allegedly lied in her immigration application.

Assistant U.S. attorney Garth R. Backe first called to the witness stand Jesselee Santos-Krider, an adjudicator at U.S. Citizenship and Immigration Services who interviewed Tang in 2009.

Santos-Krider testified about the types of immigration applications she has reviewed and adjudicated such as Tang’s USCIS Form I-485 and USCIS Form I-130. Form I-485 is an application to register for permanent residence or adjust status, while Form I-130 is a petition for an alien relative.

According to Backe, the purpose of Form I-130 is to establish that there is a legal, bona fide relationship between the petitioner and the beneficiary who is to benefit from the filing of the petition. Backe said the beneficiary can apply for a change or adjustment of his or her immigration status based on that relationship.

Santos-Krider said the questions she asks make sure that the relationship between the petitioner and the beneficiary is valid and not only for immigration benefit.

During Santos-Krider’s interview about Tang’s application, Tang allegedly stated that she only has one child.

Santos-Krider said she found a discrepancy in Tang’s statements so she put the case on hold for further review and then referred Tang’s case to a fraud investigator.

Santos-Krider agreed with defense counsel Colin Thompson that Tang’s petition was ultimately denied but on a totally different ground.

According to the indictment, Tang lied in her application to register permanent residence or adjust status with USCIS. Tang allegedly claimed that her only child was her daughter born in 2006 when in fact she also gave birth to a son in April 2002.

After Santos-Krider, the prosecution called Homeland Security Investigations special agent Christopher Kobayashi, the former case agent assigned to the investigation of Tang and others believed to be engaging in visa fraud on Saipan.

Kobayashi interviewed Tang on Aug. 6, 2011, during which the defendant allegedly admitted that she had another child and acknowledged that she did not list the child on her 2009 Form I-485. Tang allegedly claimed she did not disclose the child because she wanted to be consistent with her 2006 Form I-485.

The trial will continue today, Thursday.