Worker sues over alleged CW-1 fraud

A Filipino worker is suing the owner of a manpower company after accusing her of defrauding him by making him pay for illegal fees for a promised CW1 visa application that she never filed.

Segundo Lapeceros Jr.is suing Edita Capilitan Cruz, who runs her businesses under names such as W.E.C. Manpower Services, W.E.C. General Enterprises, W.E.C. Enterprises, W.E. Cruz Catering, Mega Marianas, and Mega Marianas Transport.

Jane Mack of the Micronesian Legal Services Corp.-Marianas Office filed the lawsuit on behalf of Lapeceros before the Superior Court over the weekend.

Lapeceros is suing Cruz for breach of contract, conversion, fraud, violation of Unfair and Deceptive Acts and Practices statute, and violation of the Alien and Immigrant Consumer Protection Act.

He wants Cruz held liable to pay him $14,962 in damages, plus court costs and attorney’s fees. He alleged that he paid Cruz a total of $2,250.

As of press time, Saipan Tribune was still trying to obtain comments from Cruz.

According to Mack, Cruz breached the contract she entered into with Lapeceros to have his wife work for Cruz’s catering company as a CW-1 worker and for Cruz to process the paperwork for the CW-1 status of Lapeceros’ wife.

Mack said Cruz also breached the contract she entered into with Lapeceros to process the paperwork to renew his CW-1 status.

Mack said Cruz is guilty of fraud on Lapeceros for fraudulently inducing him to pay money for services she had no intention of providing.

The lawyer said Cruz violated the Unfair Acts and Practices statute with her false advertising that she was hiring foreign workers for a manpower business, implying that she would do so legally.

Mack said Cruz violated the Alien and Immigrant Protection Act by charging processing fees to hire alien workers, keeping the fees while failing to process the paperwork.

Mack stated in the complaint that Cruz advertised her business as a manpower agency and a service to process paperwork for foreign workers who sought employment as CW-1 workers.

Lapeceros wanted to be employed as a foreign worker and Cruz allegedly offered to hire him as a commercial cleaner for her business.

Mack said Lapeceros paid Cruz $500 on Jan. 3, 2016, and another $350 three days later.

Lapeceros allegedly did not get any receipt for these payments, but a receipt for $500 was issued in his name dated Jan. 29, 2016.

Mack said Cruz filed a petition to hire Lapeceros as a CW-1, and the petition was received by U.S. Citizenship and Immigration Services on Feb. 8, 2016.

Eventually, Lapeceros’ CW-1 petition was approved, effective May 5, 2016 to March 20, 2017.

Lapeceros exited the CNMI and returned in September 2016.

Mack said the plaintiff worked for Cruz starting Sept. 15, 2016 on his CW-1 permit.

While his initial CW-1 petition was pending, Lapeceros and Cruz allegedly spoke about the possibility of hiring Lapeceros’ wife. Mack said Cruz lied to Lapeceros and allegedly offered to hire Lapeceros’s wife as a kitchen helper.

Mack said Cruz offered to prepare the necessary forms to hire the wife as a CW-1 worker and to submit the petition for her employment to USCIS.

Cruz allegedly asked for $950 to process Lapeceros’ wife’s papers for the position.

Mack said that, while Cruz had a catering business and used kitchen workers in it, she did not have any intention of submitting the paperwork to USCIS to hire Lapeceros’s wife as a CW-1 worker.

The lawyer said Lapeceros did not know that Cruz had lied about her intention to hire his wife through the legal CW-1 process.

On March 15, 2016, Lapeceros allegedly paid Cruz $950 so that she could process the CW-1 papers and file a petition for his wife to be hired as her CW-1 worker.

Mack said the plaintiff did not get a receipt.

Mack said Cruz fraudulently promised that she would file all of the necessary CW-1 paperwork for Lapeceros’ wife’s employment with USCIS.

In June through September 2016, Lapeceros asked Cruz for information about the status of the CW-1 petition for his wife.

Cruz allegedly told Lapeceros that she had filed the CW-1 permit paperwork to hire his wife.

In mid-September 2016, when he returned to the CNMI, Lapeceros also asked Cruz about renewing his status.

Lapeceros was worried that his status expired in March 2017, and that Cruz would need to renew his status promptly because of CW-1 cap issues.

Mack said Cruz told Lapeceros that she intended to renew his contract.

Cruz allegedly demanded that Lapeceros pay $450 as renewal processing fees.

On Sept. 15, 2016, Lapeceros allegedly paid Cruz $450 to process the renewal of his CW-1 permit but did not get a receipt.

In October 2016, Cruz allegedly told Lapeceros that she had submitted his renewal paperwork by the end of September 2016 and that he did not need to worry about the cap issue.

Mack said Cruz knowingly and fraudulently lied and misdirected Lapeceros to cover up her actions in not filing the CW-1 paperwork for his wife’s employment and in not filing the CW-1 paperwork for renewal of his employment.

In late October 2016, Lapeceros allegedly learned from an employee of Cruz that Lapeceros’ wife’s CW-1 petition had never been mailed out.

Lapeceros also learned from an employee of Cruz that his CW-1 renewal petition had never been mailed out.

In November 2016, after hearing that the petitions had not been mailed, Lapeceros confronted Cruz and Cruz allegedly assured him that she had a way of sending and processing papers and it would get done.

In December 2016, Lapeceros demanded his money back from Cruz. Cruz allegedly told him to return in January 2017.

Mack said Lapeceros tried to contact Cruz in January 2017, but she never answered his calls.

Mack said no receipt for mailing or USCIS receipt was ever produced or given to Lapeceros relating to a CW-1 petition for his wife and to a renewal of his CW-1 status.

Mack said Cruz never filed any petition with USCIS for Lapeceros’s wife and for renewal of his CW-1 status.

Mack said Cruz never paid any money back to Lapeceros.

“Lapeceros suffered great harm from Cruz’s trickery, fraud, and deceit,” the lawyer said, adding that plaintiff did not look for other work or another employer.

The lawyer said Lapeceros lost his CW-1 status and faces immigration consequences.

Mack said Lapeceros lost income from the work that he would have earned as a CW-1 worker in 2016-2017.

Mack said plaintiff also lost the anticipated benefit from the employment of his wife.