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13 November 2003
Federal Trade Commission Alleges Fraud by Visa Services Company
U.S. Court shuts down USA Immigration for misrepresentation
The U.S. Federal Trade Commission (FTC) has obtained a court order to shut down a business concern that the agency alleges was defrauding consumers attempting to participate in the diversity immigrant visa program. In a November 10 press release, the FTC reported that a firm known as USA Immigration was attempting to charge fees for services provided for free by the U.S. Department of State.
The diversity visa program is administered annually by the State Department under congressional mandate, issuing resident visas to individuals selected by lottery from a pool of qualified applicants. The FTC alleges that USA Immigration and its operators misled consumers into believing their company was affiliated with the U.S. government. The application process is free, but the FTC reports that USA Immigration charged customers fees to apply for the opportunity to receive a visa. A U.S. court has issued a temporary restraining order, prohibiting the company from making further misrepresentations and freezing the firm's assets. The two operators were arrested in October and face charges of mail and wire fraud.
The diversity visa program makes 50,000 permanent resident visas available each year to persons from countries with a low rate of immigration to the United States. Applicants can only qualify if they have the equivalent of 12 years of schooling, and/or a level of training and work experience in certain professions that are specified in the program's regulations.
The press release said any prospective immigrants who applied for consideration in this year's diversity visa program through USA Immigration must re-apply. The registration period for visas to be issued in 2005 is November 1, 2003 through December 30, 2003.
The FTC has previously published warnings to participants in the diversity visa lottery about the fraudulent activity that can occur in connection with the program. That information is available at http://www.ftc.gov/bcp/conline/pubs/alerts/lottery.htm
Instructions for the 2005 diversity visa program are available at http://www.travel.state.gov/dv2005.html
Applications for the diversity lottery should be submitted at http://www.dvlottery.state.gov/
Following is the text of the FTC press release:
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FEDERAL TRADE COMMISSION
November 10, 2003
FTC Advises Customers of USA Immigration Services To Re-Register for 2003 State Department 'Green Card' Lottery
The Federal Trade Commission today announced that prospective immigrants who bought diversity visa (DV) lottery application services from USA Immigration Services (USA Immigration) and are natives of eligible countries will need to re-register for the 2003 DV lottery. USA Immigration is not operating, and its principals are in jail. The company will not file any applications in the DV lottery.
Entering the DV lottery is free. Individuals can enter on their own at the State Department's Web site, www.dvlottery.state.gov. The State Department began accepting entries for the 2003 DV lottery on November 1, 2003, and will continue to accept entries through December 30, 2003. There is a strict limit of one application per person. Application information sent to USA Immigration Services will not be filed with the State Department and will not count toward that limit.
On October 1, 2003, FTC filed a lawsuit against USA Immigration Services and its operators, John Romano and Hoda Nofal, alleging that they misled consumers into believing they were affiliated with the United States government, and that for a fee, they could help consumers register through the DV lottery for a chance to apply for a permanent resident visa (green card). According to the FTC, the defendants had no connection to the federal government and misled consumers in a variety of ways about the services they claimed to provide.
At the FTC's request, the United States District Court for the District of Columbia entered a temporary restraining order on October 2, prohibiting the defendants from making further misrepresentations and freezing their assets. In a separate criminal proceeding, federal criminal law enforcement authorities arrested Romano and Nofal on October 8, 2003. Romano and Nofal are facing charges of mail and wire fraud for their activities with USA Immigration.
More information about the State Department's diversity visa lottery is at www.travel.state.gov and at www.unitedstatesvisas.gov. Potential immigrants also may call the State Department's Visa Services' Public Inquiries Branch at 202-663-1225. This number has recorded information with an option to speak with a visa specialist during most business hours. Those individuals who are overseas should contact the nearest U.S. Embassy or Consulate office.
Copies of the Commission's original complaint in this matter are available from the FTC's Web site at http://www.ftc.gov and also from the Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
(FTC File No. 032-3071)
(Civil Action No. 03-CV-2031-HHK)
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(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
