Probation Officer Memorandum on Immigration and Employment Status -- United States v. Aticha Jittaphol, a/k/a "Lily"

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        Case 1:21-cr-10270-MLW              Document 33          Filed 01/25/22        Page 1 of 2




MEMORANDUM
To:     The Honorable Mark L. Wolf
        Sr. U.S. District Judge for the District of Massachusetts

From: Taylor Wertz
      U.S. Probation Officer

Date:   1/25/2022

Re:     Jittaphol, Aticha (21-CR-10270-MLW-1)


The purpose of this Memorandum is to provide Your Honor with supplemental information regarding the
defendant’s immigration and employment status.

The undersigned officer received the following information from the Immigration and Customs
Enforcement (ICE) Agency:

        The defendant, Aticha Jittaphol, first entered the United States in 2012 via a F1 Student Visa. In
        2015, the defendant applied for, and was granted, a work authorization card allowing her to be
        employed in the United States under her Student Visa. The defendant’s work authorization was
        renewed on multiple occasions between 2015 and 2021, and is scheduled to expire on July 13,
        2022. Her F1 Student Visa will also expire on this same date.

        Under the F1 Student Visa, the defendant is required to be in school or participating in a school
        program. If the defendant is no longer in school, she is technically ‘out of status’ with her Visa and
        may be subject to removal.

Additionally, the U.S. Citizenship and Immigration Services public website outlines the following
information regarding F1 Student Visas and employment:

        “F-1 Student Visa
        The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an
        accredited college, university, seminary, conservatory, academic high school, elementary school,
        or other academic institution or in a language training program. You must be enrolled in a program
        or course of study that culminates in a degree, diploma, or certificate and your school must be
        authorized by the U.S. government to accept international students.

        Employment
        F-1 students may not work off-campus during the first academic year, but may accept on-campus
        employment subject to certain conditions and restrictions. After the first academic year, F-1
        students may engage in three types of off-campus employment:

        Curricular Practical Training (CPT)
        Case 1:21-cr-10270-MLW             Document 33         Filed 01/25/22       Page 2 of 2



        Optional Practical Training (OPT) (pre-completion or post-completion)
        Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training
        Extension (OPT)

        F-1 students may also be eligible to work off-campus on a case-by-case basis as a result of special
        situations such as severe economic hardship or special student relief. M-1 students may engage in
        practical training only after they have completed their studies.

        For both F-1 and M-1 students any off-campus training employment must be related to their area
        of study and must be authorized prior to starting any work by the Designated School Official (the
        person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and
        USCIS.”

The defendant reports, that she completed schooling with the Teoma Institute of Massage Therapy in 2016.
The defendant’s attorney provided the U.S. Probation Office with a copy of the defendant’s diploma from
Teoma Institute of Massage Therapy dated August 3, 2016. This diploma was awarded after the defendant
completed 650 hours of the massage therapy program, which resulted in her earning the title of Massage
Therapist.

In reference to the defendant’s employment status in the community, the defendant reports that following
her arraignment for the instant offense, her massage business subsequently closed. However, she continued
to be self-employed providing massages for income. She further reported that since her arrest, she did not
keep track of business records of her income from providing massages. She indicated that during this time,
she was employed part-time for Phở O Sha Thai-Vietnamese Restaurant, working 2-3 days per week at
their restaurant. The defendant provided the U.S. Probation Office with verification of her employment
with the Phở O Sha Thai-Vietnamese Restaurant via a W-9 Tax Form and personal check authorizing a
payment from Chai Yo Inc, a company with a principal address located at the Phở O Sha Thai-Vietnamese
Restaurant.

If Your Honor requires any additional information regarding the defendant’s immigration or employment
status, please do not hesitate to contact this writer.


Reviewed/Approved By:

/s/ Christopher Foster
Christopher Foster
Supervisory U.S. Probation Officer


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