Response to the Court's Request for Information Regarding the Defendant's Immigration Status and Authorization to Work -- United States v. Aticha Jittaphol, a/k

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          Case 1:21-cr-10270-MLW          Document 51        Filed 03/08/22      Page 1 of 4




                               UNITED STATES DISTRICT COURT
                                DISTRICT OF MASSACHUSETTS


 UNITED STATES OF AMERICA

                                                     CRIMINAL No. 21-cr-10270-MLW
          v.

 ATICHA JITTAPHOL

           Defendant



      RESPONSE TO THE COURT’S REQUEST FOR INFORMATION REGARDING THE
     DEFENDANT’S IMMIGRATION STATUS AND AUTHORIZATION TO WORK IN THE
                                      UNITED STATES
        On February 10, 2022, the Court asked probation and the government to attempt to obtain

copies of the defendant’s applications for extension of her F1 student visa, and any documents

concerning whether her reported application for asylum authorizes her to remain in the United

States and work. (ECF No. 39.) In particular, the Court was interested in whether the defendant

is in the United States based on possible misrepresentations about being a student since 2016, and

whether she is working unlawfully.

I.        EXTENSIONS OF THE DEFENDANT’S F-1 VISA

          Probation previously reported that the defendant first entered the United States in 2012 via

an F1 student visa. ECF No. 33. Probation also reported that in 2015, the defendant applied for,

and was granted a work authorization allowing her to be employed in the United States under her

student visa, and the defendant’s F1 student visa will expire on July 2013. Id.

          Following probation’s submission of ECF No. 33, probation and the government received

more accurate information about the defendant’s F1 student visa. It appears that the defendant

first entered the United States on May 2, 2012 on an F1 visa, but did not renew her F1 visa after
       Case 1:21-cr-10270-MLW           Document 51        Filed 03/08/22      Page 2 of 4




entry. Thus, Jittaphol’s F1 visa became invalid as soon as she stopped attending classes as a course

of study. Also, as discussed in further detail below, Jittaphol applied for and was granted work

authorization under her asylum application—not her F1 visa.

II.    DEFENDANT’S WORK AUTHORIZATION

       The defendant has a pending asylum application, as the defendant disclosed in ECF No.

34. An applicant for asylum who is in the United States may apply for employment authorization

pursuant to 8 CFR 208.7, 274a.12(c)(8) and 274a.13(a)(2).

       Here, the defendant has applied for and received work authorization five times, as listed in

attached Exhibit A.     So far, the government has located the first two work authorization

applications,                   and                    , which are attached as Exhibits B and C,

respectively. Both of those work authorization applications were based on Jittaphol’s asylum

application. See Exs. B and C, no. 16. The government is attempting to, but has not yet located

Jittaphol’s other work authorization applications.

       In summary, the defendant originally entered the United States on an F1 student visa in

2012. The defendant failed to renew her F1 student visa, and it lapsed as soon as she stopped

attending classes as a course of study. The defendant subsequently made an asylum application.

On at least two occasions, she applied for work authorization under her asylum application. Thus,

it appears that the defendant is currently in the country lawfully, without status because she has a

pending asylum case with USCIS. Her current work authorization allows her to remain in the U.S.

and work until July 13, 2022. Further the defendant may remain in the U.S. without status until

USCIS makes a decision on her pending asylum case.




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Case 1:21-cr-10270-MLW    Document 51       Filed 03/08/22     Page 3 of 4




                               Respectfully submitted,

                               JOSHUA S. LEVY
                               First Assistant United States Attorney


                         By:   /s/ Elysa Q. Wan
                               ELYSA Q. WAN
                               Assistant United States Attorney

                               ALYSSA TOCHKA
                               LUKE GOLDWORM
                               Special Assistant United States Attorneys




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                                CERTIFICATE OF SERVICE
        I, Elysa Wan, Assistant U.S. Attorney, hereby certify that the foregoing was sent to counsel
of record through email on February 17, 2022.


                                              /s/ Elysa Q. Wan
                                              Elysa Q. Wan
                                              Assistant United States Attorney




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