Vengatore

What about a "Know Your Rights" guide?

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Hello everyone,

 

We all know that current times a bit shaky in terms of immigration to the USA, and a lot of us are scared and have a lot of questions like:

 

What if I don't get married on time? what is my status?

Can I be deported if I am controlled during my AOS period?
Is Advance Parole safe to use nowadays?

Is it legal for a border officer to look for files on my laptop? ask for the PIN of my phone? ask for my social media passwords? or simply retain me for no reason?
...and many more (you name it).


I'd like to suggest a discussion about everything that concerns us, with the purpose of ultimately creating a guide that could be named "Know Your Rights" with all the condensed information.

 

Let me know what you guys think.

 

Best,

 

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You are always subject to inspection by immigrations at POE and even boarder patrol agents within a certain mileage(think it's 100 miles) from the boarders (mainly Mexican boarder really).

 

As to a guide, main issue with this is it would be constantly changing with new policies and updates. 

Edited by Ben&Zian

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1 minute ago, Ben&Zian said:

You are always subject to inspection by immigrations at POE and even boarder patrol agents within a certain mileage(think it's 100 miles) from the boarders (mainly Mexican boarder really).

 

Yeah, it is more about what can they ask you to do or not... because is not the same if they take look at your bags or if they want to read your emails or the personal files in your phone.


 

3 minutes ago, Ben&Zian said:

As to a guide, main issue with this is it would be constantly changing with new policies and updates. 

 

What would be the solution, then? I think the lack of knowledge creates fear, and we are just scared of doing anything right now.

 

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4 minutes ago, Vengatore said:

 

Yeah, it is more about what can they ask you to do or not... because is not the same if they take look at your bags or if they want to read your emails or the personal files in your phone.

 

 

They can technically search whatever they want. If it's from emails to text messages, absolutely they can. If you refuse they can detain you further or deny you entry and turn you away. USC's, even they are subject to these searches.

 

 

Edited by Ben&Zian

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1 minute ago, Ben&Zian said:

 

They can technically search whatever they want. If it's from emails to text messages, absolutely they can. If you refuse they can detain you further or deny you entry and turn you away. 

 

 

 

That is not true, and it is exactly what I am talking about:

 

“In each incident that I’ve seen, the subjects have been shown a Blue Paper that says CBP has legal authority to search phones at the border, which gives them the impression that they’re obligated to unlock the phone, which isn’t true”

 

Hassan Shibly, chief executive director of CAIR Florida
 

 

 

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I think whole purpose you ask mainly is because you have had it happen or they would find something if it did happen..... 

 

And just because one person says they don't, doesn't mean they don't, they just turn you away then.

 

Why everyone wants to give immigrations and the boarder agents such troubles when they are doing their jobs is beyond me.

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Just now, Ben&Zian said:

I think whole purpose you ask mainly is because you have had it happen or they would find something if it did happen..... 

Another perfect example of: "I don't have any problems about giving my rights, if you have a problem with it is because you have done something wrong...
 

 

Look, I understand that a lot of people here might be scared about talking about this, but in the end it is just information, and knowledge can NEVER be something to be scared of.

We are basically trying to help each other in this forum, right? Why can not discuss these issues? I think that given the current US Administration any of us could be potentially in a problem, and we had plenty of examples of that in just one month.

I want to be informed, I want to know what to do or who to call if I have an issue, I want to be able to respond knowing my rights to any kind of problem that might happen. I want us to act like a community and support each other, but for real.

 

You can do whatever you want, good luck.

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Officials reserve the right to detain and search you at the border. They may or may not deny entry for whatever reason they may come up with. But so does any other country on the planet. Regarding privacy of laptops and cellphones, there's actually some very good guides out there regarding rights and if it is a concern how to travel. https://www.eff.org/wp/defending-privacy-us-border-guide-travelers-carrying-digital-devices

http://www.technologylawsource.com/2010/03/articles/information-technology/what-border-officials-can-do-with-your-laptop-and-cellular-phone/

 

They may request you hand over those devices and you must comply, but you are under no obligation to provide passwords for them despite whatever documents they may present to coerce you with. However, the problem with that is that with your refusal you may be denied entry, threatened, or have your devices seized whereupon they most likely will break into those devices. A US citizen will have a better case in non-compliance without fear of denial than an immigrant I'm afraid, but that still doesn't mean they can't forcibly seize the property.

 

There are many good CBP officials who do a very thankless job every day, but unfortunately we also know there are some who abuse the power they are given. There are methods to issue complaints of course. But if the answer you want to know is if they are allowed to do whatever they want with your stuff? The answer is, yes. It's an uncomfortable answer for a lot of people.

Edited by yuna628

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3 minutes ago, yuna628 said:

Officials reserve the right to detain and search you at the border. They may or may not deny entry for whatever reason they may come up with. But so does any other country on the planet. Regarding privacy of laptops and cellphones, there's actually some very good guides out there regarding rights and if it is a concern how to travel. https://www.eff.org/wp/defending-privacy-us-border-guide-travelers-carrying-digital-devices

http://www.technologylawsource.com/2010/03/articles/information-technology/what-border-officials-can-do-with-your-laptop-and-cellular-phone/

 

They may request you hand over those devices and you must comply, but you are under no obligation to provide passwords for them despite whatever documents they may present to coerce you with. However, the problem with that is that with your refusal you may be denied entry, threatened, or have your devices seized whereupon they most likely will break into those devices. A US citizen will have a better case in non-compliance without fear of denial than an immigrant I'm afraid, but that still doesn't mean they can't forcibly seize the property.

 

Thanks a lot for participating and trying to add something to the conversation!!

Now my question would be if there is someone that is also willing to help to create something to help us in case of trouble or if this is just something that is going to be some sort of "taboo" subject in this forum so it can not be discussed.

 

Because honestly, I don't want to lose my time and energy on this if the mindset of the community is "do whatever they ask you to do, if you don't you have done something wrong".

 

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5 hours ago, Vengatore said:

Hello everyone,

 

We all know that current times a bit shaky in terms of immigration to the USA, and a lot of us are scared and have a lot of questions like:

 

What if I don't get married on time? what is my status?

Can I be deported if I am controlled during my AOS period?
Is Advance Parole safe to use nowadays?

Is it legal for a border officer to look for files on my laptop? ask for the PIN of my phone? ask for my social media passwords? or simply retain me for no reason?
...and many more (you name it).


I'd like to suggest a discussion about everything that concerns us, with the purpose of ultimately creating a guide that could be named "Know Your Rights" with all the condensed information.

 

Let me know what you guys think.

 

Best,

 

If you don't get married within the 90 days then yes you can be deported. Once you are out of the 90 day window you will have no status until you file for AOS and you can be deported, but it is highly unlikely. 

 

No, you can not be deported during your AOS because you will have paperwork and be in the system as adjusting from the K1 visa. Just be sure to always have the paperwork with you espeically if you live within 100 miles of the border because they do have inland immigration check points. 

 

Advance Parole is always safe to use no matter what, just make sure you have the proper paperwork with you when you travel. My wife and I had her expired green card, marriage license copy, and the AP paperwork when we traveled internationally last year. There was no problem. 

 

Yes, it is very legal for them to go through your electronic documents and devices when you are coming into the country. The safest bet is and the least likely to cause problems with them is to just give them the information and let them look. If you are trying to hide or refuse to give them the information that they want, then they can refuse you entry into the USA. Yes, it has happened before where someone has a valid visa to enter but then refused entry into the USA. That part is common practice across the USA and was happening way before Trump every took office. If you refuse to give information they want then it raises their suspicions and it is never a good thing. 

 

 

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4 hours ago, Vengatore said:

 

That is not true, and it is exactly what I am talking about:

 

“In each incident that I’ve seen, the subjects have been shown a Blue Paper that says CBP has legal authority to search phones at the border, which gives them the impression that they’re obligated to unlock the phone, which isn’t true”

 

Hassan Shibly, chief executive director of CAIR Florida
 

 

 

Honestly I would take anything I hear or read from CAIR with a grain of salt. 

 

I don't see a problem with them looking and checking anything if I am not doing anything wrong. You can go ahead and cause problems at the POE that's fine with me. Then we will hear from you on here complaining that they refused you entry into the USA. 

 

CAIR is an organization that tries to do everything they can under the law to subvert the USA law, all the while supporting known terrorist organizations in ME. 

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4 hours ago, Vengatore said:

Look, I understand that a lot of people here might be scared about talking about this, but in the end it is just information, and knowledge can NEVER be something to be scared of.
We are basically trying to help each other in this forum, right? Why can not discuss these issues? I think that given the current US Administration any of us could be potentially in a problem, and we had plenty of examples of that in just one month.
I want to be informed, I want to know what to do or who to call if I have an issue, I want to be able to respond knowing my rights to any kind of problem that might happen. I want us to act like a community and support each other, but for real.

 

You can do whatever you want, good luck.

 

We are not scared to talk about this at all on this forum and it has been brought up repeatedly before. Yes, the ban has caused some problems in the beginning and I hope the next one he implements next week fixes and explains more of what he talks about. Just because you think you have right to enter on a visa does not give you a right to enter, it is a privilege. The only people that have the right to enter into any country are those country's citizens. 

 

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Here are more-general rights, which are probably rather stable:

http://www.youtube.com/watch?v=yqMjMPlXzdA

 

This should be of interest:

http://www.aclu.org/files/kyr/kyr_english.pdf

 

CBP has the complete right to search us entering and leaving a POE.

There are a few restrictions on them at inland CBP checkpoints, and on roving CBP patrols.

However, the area within approximately 100 miles of the Mexican border is known as the "de-Constitutionalized zone" for a reason.

Just be aware that many CBP agents will be in a foul mood and be looking to nail somebody... anybody.

And even U.S. citizens should avoid the inland checkpoint just south of Alpine, Texas.

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Lesson learned, now I know what is the mood about protecting your basic rights here so I am not going to try to do something that clearly no one thinks is important. 

 

I hope that you (or your loved ones) will never be in need of help or in the middle of an unfair situation... or if you do you will be lucky enough to find someone with compassion and understanding of you situation willing to help you. 

 

On my side, I am very aware that we have rights as anybody else and I will defend them utill the last consequences but hey, everybody for himself. You decide the kind of life you want to have 

 

Closed thread for me, good luck. 

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