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Posted
I find it slightly odd that the woman did not tell the USC husband about the "odd" request. My husband is usually the first person to hear my complaint about the whole immigration ####### :blush:

I am also surprised they did not start a removal proceeding when the authority caught her in relation with the money laundering case.

I agree...

It's called due process.

Be glad you live in a country that has it.

I understand due process...but wasn't the woman an illegal alien at the time of the arrest? She may not have been aware of the money laundering, but she was still breaking the law...

And just for the record, I do not believe at all that she "asked for it." I think the abuse of power was horrendous, and the officer should be prosecuted to the full extent of the law....

Dawn

Our journey to be together (work in progress)

March 2007 - Met online

1/28/08 - Sent I-129F to VSC

5/13/08 - Visa in hand!!!

7/7/08 - POE

7/11/08 - legal wedding

7/20/08 - AOS/EAD/AP sent to Chicago Lockbox

11/18/08 - AOS approved!!!

11/25/08 - Received welcome letter...and Green Card!!!

12/21/08 - ceremonial wedding

10/9/10 - Sent I-751 and started the fresh hell that is ROC

10/14/10 - NOA1 for ROC

10/29/10 - received appointment for Biometrics

11/22/10 - Biometrics appointment

Currently: Living blissfully with my Essex lad...

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Filed: Country: Belarus
Timeline
Posted
peejay, no one but no one is saying that she should automatically get a green card. We're saying that just because you've invented a bunch of details about how she must have lied to get a tourist visa and is using her American spouse (why you think this, I'm not sure.) doesn't actually count as evidence of fraud.

I didn't invent anything. I read it in the Houston Chronicle. Here are the highlights. Judge for yourself.

http://www.chron.com/disp/story.mpl/front/5637324.html

She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to "adjust" her illegal status.

She lied to get a tourist visa and overstayed. She was an illegal alien until she found a sucker to marry her.

She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.

She should have been deported then, but NYC is another sancuary city for illegal aliens. What's up with this?

The young woman's ordeal is not over. Her husband overheard her speaking about it to a cousin about a month ago, and she had to tell him the whole story, she said.

"He was so mad at me, he left my house," she said, near tears. "I don't know if he's going to come back."

The green card has not come through. "I'm still hoping," she said.

Hubby dumps her, but at least she hopes to get a Green Card out of the deal. Give me a break! It doesn't sound like hubby is overwhelmed with empathy, sympathy, or compassion.

i've not seen anything to support her lying to get a tourist visa. and while she was illegal until marriage, she did try to adjust status.

i don't agree with the treatment she got at the hands of the uscis toad, and i further believe she should be awarded permanent status based on her treatment by this official.

So you don't think her telling our people at the US embassy that she didn't intend to immigrate in order to be granted a tourist visa and then doing just that ain't lying? She lied when she stated she didn't intend to immigrate and that was most certainly her intent from the get go. That is a liar in my value system. So she lied her way into the USA and has been conniving for a Green Card ever since.

"Credibility in immigration policy can be summed up in one sentence: Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave."

"...for the system to be credible, people actually have to be deported at the end of the process."

US Congresswoman Barbara Jordan (D-TX)

Testimony to the House Immigration Subcommittee, February 24, 1995

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

i've not seen anything to support her lying to get a tourist visa. and while she was illegal until marriage, she did try to adjust status.

i don't agree with the treatment she got at the hands of the uscis toad, and i further believe she should be awarded permanent status based on her treatment by this official.

So you don't think her telling our people at the US embassy that she didn't intend to immigrate in order to be granted a tourist visa and then doing just that ain't lying? She lied when she stated she didn't intend to immigrate and that was most certainly her intent from the get go. That is a liar in my value system. So she lied her way into the USA and has been conniving for a Green Card ever since.

as neither you nor i can read her mind, i'll grant her the benefit of the doubt.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Posted
So you don't think her telling our people at the US embassy that she didn't intend to immigrate in order to be granted a tourist visa and then doing just that ain't lying? She lied when she stated she didn't intend to immigrate and that was most certainly her intent from the get go. That is a liar in my value system. So she lied her way into the USA and has been conniving for a Green Card ever since.

People post here *all the time* about how they entered on a tourist (or student, or temporary worker) visa and something happened that made them change their mind ... they found out the woman was pregnant, or something big happened in their home countries and they were afraid to go back (I met a *lot* of Argentinean overstays in the few months after Argentina's economy collapsed, and I've also met many Salvadorans who were here on temp visas of some sort when they got word that a relative was killed in El Salvador and they were afraid they'd be next so they overstayed, plus I've heard more than once of a woman visiting family in the US on a B-2 when her husband sent a message saying "I won't be here when you get back, so don't bother"...), or a just-a-boyfriend surprised them with a ring while on a visit,...

It's neither illegal nor unethical to happen to change your mind after living here for several months (B-2s are good for six months), as long as your intention *when you entered* was to leave again. As someone said, people can be (and often are) asked to prove that they originally intended to return.

I agree with charlesandnessa. You don't know what's in her mind and you don't know what proof she could have submitted, or has submitted, that her original intent was to go back home again.

Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

Filed: Country: Belarus
Timeline
Posted
Peejay, she was not an illegal alien. She was inspected at entry so her presence in the country is not illegal. She was however, out of status. Just like the thousands of individuals who enter the country legally on a K1 but fail to file for adjustment before their I94 expires. She was an 'overstayer' and subject to the bar if she had left the country, but she was not an 'illegal alien'. 'Illegal aliens' have not been inspected by CBP at entry.

As for her marriage - it may or may not be over. But if the marriage itself was based upon a bonafide relationship, she has the right to file for adjustment just as much as anyone else in this forum.

You may be unhappy with her immigration status, but the fact is she didn't do much else differently than hundreds of other members of this forum. Other than manage to get herself arrested once, and that situation appears to have been previously resolved.

Not everybody immigrates to this country in the same way. Our laws provide for various paths. Our personal feelings about those paths are not sufficient to brand a person 'illegal'.

A rose by any other name is still a rose. A dope dealer is just an unlicensed pharmacist? And now illegal aliens are "out of status" overstayers or even undocumented workers or even the more genteel "migrant". What a joke! What a sugar coated deception of reality!

Wikipedia doesn't buy into your twisted logic. Neither do I.

Illegal immigration to the United States

From Wikipedia, the free encyclopedia

Definition

The U.S. Department of State defines an "alien" as "a foreign national who is not a United States citizen"

Immigrants are classified as illegal for one of three reasons: entering without authorization or inspection, staying beyond the authorized period after legal entry, or violating the terms of legal entry.

http://en.wikipedia.org/wiki/Illegal_immig...e_United_States

She pretty much sounds like an "illegal alien" to me. Yes...a rose by any other name is still a rose. And if it walks like a duck, quacks like a duck, and acts like a duck...it's probably a friggin' duck. And this woman was an illegal alien for several years.

Maybe you think lying to US embassy personel by stating that she didn't intend to immigrate in order to be granted a tourist visa and then doing just that is "just another way to immigrate", but in my value system people that pull that ####### are liars, cheats, and illegal aliens.

"Credibility in immigration policy can be summed up in one sentence: Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave."

"...for the system to be credible, people actually have to be deported at the end of the process."

US Congresswoman Barbara Jordan (D-TX)

Testimony to the House Immigration Subcommittee, February 24, 1995

Filed: Other Timeline
Posted

Peejay,

You have some valid points but your rhetoric is overly broad, as is Wikipedia's definition.

The fact that the woman was legally admitted allows her the right to file a petition to adjust status through marriage to a US Citizen. Even if she has time illegally present due to a visa overstay.

Even if your duck was quacking, because it legally quacked it's way in with the blessings of a CBP officer, that gives it certain protections not offered to a duck who swam in via some secretive inlet. And in this case, the duck also had its quackings blessed by a US consulate.

You're annoyed that, in your opinion, this woman abused the system to enter the US. She well may have. But that doesn't allow individuals in positions of power to use that power to subject her to acts of sexual degredation. Unless it is your contention she deserves that sort thing before her immigration crimes are forgiven.

And I really don't think that one is in the INA.

Posted

Usually "illegal alien" refers to whatever number looks to be the biggest (no use scaring people if you can't count the four million here or so who were inspected.) So it usually includes overstays in the popular parlance, but the popular parlance also would have my husband being a citizen because he married me and so the popular parlance doesn't reflect reality, which is that under immigration law, an overstay is not considered nearly as serious as an EWI. It just isn't.

U.S. law says that your intent has to be to leave when you enter the country, but it also allows for adjustment of status because one's intent can change post-entry. It allows it for VJers who knew their intended, loved their intended, and "spontaneously" decided to get married. It's not a really high bar in the case of marriage, because getting married is something that can change one's plans.

I have friends who entered on student visas, fell in love, and got married. They had to sign the same paperwork disavowing immigrant intent, but that doesn't mean their relationships are automatically void. Many others get student visas and transfer to work visas. Completely legit! No one says 'six years ago, you said you'd leave after studying (excluding the J HRR restrictions), therefore, you must have decided to accept this job six years ago' because that's nuts.

So, she entered legally (perhaps as a minor as it was four years ago, and she's only 22) , and fell out of status. That doesn't mean she had a conspiracy from the beginning to find some American guy three years after falling out of status to marry.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

Posted

His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.

This news item is very disturbing as it shows abuse of power and victimization of women. As a woman raised in a culture with strong hispanice influence I can very well understand the victim's reactions to someone in authority and to the eventual sexual abuse.

What does get my goat is that due process allows this abuser to be on paid vacation while the cases are being reviewed. :help: Don't they have enough evidence on this one case to suspend him without pay or withhold his pay while he is under investigation for other cases?

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

Filed: AOS (apr) Country: Panama
Timeline
Posted

His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.

This news item is very disturbing as it shows abuse of power and victimization of women. As a woman raised in a culture with strong hispanice influence I can very well understand the victim's reactions to someone in authority and to the eventual sexual abuse.

What does get my goat is that due process allows this abuser to be on paid vacation while the cases are being reviewed. :help: Don't they have enough evidence on this one case to suspend him without pay or withhold his pay while he is under investigation for other cases?

The government has a tendency of putting people on "administrative leave" when they do something really messed up on the job.This of course means they will eventually get the boot,unless their union can help them get their job back.

I work for state govenment and saw a similar case to this one.The person got put on "administrative leave",and was never seen again.The union wouldn't even touch his case with a 10 foot pole because he was on the executive board of that particular local.

May 7,2007-USCIS received I-129f
July 24,2007-NOA1 was received
April 21,2008-K-1 visa denied.
June 3,2008-waiver filed at US Consalate in Panama
The interview went well,they told him it will take another 6 months for them to adjudicate the waiver
March 3,2009-US Consulate claims they have no record of our December visit,nor Manuel's interview
March 27,2009-Manuel returned to the consulate for another interrogation(because they forgot about December's interview),and they were really rude !
April 3,2009-US Counsalate asks for more court documents that no longer exist !
June 1,2009-Manuel and I go back to the US consalate AGAIN to give them a letter from the court in Colon along with documents I already gave them last year.I was surprised to see they had two thick files for his case !


June 15,2010-They called Manuel in to take his fingerprints again,still no decision on his case!
June 22,2010-WAIVER APPROVED at 5:00pm
July 19,2010-VISA IN MANUELITO'S HAND at 3:15pm!
July 25,2010-Manuelito arrives at 9:35pm at Logan Intn'l Airport,Boston,MA
August 5,2010-FINALLY MARRIED!!!!!!!!!!!!
August 23,2010-Filed for AOS at the International Institute of RI $1400!
December 23,2010-Work authorization received.
January 12,2011-RFE

 

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