Jump to content
aaron2020

Q for Moderators - why do you treat posters differently?

10 posts in this topic

Recommended Posts

Hi All,

Simple question. Why are posters who adjust in the US treated differently from posters outside the U.S.?

We can provide information about immigrant intent treatment under case law from Matter of Battista and Matter of Cavazos to a person seeking to adjust as the IR of a USC after entering on the VWP or nonimmigrant visa. The Moderators never delete the legal information. In fact, they have helped these people.

When we provide information about immigrant intent treatment under case law from Matter of Battista and Matter of Cavazos to a person outside the U.S. and tell them it's immigration fraud to enter the U.S. with the intent to immigrate, the Moderators will delete the information.

Why are some people allowed to know about the law and others can not be told what the law is?

Share this post


Link to post
Share on other sites

All members should be treated the same, within the terms of service. If you think we made a mistake this is certainly the place to post that. Can you give us more information on an example where you think we made a mistake or could do better?


I am an Ewok. I am here to to keep the peace. Please contact me if you have a problem with the site or a complaint regarding a violation of the Terms of Service. For the fastest response please use the 'Contact Us' page to contact me.

Share this post


Link to post
Share on other sites

Interesting question. Perhaps others can better explain. I am not privy as to whether a person is posting within, or outside of the US. Agree with Ewok, all members should be treated equally.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

All members should be treated the same, within the terms of service. If you think we made a mistake this is certainly the place to post that. Can you give us more information on an example where you think we made a mistake or could do better?

Ask Ryan. He deleted my posts so I can't give you an exact example.

Here is a typical post that gets deleted.

OP asked if he can come to the U.S. with his USC wife and adjust.

I reply that it's immigration fraud to enter the US on the VWP or nonimmigrant visa with the intent to immigrate. I also would tell the OP about Matter of Battista and Matter of Cavazos and the consequences for entering the US on he VWP or nonimmigrant visa. My posts are then deleted as a TOS violation.

I suspect that the Moderators delete my posts because they don't agree with the consequences provided by law because when I give out the consequences for other illegal activities, they are never deleted.

Meanwhile, my posts to folks already here and adjusting from the VWP or a nonimmigrant visa about Matter of Battista and Matter of Cavazos are never deleted.

Why the disparity in providing information about the law when I tell people it's immigration fraud to enter on the VWP or a nonimmigrant visa with the intent to immigrate?

Edited by aaron2020

Share this post


Link to post
Share on other sites

A lot of it depends on the wording of a post; you can absolutely point out consequences for actions, and the law when it is appropriate. But if you say something like "I am not advocating fraud, but..." then that can be an issue.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

A lot of it depends on the wording of a post; you can absolutely point out consequences for actions, and the law when it is appropriate. But if you say something like "I am not advocating fraud, but..." then that can be an issue.

Please provide the appropriate wordings and I will use it.

If you can not provide the appropriate wordings, then the end results is that you are denying legal information to some people while providing it to others. Therefore, you are treating members differently which Ewok said is wrong.

My I suggest the following since it contains just the law;

"It is immigration fraud to enter the US on the VWP or a nonimmigrant visa with the intent to immigrate.

US laws does not allow a person who enters the US on the VWP or a nonimmigrant visa to adjust with one exception. Under Matter of Battista and Matter of Cavozos, USCIS can not deny the adjustment of an Immediate Relative of a USC when the person does not lie at the POE."

Nothing but the law. Would these wordings be acceptable to you? You can edit if you like.

Will you determine when it is appropriate to tell some people the law and when it is not appropriate to tell other people about the same law?

Edited by aaron2020

Share this post


Link to post
Share on other sites

I agree with the above.

Telling someone who is already in the US and successfully got past PoE that there is a legal precedent allowing them to adjust is one thing.

Telling someone who is outside of the US that basically entering with intent to adjust is naughty and can have serious consequences but if they get past the nasty man at the airport then they're perfectly fine can be seen as advocating and advising fraud.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Share this post


Link to post
Share on other sites
 

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×