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Umka36

Eatery workers: Boycott Army base that called ICE on pizza delivery guy

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23 minutes ago, IDWAF said:

It’s Brooklyn, so I am pretty sure the bicycle reference is correct.  Or perhaps a moped.

 

But on that note, I never heard of Fort Hamilton in all my years of military service.  Had to look it up.  Guessing it is mostly DOD contractors on the post today.  Interesting little hidden treasure, though according to one article, it is a “well known” army base.

The guy does have on a bike helmet.  I never heard of it either 

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Filed: Citizen (apr) Country: Ecuador
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9 hours ago, elmcitymaven said:

I tried to access a copy of the petition [...]  I'm just making an educated guess.

I eagerly read this whole thing in expectation of seeing the word "tortfeasor," but, crushingly, my hopes were dashed.

Violative Maven!  Violative, VIOLATIVE Maven!

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Russia
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12 hours ago, elmcitymaven said:

The question is: does this man have a valid claim to have his I-485 adjudicated? If he does, and he is deported before it is adjudicated, the government will have not given him due process. No due process can give rise to a claim for violation of his civil rights, which can result in $$$$$$$$$$$ the government will have to pay. Now, if there were no I-485 on file, that would be a different story. But there is one, and he *might* be eligible to have it adjudicated -- we just don't know yet, hence the petition.

 

On a separate note, I think it's not that he was deported once before, and now is being deported again. If I'm reading what you posted correctly, he's an overstay and has been ordered removed. If that's the case, and he entered with inspection, then he really could have standing. Does he? Dunno.

 

We don't need additional laws here, but we do need to justly and consistently apply what is on the books. :) 

You are absolutely correct, of course he is due his due process rights with respect to the I485, but what are his lawyers telling him about the chances that this (the I485) will ever be approved.  What amazes me is that the family appears to be simply delaying what appears to be inevitable.  Will we see a new story in a few months of a crying wife at the airport after the I485 is rejected?  Most likely.    Time will tell.

 

I do have one other question though.  Since the deportation order was issued years ago prior to the I485 being submitted, how can the filing of a AOS now stall that order? 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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1 hour ago, Bill & Katya said:

You are absolutely correct, of course he is due his due process rights with respect to the I485, but what are his lawyers telling him about the chances that this (the I485) will ever be approved.  What amazes me is that the family appears to be simply delaying what appears to be inevitable.  Will we see a new story in a few months of a crying wife at the airport after the I485 is rejected?  Most likely.    Time will tell.

 

I do have one other question though.  Since the deportation order was issued years ago prior to the I485 being submitted, how can the filing of a AOS now stall that order?

It shouldnt be able to, IMO.  But don't forget what happened in recent cases where deported vets were able to come back after being here illegally for so many years before they were deported. Judges and courts are leaning in favor of illegals in spite of the law, it seems.

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My understanding is that a deportation order prior to marriage does not prevent successful adjudication of an I-485. There is, I believe, a higher burden on proving a bona fide marriage, and the circumstances surrounding the marriage. If there's a quick marriage after a deportation order; if the spouses aren't living together, or didn't know each other very long; etc. etc. The usual stuff we hear about in Stokes interviews.

 

The wrinkle is that applicants are now getting arrested at their AOS interviews on the deportation orders, where before they were not, regardless of whether the I-485 is approved. It's like these two processes -- AOS and deportation -- are running on separate tracks, so that even if you're approved, it's totally immaterial to an order of deportation. There's also no apparent rationale as to which people are getting deported during the process and which aren't, which gives rise to a question as to whether ICE are acting in an arbitrary and capricious manner in enforcing immigration law. I see a number of ways the current state of affairs could be challenged. Either people are eligible for AOS, and if their AOS is approved, they are not subject to deportation, or people under an order of deportation are not eligible for AOS. Lack of certainty is not a good thing. 

larissa-lima-says-who-is-against-the-que

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Filed: K-1 Visa Country: Wales
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Married with 2 children to a USC

 

Entered with Inspection.

 

So had opportunities but chose to ignore them.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 minute ago, Umka36 said:

We hear about this all the time on VJ about delaying/late filing the AOS from K1 for whatever reason.

8 years plus however long before they caught him adds up to a little more than the average delayed AOS

 

 

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Filed: Citizen (apr) Country: Russia
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15 hours ago, Boiler said:

Married with 2 children to a USC

 

Entered with Inspection.

 

So had opportunities but chose to ignore them.

 

 

That is just irresponsible.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Canada
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15 hours ago, Boiler said:

Married with 2 children to a USC

 

Entered with Inspection.

 

So had opportunities but chose to ignore them.

 

 

Interesting...I just read in an article this morning that he did enter illegally in 2008:

 

Villavicencio entered the United States illegally in 2008, in his mid-20s, according to the New York Times. He has committed no crimes since then, a spokeswoman for Immigration Customs and Enforcement told the newspaper, but an immigration judge ordered him to leave the country in 2010.

 

https://www.washingtonpost.com/news/post-nation/wp/2018/06/10/immigrant-arrested-while-delivering-pasta-to-military-base-will-get-to-stay-in-u-s-for-now/?noredirect=on&utm_term=.d8e5a6bf7c4e

 

I was holding out hope he'd at least entered legally with a tourist visa, or something....

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: K-1 Visa Country: Wales
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That makes much more sense.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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17 hours ago, Boiler said:

Married with 2 children to a USC

 

Entered with Inspection.

 

So had opportunities but chose to ignore them.

 

 

That's what got me as well when I initially heard this story. I was sitting here thinking "He has a USC wife so why hasn't he filed for AOS yet?".

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2 hours ago, Cyberfx1024 said:

That's what got me as well when I initially heard this story. I was sitting here thinking "He has a USC wife so why hasn't he filed for AOS yet?".

because I live here doesn't mean I need to follow the rules, with a job and access to benefits (I assume through his wife) he had the best of both worlds why be legal even if he had a legal path  

 

 

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15 minutes ago, Randyandyuni said:

because I live here doesn't mean I need to follow the rules, with a job and access to benefits (I assume through his wife) he had the best of both worlds why be legal even if he had a legal path  

Totally agree and it aggravates the hell out of my wife and I to no end.

 

We saw this a lot in California when trying to sign up for something like Pre-K for my child. According to them I was paid to much in 2017 to be given any kind of discount or break on the price, but the chart they went off of to disqualify me were from 2014. All the while I am a taking paying hard working person with a family of 4, but I can't get a break because we are legal and I am White(Non-Armenian). My wife had a friend that kept telling her to sign up for WIC and Food Stamps, and I had to keep telling her that I made to much for those programs. I was making $75k a year in Los Angeles with a family which meant expenses were tight but according to the state is I made to much for help, but not really enough to be comfortable in Los Angeles.

Edited by Cyberfx1024
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3 hours ago, Cyberfx1024 said:

That's what got me as well when I initially heard this story. I was sitting here thinking "He has a USC wife so why hasn't he filed for AOS yet?".

But we see this so many times on VJ you know? I have yet to understand it, but it seems common enough.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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