Title 42 Expulsion during COVID-19 Pandemic

[JonasyAbe 0]

Hi, I want to start out this topic by asking some general questions and by supplying some of my general understandings of Title 42 and its possible impacts on beneficiaries of any immigration benefits (I-129F, I-130 etc.)

During the pandemic and generally starting in 2020, the Trump administration along with the CDC granted the enforcement of Title 42 Expulsions. Out of the 1.7 million encounters at the southern border in Fiscal Year 2021 1.04 million resulted in expulsions of single adults to the country of last transit, in most cases Mexico. Many of these asylum seekers were returned to Mexico, in some cases the very country that they were fleeing from. This policy, Title 42, is a public health mandate that grants the authority to Custom and Border Patrol to expel anyone entering the U.S. This policy had been extremely unfair to hundreds of thousands of individuals fleeing countries throughout Latin America. Essentially, individuals apprehended at the southern border ( entering without inspection in order to essentially turn themselves into CBP officials to have their claim for asylum to be heard are being immediately turned away. The process includes; collecting biometric information on all individuals (name, fingerprints, and photo)  and then subsequently transporting these asylum seekers back to the last country of transit. Here comes my first question,

1a.) What impact would having been fingerprinted and recorded by CBP have on the immigration process in the case for a K-1 visa or any visa? 

1b.) Does anyone know if being expelled under Title 42. makes an individual inadmissible? 

 

The impacts of Title 42 on receiving immigration benefits have yet to be felt in the immigration community, or at least the conversations have not started. This is why I want to get your opinion. If you know any immigration attorneys please tag them on this post. I would really like to see what you and professionals think about this current issue and its impact on receiving immigration benefits. 

 

Is it ok to file I-129F, wait to get approved, and in the meantime submit FOIAs to possible agencies of contact to see what records they have? What would need to be explained on the DS-160? Should anything be mentioned on the I-129F about previous encounters with CBP ( doesn't seem like it asks this sort of question).

 

Thanks, Abe

[Boiler 45,670]

Not many situations where a K1 would be a logical choice, now it does of course happen. Usually the better option would be to marry.

 

If he has a ban then a waiver is available.

 

Might be questioned a bit more about motivation, another good reason to marry and file.

 

Frivolous asylum claim, sounds like that would not be an issue here.

 

All I can think of.

[Crazy Cat 41,981]

23 minutes ago, JonasyAbe said:

Should anything be mentioned on the I-129F about previous encounters with CBP ( doesn't seem like it asks this sort of question).

Yes, I think it is asked on a DS-160....

BTW, Title 42 expulsions are continuing with the current administration. 

Edited March 6, 2022 by Crazy Cat

[JonasyAbe 0]

6 minutes ago, Boiler said:

Not many situations where a K1 would be a logical choice, now it does of course happen. Usually the better option would be to marry.

 

If he has a ban then a waiver is available.

 

Might be questioned a bit more about motivation, another good reason to marry and file.

 

Frivolous asylum claim, sounds like that would not be an issue here.

 

All I can think of.

He returned to El Salvador after a few failed attempts to be taken in by CBP. The conditions along southern border ore horrendous. Currently, we have no way to marry since he is back in El Salvador, that is why I sent in the I-129F.

[Crazy Cat 41,981]

1 minute ago, JonasyAbe said:

He returned to El Salvador after a few failed attempts to be taken in by CBP. The conditions along southern border ore horrendous. Currently, we have no way to marry since he is back in El Salvador, that is why I sent in the I-129F.

A few failed attempts?  How many times was he removed from the US?

[Boiler 45,670]

Just now, JonasyAbe said:

He returned to El Salvador after a few failed attempts to be taken in by CBP. The conditions along southern border ore horrendous. Currently, we have no way to marry since he is back in El Salvador, that is why I sent in the I-129F.

Is this somebody you have met?

Just now, Crazy Cat said:

A few failed attempts?  How many times was he removed from the US?

And what sort of attempts.

[arken 4,197]

Two questions in short on DS160.

 

1. Sought to enter unlawfully?- If your fiance entered without inspection, then Yes is the answer.

 

2.Removed or deported? That would be Yes as well.

Edited March 6, 2022 by arken

[JonasyAbe 0]

1 minute ago, Crazy Cat said:

A few failed attempts?  How many times was he removed from the US?

He presented himself without inspection at the southern border in order to seek asylum but everytime the entire group and him were returned to the mexican side of the border, without being asked any questions about why they were entering w/o inspection. typicallly you get asked a series of questions and the IO makes a decision on whether or not claim for asylum is credible, but during covid they are just rejecting everyone who crossed the border all treated the same , no matter if entering to avoid cbp or to purposefully have credible fear interview for asylum claim.

[JonasyAbe 0]

1 minute ago, JonasyAbe said:

He presented himself without inspection at the southern border in order to seek asylum but everytime the entire group and him were returned to the mexican side of the border, without being asked any questions about why they were entering w/o inspection. typicallly you get asked a series of questions and the IO makes a decision on whether or not claim for asylum is credible, but during covid they are just rejecting everyone who crossed the border all treated the same , no matter if entering to avoid cbp or to purposefully have credible fear interview for asylum claim.

his purpose was to turn himself into immigration to have his claim for asylum heard. he attempted 4 times but never was successful. 

[Boiler 45,670]

Seems odd he would have gone back to El Salvador, but do not think that will be relevant,

 

If he just turned up at the PoE and they sent him away that should not be an issue.

 

When did you last meet?

Edited March 6, 2022 by Boiler

[JonasyAbe 0]

8 minutes ago, Boiler said:

Is this somebody you have met?

And what sort of attempts.

yes, we met janurary 2021 I went to El Salvador for 2 weeks, then I returned in June 2021 and stayed a month and 1/2. We talk everyday. 

[Boiler 45,670]

You have met within the last 2 years, you can file a K1.

[JonasyAbe 0]

https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/title-8-and-title-42-statistics

[Crazy Cat 41,981]

13 minutes ago, JonasyAbe said:

https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/title-8-and-title-42-statistics

Perhaps you need to visit the current events forum.  The chart you referenced is irrelevant to K-1 procedures.  

[JeanneAdil 6,561]

1 hour ago, JonasyAbe said:

He presented himself without inspection at the southern border in order to seek asylum but everytime the entire group and him were returned to the mexican side of the border, without being asked any questions about why they were entering w/o inspection. typicallly you get asked a series of questions and the IO makes a decision on whether or not claim for asylum is credible, but during covid they are just rejecting everyone who crossed the border all treated the same , no matter if entering to avoid cbp or to purposefully have credible fear interview for asylum claim.

Reason for being turned away

 

  You can't apply for asylum from outside of the United States.