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sompsyth

What's happening with individuals on authorized stay getting detained/arrested at USCIS during their AOS interview?

By sompsyth in Current Events and Hot Social Topics

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sompsyth Rookie

sompsyth   2

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Based on a few Reddit posts and anecdotal experiences from a few in the comment section that I have read so far, these people came here legally and the AOS petition was timely filed before the visa expiry, they are in an authorized stay (without legal status) and are getting detained at USCIS during their interview. 

 

There are several reports about this in the local news media from San Diego and San Fransisco. 

 

Any thoughts on this? So are we all going to agree that it was never about "legal immigration"?

TBoneTX Grand Master

TBoneTX   48,530

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Filed: Citizen (apr) Country: Ecuador
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Posted

Thread is moved from the "AOS from WS&T Visas" forum to the Current Events forum, where political topics are discussed.

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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

Ban Hammer Grand Master

Ban Hammer   14,703

Posted
Filed: Citizen (apr) Country: Brazil
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Posted
59 minutes ago, sompsyth said:

Based on a few Reddit posts and anecdotal experiences from a few in the comment section that I have read so far, these people came here legally and the AOS petition was timely filed before the visa expiry, they are in an authorized stay (without legal status) and are getting detained at USCIS during their interview. 

 

There are several reports about this in the local news media from San Diego and San Fransisco. 

 

Any thoughts on this? So are we all going to agree that it was never about "legal immigration"?

until said news links are provided, it's rather difficult to weigh in on.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

speedster Explorer

speedster   27

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Timeline
Posted
12 minutes ago, Ban Hammer said:

until said news links are provided, it's rather difficult to weigh in on.

https://www.cbs8.com/article/news/local/more-san-diego-immigration-attorneys-report-client-detentions-at-uscis-interviews/509-8b89ba49-d7e6-4af2-b505-725958c08eb4

 

Here's one, I've been hearing the same as well, which concerns me too.

When life gives you lemons, cut some onions so you can cry.

Ban Hammer Grand Master

Ban Hammer   14,703

Posted
Filed: Citizen (apr) Country: Brazil
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Posted
1 hour ago, speedster said:

https://www.cbs8.com/article/news/local/more-san-diego-immigration-attorneys-report-client-detentions-at-uscis-interviews/509-8b89ba49-d7e6-4af2-b505-725958c08eb4

 

Here's one, I've been hearing the same as well, which concerns me too.


"None of my clients have any arrests or criminal history that are in this situation. These are just cases where they entered legally, they overstayed their visa, all of my cases right now are people that have been married to U.S. citizens, so these are spouses of U.S. citizens that are going through the normal process, the normal channels, and they're being taken into custody," Nasseri said.

the above sounds like they came on a tourist visa, overstayed, got married - and are now being deported.




 

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

TBoneTX Grand Master

TBoneTX   48,530

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
3 minutes ago, Ban Hammer said:

they came on a tourist visa, overstayed, got married - and are now being deported

I don't think that this is much more unusual that what's routinely been happening for years.  Maybe it's getting more press now because "if it bleeds, it leads" and the media are trying to needle the current administration.

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(!).

speedster Explorer

speedster   27

Posted
Timeline
Posted
39 minutes ago, Ban Hammer said:


"None of my clients have any arrests or criminal history that are in this situation. These are just cases where they entered legally, they overstayed their visa, all of my cases right now are people that have been married to U.S. citizens, so these are spouses of U.S. citizens that are going through the normal process, the normal channels, and they're being taken into custody," Nasseri said.

the above sounds like they came on a tourist visa, overstayed, got married - and are now being deported.




 

 

 

52 minutes ago, TBoneTX said:

I don't think that this is much more unusual that what's routinely been happening for years.  Maybe it's getting more press now because "if it bleeds, it leads" and the media are trying to needle the current administration.


I mean then you have this too: https://www.themirror.com/news/us-news/british-woman-arrested-ice-holding-1524192

Detaining AOS from visitor overstay with no criminal record? Married to a USC and not a fraud marriage why detain if they can get approved?
What's the difference now? 

When life gives you lemons, cut some onions so you can cry.

Boiler Grand Master

Boiler   48,240

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I am intrigued to know the full story, if anyone has a link please post.

 

And for some reason her Mother reminds me of Wallace?

“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.”

TBoneTX Grand Master

TBoneTX   48,530

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)
1 hour ago, speedster said:

https://www.themirror.com/news/us-news/british-woman-arrested-ice-holding-1524192

Hmm.  The article says "During the appointment..." and "they were getting everything signed off."  Was she getting signed in?  Was she in her actual interview?  Was she getting signed out after the interview?  If the first, perhaps she's still technically detainable and deportable; if either of the latter, it would seem that she'd be under the USCIS umbrella.

Edited by TBoneTX

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(!).

speedster Explorer

speedster   27

Posted
Timeline
Posted
7 minutes ago, TBoneTX said:

Hmm.  The article says "During the appointment..." and "they were getting everything signed off."  Was she getting signed in?  Was she in her actual interview?  Was she getting signed out after the interview?  If the first, perhaps she's still technically detainable and deportable; if either of the latter, it would seem that she'd be under the USCIS umbrella.

 

Well it says during the appointment so assumingly during the AOS interview itself signing off paperwork, but who knows why USCIS finds it necessary to pass off to ICE for and AOS that is non-issue.

The CBS article states what this lawyer, "None of my clients have any arrests or criminal history that are in this situation. These are just cases where they entered legally, they overstayed their visa, all of my cases right now are people that have been married to U.S. citizens, so these are spouses of U.S. citizens that are going through the normal process, the normal channels, and they're being taken into custody,"

When life gives you lemons, cut some onions so you can cry.

TBoneTX Grand Master

TBoneTX   48,530

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
1 hour ago, speedster said:

they overstayed their visa

Regarding visa overstays, I wonder what the precise letter of the law is regarding deportability.

1 hour ago, speedster said:

"[...] so these are spouses of U.S. citizens that are going through the normal process, the normal channels, and they're being taken into custody."

Makes one wonder whether ICE is under pressure (or order) for numbers, because people visiting USCIS offices are metaphorically low-hanging fruit and probably not who ordinary Americans would prioritize for deportation.

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(!).

speedster Explorer

speedster   27

Posted
Timeline
Posted
3 minutes ago, TBoneTX said:

Regarding visa overstays, I wonder what the precise letter of the law is regarding deportability.

Makes one wonder whether ICE is under pressure (or order) for numbers, because people visiting USCIS offices are metaphorically low-hanging fruit and probably not who ordinary Americans would prioritize for deportation.

What's the next steps for situations like these, honestly? Makes me concerned as well.

When life gives you lemons, cut some onions so you can cry.

TBoneTX Grand Master

TBoneTX   48,530

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
1 hour ago, speedster said:

What's the next steps for situations like these, honestly? Makes me concerned as well.

"Call a lawyer," perhaps.

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(!).

Ban Hammer Grand Master

Ban Hammer   14,703

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
4 hours ago, speedster said:

 

 


I mean then you have this too: https://www.themirror.com/news/us-news/british-woman-arrested-ice-holding-1524192

Detaining AOS from visitor overstay with no criminal record? Married to a USC and not a fraud marriage why detain if they can get approved?
What's the difference now? 

my thoughts are what she stated to cbp upon entry.........

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

TBoneTX Grand Master

TBoneTX   48,530

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)
3 minutes ago, Ban Hammer said:

my thoughts are what she stated to cbp upon entry.........

Aha -- the "change of mind at baggage claim."

Edited by TBoneTX

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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