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