zuluweta

30 minutes ago, Ebunoluwa said:

Just because you have none doesn't mean it is not about feelings and human dignity.

Exactly. Talking to a right winger is like talking to a brick wall. 

4 hours ago, Leo7777 said:

Yes, it will hold up in court.  LPR's can be denied entry to USA.  Only USA citizens cannot be denied entry, but they can be detained, arrested and taken into custody.

 

Not only is it not a permanent ban on Muslims . . . it is NOT a ban on Muslims.

Do any realize that more Muslims live in Indonesia than any other country?

 

That is NOT what the judge ruled!

The ruling was that persons could not be immediately deported.

They could  still be held and deported later.

 

But, as I understand it . . . despite the hysteria . . . there were only 100-200 people detained, out of 325,000 who entered USA on Saturday . . . and all but 12 of them are now released into USA.

 

I (and probably many here) have been delayed in reaching my destination by several days due to weather, mechanical problems, strikes at airports, etc.  But thousands of people did not turn out to protest my delay.

Was your first world inconvenience of a flight delay directly due to official government policy? I don't think so. 

 

Moreover, a flight delay is not equivalent to someone being prevented from getting on a flight based on someone's nationality (despite having a valid visa or a green card).

 

There is a big difference why many protested the immigration bans versus almost none for your flight delay.

2 minutes ago, NuestraUnion said:

Overstayed on tourist visa?

 

Regardless, he has a 10 year ban. The petition will get denied and waivers will need to be filed.  A lawyer will best be needed. Will be a long and somewhat expensive process.

The person overstayed a visa and is currently doing AOS. He is in the U.S. and the 10-year ban does not apply since he's married to a U.S. Citizen.

15 minutes ago, yuna628 said:

The ACLU has just won a stay. Don't know if it's only for NY or nationwide. Details pending.

 

(edit) the stay is national!

Excellent news if true! You have a link to the story?

5 minutes ago, Renegade said:

Yes we are gay couple. But I don't quite understand your post, can you elaborate?

Trump considers LGBT rights as an American value that is protected. That's why extreme vetting for Muslim immigrants in particular allegedly includes asking them what their attitudes are regarding LGBTs. In other words, you shouldn't worry much because Trump himself is an LGBT rights supporter (for the most part).

36 minutes ago, Renegade said:

Oh my God, I really hope he will not touch LGBT people. :((

why, are you a same-sex couple? Trump's instructions for 'extreme vetting' allegedly includes vetting Muslim immigrants whether they share America's values regarding LGBT people, so it seems to me that he considers LGBT rights as an American value. 

Call the ACLU. 

I had plans to travel this year but with the latest news about GC holders being denied entry to the U.S.  by CBP, I'll just wait until I get US citizenship (hopefully later this year). This whole 'extreme vetting' is bonkers!

What do you mean create an account? Did you create an account when checking status updates during AOS? I don't recall creating an account then but I may be mistaken

What's the website where we can check our ROC status? Also, do we input the receipt number on the I-797 NOA (extension letter) or the receipt number on the biometric appointment letter? Thanks for any reply.

Any updates for anybody? 

Happy New Year 2017!

@zuluweta

I was just asked to switch my phone off..that's it

They didn't check it but asked me if I was carrying a phone..

They just looked at my green card..appointment letter..

Asked me to fill a form out..then called me for the fingerprints and photograph..put a stamp on my appointment letter and you are supposed to take the stamped appointment letter with you as proof that you've attended the biometrics..

I was out in about 15min!

Where are we supposed to take the stamped appointment letter as proof?

Re-re-re-re-restating the obvious.

A more realistic concern in the meantime ought to be whether Obama will try to offer any kind of amnesty or "pardon" to illegal aliens, or again set back the processing of ongoing immigration petitions as occurred after his DACA decree:

http://www.visajourney.com/forums/topic/421247-i-129f-delay-at-the-csc-a-comprehensive-analysis-of-the-data/

What a kick in the teeth either would be to everyone who's going through (or who has gone through) the legal-immigration process.

If Obama tries to issue blanket pardons for groups of illegal aliens, or all of them, we might reasonably expect the legality of those pardons to be challenged (and reversed) by President Trump.

Obama should be challenged in the courts if he oversteps his executive powers and tries to do anything (including pardoning the illegal entries of these people) to legalize these DACA beneficiaries.

Amnesty to these people is a slap to the face of those of us who went through the legal immigration process.

Hypnos is spot on. The cleanest way will be for her to file a CR1 visa for you unless you want to risk being in the U.S. unlawfully for almost a year till your wife turns 18. Not worth the risk considering you can still visit while the CR1 process is going on. You'll just need to show ties to Australia to CBP upon admission to make sure you won't stay longer than admitted. It'll take a year for the process to finish, so you can get an immigrant visa overseas and enter as a permanent resident.

Best advice in this thread.

VWP does allow you to adjust status if you came into the US without the intent to marry but decided to marry. I paid $100 to have a consultation with a lawyer and this is what she said, it is legal to do so. She had people that were in her cases that she was overseeing that did this, I have a friend that did this, its not illegal.

Going out of status, I don't know about that but you would think that if they didn't want you going out of status then for the k1 visa they would put some clause in the fine print somewhere in the process that you must marry and send adjust status paperwork with 30 days remaining on your visa or something like that but they don't do that.

LPR's are deportable as well depending on what they do in the United States.

I'm not saying USCIS does not allow adjustment of status or visa overstayers. I'm saying this forum's terms of service does not condone advice to commit illegal activity. Telling the original poster to overstay his I-94 on VWP is telling someone to commit illegal activity. That is against the terms of service of this forum.

Yes, LPRs are deportable depending on whether they have a criminal record that makes them deportable. What does this have to do with telling someone to overstay their I-94?

And yet every day advice is given to people on here that it doesn't matter when you AOS from a K-1 and being out of status doesn't matter. How is that any different. The reason its said is because you are married to a US citizen you are eligible to AOS at any time and that would be USCIS response if you were detained. The chances of deportation are very very low.

Anyway said my piece and made my points so I'm out of this thread now.

To emphaise the answer to the OP question

Adjusting status while on VWP - will we encounter issues?

No. This is a perfectly legal and valid route to go regardless of any delay in filing

K-1 is dual intent. There is immigrant intent. VWP is not. And a K-1 visa holder who does not file AOS before the I-94 expires is technically deportable. No difference there with someone who entered on VWP then decides to overstay the I-94 expiration date but hasn't filed for AOS. Both are deportable.

Except its NOT breaking immigration law. Being married to a US citizen means going out of status and the doing AOS is perfectly valid.

I came on a K-1 and got married and as my AOS hasn't been sorted yet and my I-94 has expired I'm out of status. Should I go home?

If you have filed AOS, you should have received or will be receiving a notice which indicates you are in a period of authorized stay. That is the opposite of being out of status. If your I-94 is expired and you have not filed for AOS, technically, you are deportable. Whether you should go home is a decision that's solely up to you.

From the TOS

VisaJourney does not condone immigration fraud in any way, shape or manner. VisaJourney 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.

What he is doing is NOT immigration fraud and any way, shape or manner. He came with no immigration intent. He is married to a US citizen and is eligible to AOS. Not immigration fraud as far as I can see.

Going out of status on purpose is illegal activity.

He had no intent to marry when he came in, so he hasn't broken any laws. Yes, I'm telling him he CAN overstay, and he CAN apply for AOS off an overstayed VWP because he came into the country legally, but we also tell people every day that there is no timeline to AOS from a K-1 visa, which is telling people to overstay. This is common knowledge on the forums.

I'm not debating what USCIS allows for AOS or what is legal per USCIS. I'm bringing up the terms of service of this forum that disallows giving advice to people who come to the U.S. on temporary visas (specially visa waiver and tourist visas) to break the law and go out of status then wait for an immigration benefit. And just a slight differentiation between K-1 and VWP, K-1 is dual intent. CBP assumes the K-1 visa entrant will be adjusting status which is not the case with VWP.

When you are in the United States, adjustment of status is a totally legal process offered by USCIS to stay and get permanent residence.

Except the U.S. Citizen is a minor and cannot even file papers right now. Suggesting to the foreigner to go out of status and wait till the petitioner is of age is still giving advice to break current immigration law. This advice to break immigration law is disallowed in this forum's terms of service, as far as I know.

^I don't believe the terms of service of this website allow giving advice to people to break immigration law.

So sorry for late reply! I just took my green card and the biometrics letter.

OK, got my biometrics done Nov 10. I showed my state ID and appointment letter. Then they gave me a form to fill out and a ticket number. After several minutes, my number got called again and was asked to show expired GC, ticket number, form that was filled out, bio appointment and then did the biometrics procedure.

It was at LAX. No explanation was given for keeping the card. We have an appointment on Infopass on 11-29.

May I know what you did to get an Infopass appointment? I might need to get an I-551 stamp if we decide to travel to Mexico in January. I have expired conditional GC and 1-year extension letter.

I'm actually married to a LPR. I'm thinking about when to enter US.

Get your immigrant visa now and wait after your second anniversary of date of marriage to enter the US. That way, you will get a 10-year green card instead of a 2-year conditional green card, for which you need to undergo another process to remove conditions to obtain a 10-year green card.

It would mean less expense and less hassle regarding your immigration green card if you enter the US after 2-year marriage anniversary.

You're right, the registry is not new. What's new is the current political climate and Trump's recent statement regarding the legality of Japanese internment camps, suggesting that Muslim internment camps would also be legal.

And it should be noted that under the Bush registry, no one was ever arrested for terrorist-related activity.

I'm not sure if no one was ever arrested for terrorist-related activity under the Bush registry for muslims. Thousands got deported using that registry though. (most probably for immigration violations)

Someone who's a muslim who is legally present in the US, hasn't committed any crimes and is not engaged in terrorist activity or anything that can be construed as lending support to terrorist organizations shouldn't have anything to worry about with regards to deportation.

As for behavior by individual Americans towards muslim immigrants, that's a different story. Also, the US government can and may engage in systematic discrimination towards muslims by curtailing visas and making security checks much more difficult to pass.

Regarding your statement on muslim internment camps, I predict civil rights organizations (the ACLU being one) will be chomping at the bit to have a go at the Trump administration if any such proposal comes to fruition.