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rouguewave

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  1. Like
    rouguewave got a reaction from JadeyHexed in Responsibility to expired K1 visa holder (ex-fiance)   
    Please read the referenced website carefully. Not a hater. Just want you to be informed.
    http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01907.htm
    1907 Title 8, U.S.C. § 1324(a) Offenses Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
    Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.
    Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.
    Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.
    Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
    Unit of Prosecution -- With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.
    Knowledge -- Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.
    Penalties -- The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.
  2. Like
    rouguewave got a reaction from user19000 in Obtain proof of Spouse's status   
    Fascinated lurker here. I, for one, appreciate the on-going entertainment and stimulated examination of issues you're providing here, SD.
    Absolutely not off-topic, IMHO. Spot on to your desired outcome, unless you know (or have a clue as to) the intermediate results.
    "Arduous Paternity procedure"? You swabbed, children swabbed, sent to DNA lab, results come back, open envelope, BINGO! Daddy! From that moment on, you're fighting the battle from your desired position: rightfull caretaker, biological originator, of 2 USC children. Now THATs added value!
    Downside risk? For all your controlling, blustering, knowledgable navigation of the various processes, procedures, and requirements of the Agencies that you deal with, I suspect that any determination of the USCIS as to YOUR disposition would trump what any NY (city, county, or state) Agency might decide.
    In other words, you have a vested interest in not knowing the outcome, if the outcome might not be in your best interest. It could mean that you get an invitation to leave and have NO chance to hang onto what have clearly been your focal point in the life you've created here.
  3. Like
    rouguewave got a reaction from Miss M in Obtain proof of Spouse's status   
    Fascinated lurker here. I, for one, appreciate the on-going entertainment and stimulated examination of issues you're providing here, SD.
    Absolutely not off-topic, IMHO. Spot on to your desired outcome, unless you know (or have a clue as to) the intermediate results.
    "Arduous Paternity procedure"? You swabbed, children swabbed, sent to DNA lab, results come back, open envelope, BINGO! Daddy! From that moment on, you're fighting the battle from your desired position: rightfull caretaker, biological originator, of 2 USC children. Now THATs added value!
    Downside risk? For all your controlling, blustering, knowledgable navigation of the various processes, procedures, and requirements of the Agencies that you deal with, I suspect that any determination of the USCIS as to YOUR disposition would trump what any NY (city, county, or state) Agency might decide.
    In other words, you have a vested interest in not knowing the outcome, if the outcome might not be in your best interest. It could mean that you get an invitation to leave and have NO chance to hang onto what have clearly been your focal point in the life you've created here.
  4. Like
    rouguewave got a reaction from Knope2012 in Obtain proof of Spouse's status   
    Fascinated lurker here. I, for one, appreciate the on-going entertainment and stimulated examination of issues you're providing here, SD.
    Absolutely not off-topic, IMHO. Spot on to your desired outcome, unless you know (or have a clue as to) the intermediate results.
    "Arduous Paternity procedure"? You swabbed, children swabbed, sent to DNA lab, results come back, open envelope, BINGO! Daddy! From that moment on, you're fighting the battle from your desired position: rightfull caretaker, biological originator, of 2 USC children. Now THATs added value!
    Downside risk? For all your controlling, blustering, knowledgable navigation of the various processes, procedures, and requirements of the Agencies that you deal with, I suspect that any determination of the USCIS as to YOUR disposition would trump what any NY (city, county, or state) Agency might decide.
    In other words, you have a vested interest in not knowing the outcome, if the outcome might not be in your best interest. It could mean that you get an invitation to leave and have NO chance to hang onto what have clearly been your focal point in the life you've created here.
  5. Like
    rouguewave got a reaction from TBoneTX in Obtain proof of Spouse's status   
    Fascinated lurker here. I, for one, appreciate the on-going entertainment and stimulated examination of issues you're providing here, SD.
    Absolutely not off-topic, IMHO. Spot on to your desired outcome, unless you know (or have a clue as to) the intermediate results.
    "Arduous Paternity procedure"? You swabbed, children swabbed, sent to DNA lab, results come back, open envelope, BINGO! Daddy! From that moment on, you're fighting the battle from your desired position: rightfull caretaker, biological originator, of 2 USC children. Now THATs added value!
    Downside risk? For all your controlling, blustering, knowledgable navigation of the various processes, procedures, and requirements of the Agencies that you deal with, I suspect that any determination of the USCIS as to YOUR disposition would trump what any NY (city, county, or state) Agency might decide.
    In other words, you have a vested interest in not knowing the outcome, if the outcome might not be in your best interest. It could mean that you get an invitation to leave and have NO chance to hang onto what have clearly been your focal point in the life you've created here.
  6. Like
    rouguewave got a reaction from BethandBilly in Obtain proof of Spouse's status   
    Fascinated lurker here. I, for one, appreciate the on-going entertainment and stimulated examination of issues you're providing here, SD.
    Absolutely not off-topic, IMHO. Spot on to your desired outcome, unless you know (or have a clue as to) the intermediate results.
    "Arduous Paternity procedure"? You swabbed, children swabbed, sent to DNA lab, results come back, open envelope, BINGO! Daddy! From that moment on, you're fighting the battle from your desired position: rightfull caretaker, biological originator, of 2 USC children. Now THATs added value!
    Downside risk? For all your controlling, blustering, knowledgable navigation of the various processes, procedures, and requirements of the Agencies that you deal with, I suspect that any determination of the USCIS as to YOUR disposition would trump what any NY (city, county, or state) Agency might decide.
    In other words, you have a vested interest in not knowing the outcome, if the outcome might not be in your best interest. It could mean that you get an invitation to leave and have NO chance to hang onto what have clearly been your focal point in the life you've created here.
  7. Like
    rouguewave got a reaction from ajigglin in Want to try to track your paperwork from NVC to the Embassy?   
    Nope. Dec 3 would be your starting point. You can move forward or backward from there. First thing you need to know is the date your application was shipped from NVC. If you call them, they will usually tell you. All you need is a confident date when it shipped from their facility.
    Then if you access the DHL website, select Track by Reference, and enter that date in the form 'EXP 03 DEC 2007A'. Just like you, when I entered Dec 3, it said No shipments found. But when I changed the date to 'EXP 04 DEC 2007A' then I saw that this reference was used on a whole BUNCH of packages that left on Dec 5. I'm guessing they use the Reference number for internal tracking purposes. If NVC did tell you Dec 3, then I don't know what to say. This is not a solid method for exactly tracking YOUR visa on its journey I'm suggesting here. It depends on the truth (from NVC), beauracracy, and procedures (deduced from NVC) as well as IT (thanks to DHL).
    So, you need to call NVC and ask them when it shipped. If they say "Dec 5" or "Dec 4" then you're probably in the batch that just left and its on its way to your favorite embassy. If they don't tell you it shipped, or they don't tell you when it shipped then you won't be able to track it. Even if they DO tell you when it shipped, there is no guarentee here. Like I said in the beginning, this isn't an exact science.
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