Linkin

Poster! you gotta listen to Nich-Nick....

She's just right!

Thats my opinion which also make sense, as long as your wife (USC) income is above the poverty line, USCIS won't bother asking how many kids ur wife have from prior marriage, I also have 5 years old child from my wife's prior marriage and we didn't even mention it nor USCIS asked us about it.

there isn't anything to do with ur wife's son from prior relationship, whether you showed him on papers or not.

But if it realy bothers you, then make an Info pass app and clear this thing before USCIS before your interview comes or, make it clear in your Interview. Not a big deal from my point of view, and there is no way gettin' your application denied so chill out.

I need to ask you something, who has the custody of the child? your wife or her X...?

Again, thats my opinion

Good Luck in your Interview!

Hey everyone,

I just filed for I485. I 130, 1 765 on may 19th and have an interview scheduled on september 17th...got the ead a month ago on august 14th...

anyways i was getting all the docs ready...rental lease, joint bank account, joint phone bill, electric bill, life insurance, joint car title and joint automobile insurance....i was looking over the intial forms and realized our ####### head lawyer forgot to list my wife (USC)'s son from a prior relationship....

I have no idea what to do ...will USCIS deny my application because of this mistake...how can I rectify it...my lawyer helped with all the paperwork but I realized this mistake just a day ago and cant get in touch with him?...

all input is appreciated

I am not going negative to anyone's opinion but asking to cooperate with the law. Thats it

Becuase i follow the laws as hard as you do, and know my rights either

Thinking carefully and implementing rights are two different thing. Ppl here who are talking about their consitutional rights, tell me how many times in your life you have excersied them. Do you only care about these rights in action when it comes to Immigration. Wowww. I am wondering what philosphy you guys carryin around. I can assure you, you can't even resist them to stop entering your house..

Say only those things you can do my friend..

Sir. This is for you too...

thx for sharing your thoughts! This is what i have been trying to explain to this fine guy...asking for consitutional rights is perfectly fine but with Immi laws, you have to be more flexible. You realy never know whats ahead waiting for you...Again ask for the rights is somewhat differnet but sometimes when certain things go wrong, you need to mould yourself especially if you are dealing with Immigration laws...

"Asking for your constitution rights is fine, but..." That's the most absurd thing ever uttered. Your assertion that you should only exercise your constitutional rights in certain situations is a dangerous one indeed. Think about the implications of this. Think carefully. Very carefully.

thx for sharing your thoughts! This is what i have been trying to explain to this fine guy...asking for consitutional rights is perfectly fine but with Immi laws, you have to be more flexible. You realy never know whats ahead waiting for you...Again ask for the rights is somewhat differnet but sometimes when certain things go wrong, you need to mould yourself especially if you are dealing with Immigration laws...

I completely agree with TBoneTx. However, I will admit that before reading this thread and not knowing the legal situation in the US on searches like that, I would also have let them in, feeling that we have nothing to hide. Being better informed now, I would not want to let them in without warrant and attorney present, but I still wonder what will happen if we deny their request? Will this cause problems that we most likely wouldn't have had if we had let them check our living situation?

I'll admit that I don't really expect a home visit at all, given that we have been in a relationship for almost four years, have lived together in the US already in the past while I was on another visa, and with me being from a country just as prosperous as the US and having given up a good job to come here... but who knows, maybe they pull this off on people with zero red flags as well. So what do you think will happen in practice if we insist on our constitutional rights? Will we then actually need an attorney?

Na alles klar, kannst du auch sprechen deutsch!????

I completely agree with TBoneTx. However, I will admit that before reading this thread and not knowing the legal situation in the US on searches like that, I would also have let them in, feeling that we have nothing to hide. Being better informed now, I would not want to let them in without warrant and attorney present, but I still wonder what will happen if we deny their request? Will this cause problems that we most likely wouldn't have had if we had let them check our living situation?

I'll admit that I don't really expect a home visit at all, given that we have been in a relationship for almost four years, have lived together in the US already in the past while I was on another visa, and with me being from a country just as prosperous as the US and having given up a good job to come here... but who knows, maybe they pull this off on people with zero red flags as well. So what do you think will happen in practice if we insist on our constitutional rights? Will we then actually need an attorney?

LOL now you are on written english...I am amazed that you can't stop talking even its useless..

btw, you said YOu dont like talking to walls LOL

...

I don't think I would want to base my future in the US on the "common sense" of someone not versed in immigration or criminal law.

Or on someone's appalling lack of basic Constitutional knowledge, or (worse) on someone's blatant recommendation that our Constitutional rights be blithely and automatically surrendered. Does this person -- or his/her fiance(e) -- really want to become a U.S. citizen and remain so ignorant of the foundation of our country, not to mention remain so incomprehensible in written English?

so Don't be a wall my friend....but you will be like one of those if god forbit ICE would ever turn up at your doorstep and then you will let them pass freely into your house. :)LOL

but with most respect! stop being so smart if you ever encounter ICE or any law enforcment team

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation. First of all, always remember, you are not required to talk to the police.

And none of us are required to keep talking to a wall, either.

Sir was mean to say as i did say NO to ask

btw did you find out what's that offense and who should deal you if you are watching pirated movies. Dont say ICE should be knocking your Door

Uh he didn't say that you said it was wrong to say no.............

Sir Go through with the post I made, When did I say its wrong to say NO, but why would you say no if you are all clean...Infact noone over here would do that when they come in my dear friend. You will be all quite like one frozen human and let them come in...

1/100 may ask for the warrant....

Welcome to the real world of laws...

When a law enforcement officer knocks on your door and ask for entry, you have the legal right to say no. This includes federal law enforcement officers like ICE. If you exercise your rights they cannot hold this against you in any way. If you voluntarily give up that right, and allow them to enter with your permission, they can do anything they want, search anywhere they want, seize anything they want, and ARREST you based on suspicion of what they find. It doesn't matter how innocent you believe you might be. Anything they find can be misconstrued or interpreted any way they want. Got a picture of your 3 year old daughter playing in the bath tub? You could be arrested for child pornography.

If they are intent on searching your home then they will wait in front of your house, watching everyone who comes and goes, until they get confirmation of a telephonic warrant. This can take as little as 1/2 hour to get. In the meantime, get an attorney to your home ASAP! Unlike the situation where you voluntarily let them in, a warrant will specifically state what they are allowed to look for, and the attorney will make sure they don't overstep their authority. What they are permitted to do with a warrant is restricted. What they are permitted to do if you allow them in is not.

Nice copy and paste! seems like you aren't even sure whatever you are saying thats why you had to checked something on laws website.

I am not lawyer and everyone over here didn't do Phd in Immi laws but still they use common sense and spread the info they have as per their experiences. No matter Immi guys or Police they are almost same, one protects criminal activities and other holds their hands to stop ILLegal immigration activities. My point from start to end was very simple, to let them in if the happen to come ur place. You guys are asking ppl to dig more to halt them at the door by saying "Show me your warrant"...For you its good enough that they show you their badges. so pass them in. NOw whatever you said in your copy and paste thing is irrelvent for this post that original poster made...didn't you see what he did...just simply let them passed in...he's wise that's why he did that ....you can even read hundreds of stories here that ppl were in the same boat and they did the same what this Wise fella

keep doing your research....I liked that

did

In theory if you happen to have a pirated film playing on your computer when they entered that could be passed on

Reinforcing the earlier points that anything that they observe (or that you say) can be used against you.

Regarding being "practicle" (Linkin, can you not spell, either?): This excerpt from a criminal-defense attorney's website was illuminating to me. I have consulted personally with this attorney, and he said that if we substitute "Federal agent" for "police officer," the advice still stands. The boldface was added by me, for emphasis. Linkin, if you consider him incorrect or a liar, or if you think that you know better, contact him directly.

From: http://www.attorneyforfreedom.com/articles...onal-rights.htm

Don't be your Own Worst Enemy!

by Marc J. Victor, Phoenix Criminal Attorney

I cringe to think how many times clients come into my office to discuss their criminal matter with me only to learn they have done possibly irreparable damage to their case. I have found few people who are aware of their constitutional rights.

Your awareness of some simple concepts may serve you well in the event you or a loved one is the unfortunate subject of a criminal investigation. First of all, always remember, you are not required to talk to the police. There may be occasions where your persuasive oral skills will serve to get you a stern warning instead of a costly ticket; however, talking with the police will rarely benefit you when the investigation is for a crime.

In addition, talking to friends and family about your criminal matter is usually not a good idea either. Although you do not expect a friend or family member to compromise your case, you may put him or her in an unfair position. A prosecutor may summon your family member or friend to the witness stand in a criminal trial and ask questions about your statements. Such a dilemma will force your family member or friend to decide between perjury and possibly hurting your case.

Don't get caught up by the fact that the police officer failed to inform you of your "Miranda Rights." These are your rights to remain silent and to have an attorney present during questioning. So long as you are not under "arrest" the police officer may properly ask you questions without informing you of these rights.

You are never required to consent to a search. If a police officer has a search warrant, you must permit the search. However, if a search warrant has not yet been obtained, you should insist the officer obtain one before you voluntarily allow a search. The fact that you insist upon a search warrant does not mean you have something to hide. Rather, it is a confirmation of the constitutional concept that police do not have the right to arbitrarily conduct searches of your property.

A police officer has no right to detain you unless there exists reasonable suspicion that you committed a crime or traffic violation. However, a police officer is always allowed to initiate a voluntary conversation with you. Sometimes it is unclear whether or not a person is detained. If you are in doubt, you should ask the police officer if you are in fact free to leave. [more...] [end of excerpt]

playing Pirated film on computer isn't violation of status and not disturbing your 100% bonafide relationship my friend...

Sir what are you talking about?

Working for one (without EAD), I've seen many people don't know the rules from what i've seen on this site.

Regarding the relationship, what if the OP's husband had been on a long business trip and didn't have things like a toothbrush or dirty clothes in the house? What if its the middle of the day and a male friend was over etc. Those type of things can cause the situation to go down hill fast.

In theory if you happen to have a pirated film playing on your computer when they entered that could be passed on etc.

What if you have a letter from an EX on the table.

whatever you said leads to one dodgy relationship like having EX letter on the table, you deserve to get busted by ICE PPL

working without EAD is violation of status and definitly they will get to know it my friend not by sneakin' into your house but may be by someone who loves to report ILLegal activities, they will kick your door out to grab you outside. so dont giv them such looser excuses DO YOU HAVE WARRANT LOL.

if your husband is on business trip, you have plenty of ways to show them that he's realy on

Working for one (without EAD), I've seen many people don't know the rules from what i've seen on this site.

Regarding the relationship, what if the OP's husband had been on a long business trip and didn't have things like a toothbrush or dirty clothes in the house? What if its the middle of the day and a male friend was over etc. Those type of things can cause the situation to go down hill fast.

In theory if you happen to have a pirated film playing on your computer when they entered that could be passed on etc.

What if you have a letter from an EX on the table.

your head would only be down or you are scary in only those condtions if you are on fault, a happy married having 100% bonafide relationship wouldn't do that but will be pleased to give them answers of any questions asked, you are now going way far that's not even exist. Btw its not mind reader philosphy but a simple step to take when you find yourself in such situation. I would bet 97% ppl here would do the same by letting them to enter even YOU my friend . Like i said earlier its easy said then done. I dont have any idea why you wanna bother your fingers to type those things that you can't even do in real life. I bet you would be calling me the following morning saying hey, they came, checked and gone. But then I would like to hear these statments where was your lawyer that time . Sir wake up and be practicle...

I am pretty much sure, doing that wouldn't harm you

You are "pretty much sure"? Multiple attorneys are 100% sure that there is never, ever ANY benefit to you of allowing a consensual search -- anytime, anywhere!

my idiology about this matter.

You have come refreshingly close to describing the wisdom of following your advice.

Now a wiser could tell, why one wouldn't allow them to come in If he/she is in dodgy relationship.

Precisely because YOU are not a mind-reader. YOU may think that YOU are telling and showing them perfectly innocent evidence that will send them away satisfied, but YOU can never have ANY idea of how THEY will perceive what you are showing and saying. Anyone who innocently follows your advice and finds himself in hot water -- that takes years and thousands of dollars to get out of -- has reaped what he has sown.

Furthermore, if you allow them entry and you do something as innocent-seeming as putting your hand into your pocket, they can throw you against the wall, handcuff you, roust your house, and charge you with attempted assault of a Federal agent (or whatever the precise charge).

Lancer's continuing advice remains prudent and accurate.

Ok There are two things now in your last post, 100% bonafide relationship and violation of status.

First Scenerio! K1 visa conditions

you are married within 90 days but didn't apply for AOS. Got married within 90 days and living together with love and happily is one bonafide relationship (that also should be visible by pics, joint acount, lease papers and etc) But you didn't apply for AOS, thats violation of status and IMMI would know it cuz everything is there in their records. Now for instance, if they do come, What would you do? deny them to enter?

Second Scenerio! K1 visa conditions

you got married within 90 days and applied for AOS, Yet they still come to check if you guys are living together and all the evidence they see at your place proving that this couple has estabilished a bonafide relationship, At first step if you are realy maintaining a good relationship? what would you do? deny them to enter.

My question? How would you hide any evidence that proves you are violating the status, as they already have all your ancestry records in the database

Or

what is violation of status in your opinion and how could one mislead Immi guys about it?

What i'm saying is that your relationship is 100% bonafide but they may still find something that makes them believe that it is not.....or you've made some sort of violation of your status without realizing it and the evidence is in the home.

Yes that's one actual fact one has to follow, and I am pretty much sure, doing that wouldn't harm you but SAYING NO may trigger something else.

I heartly respect everyone opinions but what's wrong may could be wrong for majority. how would you rate your say in open ppl opinion POLL. I guess majority will disagree. Make a poll yourself, you will soon see the difference in my idiology about this matter.

Go through my posts, these are as so simple to follow and infact not raising any negative doubted issues with IMMi guys come over...

Sir I am not being wiser, but educating ppl to cooperate and cooperate.

You are advising people to surrender their Constitutional rights.

Pardon me, but you are the one claiming that you know A2Z.

Pardon me, but please look through all of my posts here and copy/paste the line that backs your assertion.

I conclude that you are offering actual or quasi-legal advice that could be very perilous if others were to follow it. Lancer remains entirely correct regarding the prudent way to handle the situation, and with a long-term view.

Of course, thats what i am talkin' about. Now a wiser could tell, why one wouldn't allow them to come in If he/she is in dodgy relationship.

They either find something that looks like your relationship is a fraud or that you are doing something in violation of your status.

Sir, how would one ruin his/her adjustments by missspeaking if he's not on fault, only those who aren't keeping true relationship would digg and might say TALK TO MY LAWYER...Honestly speaking, You won't need a lawyer to hit the ball if you can hit them hard. Most of the PPl in here even in real life would agree with the statement that "Allowing laws to work with full cooperation will make any case as clear as you would want to.

I am not being wiser first of all but again "asking everyone to act normal in this situation by let them come in. What's a big deal in it and why we want to make a fuss to argue on anything

Listen I say this in order to protect those that might ruin there adjustments by misspeaking or having something laying around in the house that is innocent looking but causes them to jump to conclusions.

With an attorney present he can go over your house and verify its contents as well as speak for you so that you do not incriminate yourself.

Raise your voice against ICE knocking without warrant on News...rather than tellin' ppl to take wrong steps

Its not anything to first go through with basics , but whoever thinks He's smaters than IMMi guys, he's in a dark side. Kindly go through with the statement I gave. "COOPERATE IN ANWAYS POSSIBLE" Saying "NO" wouldn't do anything but onemore visit may be with some extra IMMi fat guys. They don't tell you nor inform you in advance why they come, you never know what they did find out in your application,

A person who doesn't have anything to hide or worry, he will definitly let them IN

Kindly stop giving ppl wrong ideas to deal in the situation when IMMI guys come..

That's precisely why you should not divulge information or allow them in without an attorney present.

Sir I am not being wiser, but educating ppl to cooperate and cooperate. Pardon me, but you are the one claiming that you know A2Z.

Go easy with laws, it will make your life more easier, thats all I know and need to do.

I would be pleased to welcome those guys at my doorstep, if they ever come. Rather than giving them lessons of what's in the laws or not LOL.....

Why one would say, hey show me the warrant then get in, Why you would go further ahead with the situation when you can settle it down by let them enter into your house.

Read the Fourth & Fifth Amendments in the U.S. Bill of Rights. These (and all of the Ten Amendments) were written precisely to prevent an unfettered State from infringing upon the inalienable rights of the People.

I can tell you, treating them like your guest and cooperating in anyway they want would be more beneficial in your case.

Oh? Cite the exact numbers of people who have done this who enjoyed the "benefits" of having done so, versus those who now regret it deeply.

PPl should cooperate with law especially with Immi laws rather than saying NO in anyways

When Constitutional bounds are being overstepped? Attorneys of all disciplines say otherwise. The U.S. Bill of Rights says otherwise. How are you wiser than they about such matters?

why dont you call a press conference and raise this point against ICE?

Sorry to say, but sittin' in front of computer and giving such statement is way easy than done in practical

Simple...it could be detrimental to your case, even if your relationship was bonafide. There is no law that says ICE must be allowed into your home warrantless.

Its not anything to first go through with basics , but whoever thinks He's smaters than IMMi guys, he's in a dark side. Kindly go through with the statement I gave. "COOPERATE IN ANWAYS POSSIBLE" Saying "NO" wouldn't do anything but onemore visit may be with some extra IMMi fat guys. They don't tell you nor inform you in advance why they come, you never know what they did find out in your application,

A person who doesn't have anything to hide or worry, he will definitly let them IN

Kindly stop giving ppl wrong ideas to deal in the situation when IMMI guys come..

if they were in need of search warrant, they would get it before coming to your house

No. They are hoping for (and banking on) consensual entry that is granted by Constitutionally ignorant members of the public... or those who are so eager to "cooperate" that they forget that the State is always (always) after bodies.

They usually don't bring that because they know you can't deny their entry into the house

This is 100% wrong. The shell that remains of the Fourth Amendment says otherwise. Please study some basic civics before making incorrect statements. Heed what Lancer says.

I imagine them as one serious trouble not from local office but head office, how they get trained and how to deal with the situation in a matter of minutes, they are pretty expert and I have read that. Going through with the laundry, is one common way to search and measure the bonafide relationship, but if someone claims that they messed up with everything, thats not true.

I dont understand onething, and If anyone from you put the light on it. Why would u deny entry of ICE or USCIS ppl...Why one would say, hey show me the warrant then get in, Why you would go further ahead with the situation when you can settle it down by let them enter into your house. I can tell you, treating them like your guest and cooperating in anyway they want would be more beneficial in your case.

PPl should cooperate with law especially with Immi laws rather than saying NO in anyways

I think your imagining that they are the men in suits at your local office. They are not. They are have been trained for a wide range of criminal activity from smuggling to counterfeiting etc. Yes they can get a warrant later but then you have a lawyer present then as well.

What can they honestly report back if you do not let them in "I was not allowed access".

You should also check this poster's other thread as I did just now. They went through her dirty laundry!

its like more digging, if you in anyway denied their entry, they know alot more than us, if they were in need of search warrant, they would get it before coming to your house, They usually don't bring that because they know you can't deny their entry into the house,

Why they come to your house, because,

They feel its might not be a bonafide relationship or something, and yet if you deny their entry, you are giving them reason to make you suspect in more ways. Why one wants to do that? Its just a visit, they do, but don't make you feel like a criminal in anyways. So let them do it, if you are in true relationship, then NO FEAR...

They dont have anything to do with the stuff in your house, All they would like to see, if you and the look of your house are giving them enough evidence to measure your current married life. Technically and by the law, they won't open up your pc, they won't be doing regular police job.

Absolutely anything that any law-enforcement officer (or Federal agent) sees, finds, or reaches "reasonable articulable suspicion" about can be used against you, including whether you yourself seem impaired or "nervous" (in the completely subjective opinion of the officer). This is why the one rule of safety that everyone should follow is to never ever allow any consensual search (meaning, one with no search warrant).

No law-enforcement officers or Federal agents are required to tell the truth about why they have come to talk to you, and in fact the courts have decided that agents of the "law" can lie about their reason. Voluntarily allowing them entry -- or answering questions without an attorney present -- is perilous and foolhardy. You can find yourself in a big hole (often of your own digging) before you realize it. And yes, once you let them into your house, they can tear the place apart before you know what's happening... and you'll be left with having to file an after-the-fact civil rights lawsuit. All of this would have been avoidable had you exercised your rights to decline consensual search and avoid answering questions without an attorney.

I wouldn't call it true mate, cuz I won't call them police, but Immi officers from USCIS or specifically ICE. Yes they ask you questions when they feel something is hiddin'. On top of that, they have plenty of ways to find if two of them are realy in bonafide relationship. Messin' up in the house isn't their priority

They bloody rummage through everything if they want too including your underwear.

They dont have anything to do with the stuff in your house, All they would like to see, if you and the look of your house are giving them enough evidence to measure your current married life. Technically and by the law, they won't open up your pc, they won't be doing regular police job.

from 5:30 to 6am, thats alarmin' time for the Immi officers to knock da door for early morning coffee, didn't u offer them? :)Anyways...I can say thats unusuall..They have a policy to check upon you if they need to verify something in your AOS. I wouldn't call it so strange. But good thing was, you have shown what they were looking for.

My advice, whenever they come, let them in, I know that noone is going to get in without warrant, but what if they mess up with your AOS application cuz of you said no to them when they visited you. PPL, who wanna say no on their visits are actually giving them reason to reject your AOS.

Its alot easier to fight a situation where you followed the law and exercised you rights then having to try to explain something innocent they might find in the home that would be used against you such as a letter, something on a PC, your wardrobe, something about your bathroom or your bedroom etc.

from 5:30 to 6am, thats alarmin' time for the Immi officers to knock da door for early morning coffee, didn't u offer them? :)Anyways...I can say thats unusuall..They have a policy to check upon you if they need to verify something in your AOS. I wouldn't call it so strange. But good thing was, you have shown what they were looking for.

My advice, whenever they come, let them in, I know that noone is going to get in without warrant, but what if they mess up with your AOS application cuz of you said no to them when they visited you. PPL, who wanna say no on their visits are actually giving them reason to reject your AOS.