Italian_in_NYC

1 minute ago, TBoneTX said:

Yes, it is.  Dogs are considered to be valid collectors of information.

 

No, it would be considered a search. And an unlawful one unless you allow it.

6 minutes ago, cyberfx1024 said:

Did you not read what was posted earlier about this? You can be an ### at the checkpoints if you want and they can inspect your vehicle for an hour or 2 as well. I will just answer question while you are on the side of the road complaining.

They do NOT have any authority to search your car (unless you voluntarily grant it to them). They only have that at the actual border.If not crossing the border,  they can only do it with a warrant or if they have probable cause (which they don't).

This is the IV Amendment.

Know your rights.

1 minute ago, cyberfx1024 said:

Yeah well that is NYC this is actual CBP officials with 100 miles of the border where they have more powers than local police. So you can think like that and then be questioned for however long.  I am very much against a police state as well but just being cordial goes along way.

In my case it was NYPD, but the US Constitution I'm talking about is the same one, and it applies to everyone. Btw, you can NOT be held unless they detain you. And they can't detain you just for the sake of it.

Sure, we can always go along and go our way, but we should all be fighting this.

This is not law enforcement, this is a police state.

1 minute ago, cyberfx1024 said:

Don't you understand the police can pretty much invent ANY KIND of probably cause if they want to???? I was driving a supposed Federal vehicle in a high drug trafficking corridor in SoCal. Where they have already had thieves steal Federal license plates and put them on to other cars to try to make that much easier to transport drugs/people up into the interior. So yes there is probably cause there.

 

This is not mention that this is already a long day for me because I got on the road at 5am to drive 4 hours to beat the 108 degree heat while working outside. Then have to drive another 3 1/2 hours at 2pm at least after that checkpoint just to make it home for the day. So at that time I was not giving them any kind of grief to take me back. But when I was questioned for 10 mins about my job, where I went and where I was going then I lost it on the CBP official. So you can play your little keyboard warrior games safely in the air conditioning but when your in the 110 degree heat smelling the ####### from the Salton Sea then yes you will comply with what they want.

No, that would absolutely NOT be probable cause. Probable cause means they have reasons (to be supported by objective facts) that you are committing a crime. So, if your car smells like you are carrying 500 lbs of weed, then that would be probable cause.

Them having a dog sniffing your car without probable cause is not admissible. Even if they find drugs on you, that evidence would not be admitted in Court.

Most of us just answer and go on the way, but we should all refuse, otherwise we are quietly let them turn the US into a police state.

I was stopped in NYC and the cop asked me if he could search me. I said no and I went on my way home.

4 minutes ago, Irishdoherty said:

Does anybody think immigrations is being harder on same sex fiancé now ???

Why would it be?

They will just go through the same process.

3 minutes ago, adar24 said:

Indeed. We will all want our fees back for sure.

The Goodlatt bill may be brought to a vote and likely will even pass in the House as Republicans have a clear majority there. So the hope is that that bill or the Cotton one has a tougher time in the Senate. Although who knows, Republicans may change the rules and use the nuclear option of simple majority in the Senate - assuming all republicans will vote yes that is, which seems a long shot with Graham and Flake. Also, with the nuclear option (simple majority), Republicans will take a huge risk of Dems doing the same in the future when they are in majority. So, for now, lets keep our fingers crossed that the xenophobic House repubs don't drown legal immigration in exchange for throwing a lifeline to DACA folks AND that sane repubs and all Dems in the Senate reject the bills. But we can do more than wait and watch. If you are in congressional districts with republican congressmen, you can call their offices and register your protest to their voting yes if the Goodlatt bill does come up for vote. Also, write to/call your senators, especially if republican. It will make a difference.

I kind of agree to eliminate chain migration.

I'd just want my money back (with interest), sounds fair.

I also bought my mom an apartment already, so that wouldn't be nice (although I can still resell it).

I do not see any xenophobia. I'm from Italy, where immigration laws are lax (and I'm being kind). It is being literally invaded. But yet, you can't sponsor your foreign parents.

1 minute ago, cyberfx1024 said:

Good luck trying this at a checkpoint because they will detain you for "further questioning"

They need to have probable cause too for further questioning. And they can't detain you. You could sue them and it would be an easy win (although meaningless).

This is (not yet) a police state.

1 minute ago, Ben&Zian said:

 

That is why I am surprised by the whole argument a lot about talk of reforming even social services, welfare, ect... the system has some big issues that need to be shored up but people are very testy about it when it comes to fixing them. The system is gamed a lot, and not just by immigrants but US citizens also. 

There are tons of US citizens gaming the system, TONS. Unfortunately, the Govt has to keep those, no choice.

2 minutes ago, AshMarty said:

So true!

 

I work in Health care and so many USC don't even realize how expensive it is to grow old in their own country and what Medicare really covers in retirement. They also do not realize  you have to pay into Social Security to even receive some one day.  

True, although some countries have social security totalization agreements where you can unify credits from both countries and elect to get a check from one of the two. This should be known among immigrants.

18 minutes ago, cyberfx1024 said:

According to the SC it's not against the law because they are not searches at all, they are just checkpoints.

You do not have to show any ID. You do not even have to carry it (unless it's a driver's license and you are driving, obviously).

You can refuse to answer any questions at those so-called checkpoints. You are free to go unless they detain you. And of course they have no legal ground (probable cause) to detain you.

I'm sponsoring my mom and it looks like she will (barring problems with the interview) make the cut (interview is early next week).

However, I'd be totally fine with her getting a long-term visa.

She is not coming here for the welfare (in Italy is much more generous and she is entitled to it as a citizen) and probably not for the lifestyle. She just wants to see her two small grandchildren grow.

Unfortunately, this category is subject to much abuse, I've seen it on my wife's side (came here as a young kid from the former USSR and all her grandparents made it too and they were all on welfare).

One question: why didn't this guy apply for US citizenship before? His sister did. He seems educated enough to know the process.

Maybe he was afraid of getting denied for something that was not on the news?

Seems like there's more to the story.

I personally know few people who got their citizenship even with arrest for insignificant violations (mostly weed in the car). One of my closest friend got a DUI the day before his green card interview and still got it (after a while) and he is now a US citizen.

So it has to be more than some rowdy teenager issue.

1 minute ago, cyberfx1024 said:

Yes, they are talking about ending Chain Immigration which means that bringing parents would not be allowed. But as of right now this is only talk so don't get too worked up about it.

Tax reform was all talk as well, and it happened in a blink of the eye (and they made our holiday season - as accountants - extremely busy)

They will need 60 votes in the Senate this time, true, but Dems know they will be shamed for another shutdown and that Trump would totally let DACA expire if he doesn't get (at least most of) his wishlist done.

These searches are against the IV Amendment. And the Constitution trumps any Federal law, so I'm against this. And you could refuse to be searched without probable cause (which they obviously do not have).

Deportation of the overstay is good though. That's why most (legit) applicants in the world go through hell to get a visa.

8 minutes ago, Pat Stubbs said:

You can view H.R. 4760 which is the Bill on Congress.gov

It states that ALL pending petitions  for parents will NOT be processed or adjudicated by USCIS and the State Department (which is the NVC) as of the date of legislation. That is the day the President signs it.

I know, but there would be thousands of lawsuits to get the fees refunded.

I doubt on the feasibility of just suspending pending applications.

What about all the fees paid? They would at least need to be reimbursed (with interest). We're talking about billions.

My mom's interview is on Tuesday, so hopefully everything will go just fine. But I'd think they would have to honor at least the pending applications, at least at the NVC stage.

This is a bit of a grey area...

There are Proposed Regs (I think 1.898), but they were never finalized by the Treasury.

You are supposed to allocate the income till 12/31 (Australia is easier than UK - UK has an April 5 FY).

If not practical, you can pro-rate. I usually do this if the income is steady (say, salary) and never had a problem (knock on wood here) with the IRS.

If you have subpart F income it's much better to be accurate on the dates.

Exchange rates: if you prorate the income, you can use the average exchange rate for the year (Treasury, IRS, or other commercial websites like oanda or xe are all good).

If you know the exact date you received income (i.e.: dividend), then use the spot rate.

23 minutes ago, Going through said:

I agree with the Diversity Lottery ending---that should have been done away with long ago.

Agreed.

Always thought it was odd and unfair (but don't get me wrong, I always applied while I was here on H-1B).

I had a close friend back then, who was here on a work visa and REALLY wanted to stay here and live here (eventually, he got his gc through employment after MANY years of wait). His brother applied for the lottery just for fun, he won, got his gc, moved here and after a few months moved back to Italy (and surrendered his gc). Doesn't look like the best way to allocate immigrant visas to me.

24 minutes ago, Beast7 said:

If this happen it will be a worst law passed in U.S history.

How can you stop anyone from sponsering his parents? Or child?

It never happen in world 

In Italy you can't sponsor parents, actually.

And Italy's immigration laws are lax, and I'm being kind.

Having said that, I'm sponsoring my mom, I spent over a thousand dollars in fees and actually already bought her an apartment in NYC, so I don't think they can retroactively cancel pending visa applications (she has her interview next week, so hopefully not affected).

I think this is their first offer, they will negotiate and meet in the middle.

we can all agree that the system needs some changes. I came to the US for work almost 20 years ago and I was extremely frustrated, so difficult to get a work visa even with my skills.

You can do both.

Does she have any foreign-source income or significant foreign assets?

If not, it sounds like the MFJ option might be best (but do check both scenarios).

In my experience (as a tax professional dealing with many international clients), I'd say the average is 4-5 weeks, if they have the right documentation.

21 hours ago, LittleLeaf said:

Ive been digging into this myself as we'll be doing the same thing (I arrived Sept, still waiting on EAD). There are so many minute details to navigate. >.<

Despite being for 2016, Ive actually found this IRS doc quite helpful: https://www.irs.gov/pub/irs-pdf/p519.pdf

They go through examples which I found really grounding. I'd suggest taking a peek at the Dual status section; I assume that marking your wife as such should do the trick in making sure she's only accounted for July through December.

 

 

 

If you arrived in September, you likely won't have enough days to qualify as a US Person. You clearly do not have any US-source income as you couldn't work, so you don't even have to file.

All your days with an F visa do not count for the physical presence test, hence you were a nonresident alien for tax purposes, no FBAR required, if that account was foreign.

Gifts are not taxable to the recipients in the US anyways.

I don't see any problem.

For a Giants fan there will be no Superbowl this year.

Actually, most Giants fans will prefer see the Pats win, and that says a lot.

Just give a green card to the DACA kids, build the wall (so there will be no more - or many less - DACA kids in the future), reform immigration system (no lottery, more limits on chain migration, heavy scrutiny for some countries) and everyone should be happy.

Of course, I have a feeling that come Feb 8, there will be another shutdown.