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CaptainPenguin

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  1. Like
    CaptainPenguin reacted to Boiler in In distress can anyone help? God bless you!   
    He has a non waiverable 5 year ban for missing the deportation hearing.
    Might want to take some language lessons.
  2. Like
    CaptainPenguin reacted to JimVaPhuong in In distress can anyone help? God bless you!   
    This is not correct. ICE is not above the 4th amendment. They need a warrant or the permission of the occupant to enter a home. ICE can issue arrest warrants on their own, but an arrest warrant cannot be used to force entry into a home. They need a search warrant, and that can only be issued by a judge.
    Most of the time, when someone's home is entered without a search warrant it's either because they were intimidated into agreeing to let the officers enter, or they stood in the open doorway talking to the officers (an open doorway is considered an invitation to enter). This is why attorneys always recommend you either talk to the officers through the closed door, or you go outside and close the door behind you. If the officers have a valid search warrant then they won't bother talking to you first - they'll just kick the door down. This applies to federal officers (including ICE), as well as state and local officers.
    The National Immigration Law Center has several pamphlets describing what your rights are when you have an encounter with federal immigration officers. While I don't agree with their opinions on immigration law and reform, their advice on your legal rights is spot on.
  3. Like
    CaptainPenguin reacted to Darnell in In distress can anyone help? God bless you!   
    when ICE is on a 'search' for an illegal alien, no warrant is needed to bust down the door.
    Sorry. If ICE expects to need to be loaded for bear, if this person is hiding in some 'known illegal alien den', then ICE can do whatever they want, for apprehending the illegal alien.
    If yer friend would want to spare his 'family' any further 'investigation and deportation' - tell yer friend to show up at the ICE office with a suitcase - at least he'll spare his family any arrest and deportation, yes? They've been in hiding, this long, using false papers, and now harboring a fugitive - so when ICE is at THEIR door, they will most likely take ALL of them in, for a small stay, until the fingerprints are validated in the national database.
    I wish I had 'other news' for you, but - it is what it is. He's illegal, and needs to be gone. ICE will do their job - but your friend has a few moments now, to make a decision for 'just him' or 'all of the family'. He should make a choice, today.
  4. Like
    CaptainPenguin reacted to justashooter in In distress can anyone help? God bless you!   
    you would be advised not to harbour this person. they are wanted and if you harbour them you are commiting a crime.
    tough toodles on his illegal presence. if his mother or father care about him at all they will go back to mexico with him, as they are prolly illegal, too. America is tired of listening to lawbreakers denying truth. it is time to pay the piper.
  5. Like
    CaptainPenguin reacted to NigeriaorBust in Travelling back to USA   
    Is there an overstay issue from coming over when you married ? If you overstayed while waiting on your AOS and it was not forgiven then you may not be eligible for a visa waiver entry anymore. You may only be able to travel on a visitors visa.
  6. Like
    CaptainPenguin reacted to Brother Hesekiel in Bad Marriage   
    So much said, some contradictory, so let me add my opinion.
    If she came with a K-1, and you guys got married within the 90-days timeframe, and have been married for about 2 years now, she is floating in what we sometimes refer to as nowhereland.
    This is a bit complicated to explain, but basically and due to an error in the wording, some believe that a K-1 in your wife's position is "kind of" legal, or at least not illegal in this country, as she fulfilled the requirements of the K-1. Others believe that as soon as her I-94 expired, and it certainly is long expired by now, she is out of status.
    None of this matters, however, as a K-1 can only adjust status to Resident if YOU file the petition for her. If you die or get divorced and she marries again . . . out of luck. Good news therefore: if her family kills you, they are doing her a disfavor.
    For you in your situation this means the following:
    1) do NOT file the AOS for her.
    2) write a letter to USCIS, explaining that you feel you have been used for a Green Card and will not file for AOS.
    Then tell anybody who threatens you that you will call the police the next time they pull some kind of stunt on you.
    Finally, get a divorce by any means, in absentia if you can't serve her the papers, and afterward move on with your life.
  7. Like
    CaptainPenguin reacted to idaho_and_surigao in False accusation of abuse towards alien husband!!   
    Call the county sheriff's(or local LE) and report him for Trespassing. If he is not on the mortgage, and you have no legal residential contract (i.e. he rents from you and you have a contract(lease) saying same) He is trespassing. End of Story. However I would wait until the DVO is dropped, just to be on the safe side I went through something very similar with my ex...
    good luck
  8. Like
    CaptainPenguin reacted to we3we in How to make Fiancee deport. dont want to marry her   
    She cheated me, all her intention were just to come here in USA, and She lied, and keep telling lie, I can not tolerate this kind of person.
  9. Like
    CaptainPenguin reacted to And_Sam in How to make Fiancee deport. dont want to marry her   
    I think Darnell hit this right on the head. Sounds like an arranged marriage. Most of them aren't that aquainted with each other.
    The OP just wants to know what to do.
  10. Like
    CaptainPenguin reacted to Brother Hesekiel in How to make Fiancee deport. dont want to marry her   
    Unlike a used car, people do not come with a money-back guarantee. It's therefore wise to establish whether or not a couple is compatible before getting engaged and filing for a fiance visa.
    I feel sorry for that woman who just gave up everything at her home country to travel thousands of miles to a foreign continent to marry the love of her life, only to find out she's not as good as your petitioning husband bargained for.
  11. Like
    CaptainPenguin got a reaction from dr_haloperi in please help me if you can   
    Not your family, but one particular family member can be your co sponsor.
  12. Like
    CaptainPenguin got a reaction from VanessaTony in 2yr. Residency Card received..next is?   
    Just ignore the online status...
    1. You need to apply for your removal of conditions 90 days before your 2 year green card expires.
    2. Yes you have to notify them of your new address within 10 days of moving using the 'aliens change of address' form, can be done online or via mail.
  13. Like
    CaptainPenguin got a reaction from dr_haloperi in please help me if you can   
    You don't have to file a tax return if you make under the minimums, usually 3200 dollars. But you can always file one with just zeros, just like it was mentioned above. However, if you decide to petition someone to come over you will need to be able to supply proof of some sort of income, tax returns are just one small part of it.
  14. Like
    CaptainPenguin got a reaction from Brother Hesekiel in 2yr. Residency Card received..next is?   
    Just ignore the online status...
    1. You need to apply for your removal of conditions 90 days before your 2 year green card expires.
    2. Yes you have to notify them of your new address within 10 days of moving using the 'aliens change of address' form, can be done online or via mail.
  15. Like
    CaptainPenguin got a reaction from Brother Hesekiel in NY citizenship appointment   
    It depends on how old your kids are but they should be fine, and your husband can stay at home as well. I dont understand why some people make such a huge deal about taking a day off, really ? Naturalization is a HUGE thing that many of us have spend decades looking forward to, if it is not worth taking a day off, you can just stay a permanent resident, it might be more convenient that way. But once again no, if you are the one filing, unless requested, you can take care of it all by your self. If your children are over 18 they will have to have their own interviews.
    Chances of a same day oath really depend on which office you will get assigned to and how busy they are, as far as I know Albany does one every few weeks. I you can somehow request to have your interview and or oath in NYC they should in some cases be able to schedule you for a same day ceremony if you have your interview early in the morning.
  16. Like
    CaptainPenguin reacted to Brother Hesekiel in A question for those who have already acquired the US Citizenship   
    I'm sorry . . . but what is wrong with you people?
    "How do I prove my citizenship status?"
    Prove it to whom? A cop?
    Cops do not check people's citizenship status, folks. Even in Arizona, in the near future -- if, and only if that new law passes -- the cop will ask for identification. You then show 'em your Driver License. That's all you have to carry with you, whether you are in Alaska, Miami, Honolulu, Los Angeles, Podunk Holler, or Scottsdale. Whether you're white, black, red, yellow, or brown skinned, for crying out loud!
    A cop has no right to ask for any immigration status, unless you are a suspect of a crime. Assume he thinks you are a criminal who just raped a little girl, and ask you "are you a US citizen?" you answer with "Yes, Officer." That's all you need to do, as there's no law in the whole wide USA that you have to carry a passport or birth certificate with you. Your statement is all it takes.
    Anybody claiming to be a USC when he or she is not, is committing a deadly sin, and becomes removable from the USA without a chance of a waiver, so that's something not done lightly.
    Non US citizens are required to carry proof of legal presence with them. So, again, if the cop asks you "are you a US citizen" and you are not one, you better respond with "No, Officer, I'm a Lawful Permanent Resident."
    In that case you have to show your Green Card. If you don't have it on you, the cop can detain you until your status is confirmed (which takes only minutes), and if you turn out to be an illegal immigrant, you are indeed in deep sh*t.
    So please do not play mind games in figuring out what you have to carry with you once you become a US citizen. You take your Driver License, and the pride that you can rightfully say that you ARE, indeed, a US citizen. That's all there is to it.
  17. Like
    CaptainPenguin reacted to VanessaTony in Austrian wife trying to persuade US Embassy that she doesn't want to stay in US   
    Well honestly, you need to show strong ties to your home country to get through on the visa waiver and it's obvious that your wife wasn't showing enough info THEN.
    To get a visitors visa, just like with the VWP she needs to show strong ties to Austria.
    I would have her take evidence of the Austrian property, have health insurance and a letter from her work stating that she works there and for how long she's worked there etc.
    Here are the visa facts: http://www.usembassy.at/en/embassy/cons/niv_faq.htm Any time she travels she'll need to take this evidence of ties to Austria with her. Even WITH the visa it doesn't mean she is able to visit all the time. The visitors visa might be approved, but like I said, just because it is, doesn't mean that she is permitted entry if they think she's trying to immigrate and then it'll be cancelled.
    Have you considered applying for naturalisation (I think 5 years makes you eligible) and then applying for a IR-1 visa for your wife? This will get her a 10 year greencard. I would investigate this option first personally. It means she can enter as much as she likes but there are residency requirements she needs to fulfil. After 3 years of having a greencard (and still being married to a USC) she can apply for naturalisation too... meaning you can both come and go as you please.
    Best of luck in either event.
  18. Like
    CaptainPenguin reacted to xhm in Am I qualified?   
    I became a PR in Feb 2005 and married a US citizen in May 2006. I have been living in the US until Oct. 2008 when my company sent me on a foreign assignment aboard. My family joined me on the assignment overseas. However, we visited the US every six months. Until now, I have one overseas stay over 180 days (182 days, not knowing USCIS uses 30 days/month standard). I plan to submit my N400 application during my next visit to the US in May 2010. My questions are:
    1. Does "the 18 months physical presence requirement " mean that for the most recent 3 years proceding the application date I have to have 18 months live in the US or it means as long as I have lived in the US for 18 months (not necessarily in the last 3 years), I can apply.
    2. Should I use the 5 year permanent resident status or 3 years of marriage status to apply? What are the pros and cons?
    3. Would the 182 day trip be a big problem, since it is over 6 months by USCIS definition? I have filed tax in the last 5 years. We have a house in the US (under my husband name). Both my husband and son are US citizens. What eles are needed to show the ties to the US?
    4. Since I need to travel after submission of the N400 application, I would like to the know if the FP date is flexible on the FP notice. (Read some posts in the forum that the FP notice gives a specific FP date, but it also allows the applicant to have the FP completed in the following weeks after the specific date until they consider you have abandon the case. Is this true?).
    5. Can I reschedule FP and interview dates?
    Many thanks to your kind help!
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