Surprise visits by immigration.

[Oksana & Max 94]

Guys, not even the FBI can force into your house without a warrant just to ask some questions. There are certain 4th amendment rights which apply to all law enforcement, go figure to the USCIS (which is not even law enforcement). This said, unless the moment is really inappropriate, I would let them in but if it gets unpleasant once they are in, I would ask them to leave. They would have to, immediately.

I hope you are not serious about 4th amendment here. You already provided USCIS with you personal information and allowed them to look into your background what kind of 4th amendment you are talking here???

While you have the right not to let them in or ask them to leave, and yes they will have to do that. Just think of an impact to your case.

By the way I've been interviewed by FBI, DHS, ICE and other agencies so many times, I don't care. Come over anytime you want.

[TBoneTX 46,119]

I hope you are not serious about 4th amendment here.

The Fourth Amendment, although on life support and probably to be put to formal death by the Supreme Court this year or next, is one of our freedoms to exercise as U.S. citizens, and one of the obligations of Federal agents to honor.

By the way I've been interviewed by FBI, DHS, ICE and other agencies so many times, I don't care. Come over anytime you want.

Well, what's bully for you isn't one-size-fits-all. The Constitution and the Bill of Rights, fortunately, are.

[DaveE 178]

This is the only post in this thread that nails it, and it's worth +100. Federal agents and law-enforcement officers are always after two things, and neither is in your favor.

The claim and exercise of a Constitutional right cannot be used as a justification to violate that right.

If you want to add something to Bob's outstanding answer, say to the agents (through your closed door), and very pleasantly, that you've already begun studying for the citizenship exam, and you're aware of your rights and the agents' responsibilities under the Fourth & Fifth Amendments. Thank them for their interest, and reiterate that they should set a proper appointment, just as you have been required to do throughout the legal-immigration process.

This video should be required viewing for all intending immigrants and for all USCs, more than once a year:

Please read just above. Federal agents are NOT our friends and are NOT operating toward our benefit during visits like this.

Edited to add: Miller v. U.S., 230 F.2d. 486, 489

"The claim and exercise of a Constitutional right cannot be converted into a crime."

Edited September 22, 2011 by DaveE

[TBoneTX 46,119]

The same folks that "protest too much", are the same ones that would be here the following month whining about their denial.

You're right that we have to differ. Those who would be selfish enough to want to jump ahead in line, or to take shortcuts for their own benefit, would be selfish enough to willingly surrender their Constitutional rights and make it that much more difficult for those who wish to retain and exercise their same rights. Everyone is encouraged to view the video above.

[Canadian in GA 34]

This is the only post in this thread that nails it, and it's worth +100. Federal agents and law-enforcement officers are always after two things, and neither is in your favor.

The claim and exercise of a Constitutional right cannot be used as a justification to violate that right.

If you want to add something to Bob's outstanding answer, say to the agents (through your closed door), and very pleasantly, that you've already begun studying for the citizenship exam, and you're aware of your rights and the agents' responsibilities under the Fourth & Fifth Amendments. Thank them for their interest, and reiterate that they should set a proper appointment, just as you have been required to do throughout the legal-immigration process.

This video should be required viewing for all intending immigrants and for all USCs, more than once a year:

Please read just above. Federal agents are NOT our friends and are NOT operating toward our benefit during visits like this.

Edited to add: Miller v. U.S., 230 F.2d. 486, 489

"The claim and exercise of a Constitutional right cannot be converted into a crime."

completly disagree- but thats me. they are not there to ruin you, they are there to see if you are fraud or not. your choice really, if they have a reason to come to your home, then so be it. they may not be "our friends" but why piss them off even more? remember, its your case in their hands! you choose nay or yay in this topic.

[TBoneTX 46,119]

they are not there to ruin you, they are there to see if you are fraud or not.

You contradict yourself in the same sentence. You don't know if they're going to decide that you're fraudulent or not, even if you let them in "because there's nothing to hide." They can see any object, item, or letter (completely innocent, to you) and decide that it's evidence of fraud, and you'll have no appeal. Deal with USCIS on your terms, not theirs, and you'll have a far higher chance of success with far less risk.

[Robert&Karen 264]

One example: If they get wind tat the marriage is a sham and you two do not live together, then they will stop by and want to see if you do or not. Don't let them in on a whim, now you get to PROVE you do live together. Let them in and they see that you are together and they close their case.

They are not out to "get" you. They are there to fill in little bubbles on forms and check boxes off. if they need more data, they check with you. Think about the RFE that I got, I could have written back and said it was their problem. I could have challenged the legitimacy of the RFE and appealed. But in the long run I give them what they wanted and everyone is happy.

[Canadian in GA 34]

.........they had a reason in the first place to be there.

again, anyones choice. I myself don't have to worrry if they will knock on my door, like someone else said...i wish they would come see my home with my family pictures, my husbands and my clothes in the same hamper, or top drawer stuff ! shows im in good faith, and avoid any red flags. wish they would make more home visits to nab the fraud people out there.

once again..anyones choice good luck to anyone who gets that knock!

Edited September 22, 2011 by Canadian in GA

[clueless55 18]

I wish they'd do more spot checking and surprise home visits.

If somebody knocks on your door at wierd hours, claiming to be some official....it's simple. You tell them 'I don't know who you are. Please wait while I call local law enforcement and ask them to check you out.'

[Udella&Wiz 325]

I just finished reading a post where officers surprised someone at 7am.

My thoughts on this was they would have to tell you that they will give you a surprise visit at any time.

I did not know they can just show up without an indication at the interview or so.

What are our rights if they show up unexpectedly, do we have to open our home to them?

They're not coming to your house in Canada , you're doing a K1 - US immigration doesn't have teh right in Canada to do that

Anyway - you don't have to worry about it

Edited September 22, 2011 by Udella&Wiz

[katiemanny 64]

You contradict yourself in the same sentence. You don't know if they're going to decide that you're fraudulent or not, even if you let them in "because there's nothing to hide." They can see any object, item, or letter (completely innocent, to you) and decide that it's evidence of fraud, and you'll have no appeal. Deal with USCIS on your terms, not theirs, and you'll have a far higher chance of success with far less risk.

I strongly disagree with that statement, what a mislead quote. Would you recommend someone to respond to their RFE sent by USCIS their term as well? and not the USCIS timeline to be responded to.

Your statement is completely the opposite, Deal with USCIS their term and your process will be far less stress than being a completely arrogant jerk and make them delay your case for good.

Edited September 22, 2011 by katiemanny

[Brother Hesekiel 2,236]

USCIS will not deny a case on a hunch. They want something they can use against you. Not opening the door at such hours is not something they can use against you, but anything they find when you let them in, even if you may think it's "nothing" they can use to make their case.

Speak to any attorney, and they will always advise you not to invite a search and not to volunteer information. Only if you give them nothing, you can make sure you don't give them something.

[Robert&Karen 264]

USCIS will not deny a case on a hunch. They want something they can use against you. Not opening the door at such hours is not something they can use against you, but anything they find when you let them in, even if you may think it's "nothing" they can use to make their case.

Speak to any attorney, and they will always advise you not to invite a search and not to volunteer information. Only if you give them nothing, you can make sure you don't give them something.

This is not a criminal matter. They do not need to prove beyond a shadow of a doubt. If USCIS has even the slightest doubt they can hold your GC and wait until they get a warm fuzzy feeling about you.

For an analogy, you want in your son's room to see what he is up to. He has the door locked and says you have to accuse him of something, and then only look for that one thing. Yea right! You walk, in when you darned well please and look all over the place. You get mad if he has pot or porn, but care very little if he has unfinished homework, in relation. You are not out to "get" him, you want to make sure everything is on the up and up.

[newlyweds2010 208]

Obviously they don't come to your house because they were in the neighborhood and wanted to check how you're doing.

The ultimate point is that they don't need to request a warrant (I don't even think they would get one). The three scenarios, which they were trained to face, are:

1. They knock on your door, you let them in, they look around, nothing suspicious, approved.

2. They knock on your door, you let them in, they look around, something is suspicious, not approved.

3. They knock on your door, you send them away, they leave, open their notepad, write "DENIED", and off we go.

Simple.

[newlyweds2010 208]

This is not a criminal matter. They do not need to prove beyond a shadow of a doubt. If USCIS has even the slightest doubt they can hold your GC and wait until they get a warm fuzzy feeling about you.

For an analogy, you want in your son's room to see what he is up to. He has the door locked and says you have to accuse him of something, and then only look for that one thing. Yea right! You walk, in when you darned well please and look all over the place. You get mad if he has pot or porn, but care very little if he has unfinished homework, in relation. You are not out to "get" him, you want to make sure everything is on the up and up.

Correct. In the denial letter they clearly write that the burden of proof rests with the applicant, who didn't show enough evidence of what he is claiming. Simple.