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Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Congratulations and commendations to the OP for performing correctly, mostly. Anyone who thinks that the OP acted wrongly and should have "given in" should see the resources below.

Repeat to yourself until you believe it: The police are not our friends unless we start the conversation.

BUSTED:
ACLU:

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Timeline
Posted (edited)

On the flip side of the ID argument - an LPR over the age of 18 is supposed to ALWAYS carry their green card

http://www.uscis.gov/green-card/after-green-card-granted

Obviously most of us do not walk around with ID when simply going for a walk. I do, but that is because I want someone to know who the heck I am if something happens like a car hits me.

The OP was on the streets of Texas where there is no law that requires you to carry ID when you're not driving a car, that includes mexicans and new immigrants with or without green cards. How about that? So, you try to cooperate after being pinned between two police cars and ask if you're being detained? What's the matter with you people? So many Americans willing to relinquish their rights when they don't even know basic law. Pathetic!!

Edited by CNTrav
Posted (edited)

The OP was on the streets of Texas where there is no law that requires you to carry ID when you're not driving a car, that includes mexicans and new immigrants with or without green cards. How about that? So, you try to cooperate after being pinned between two police cars and ask if you're being detained? What's the matter with you people? So many Americans willing to relinquish their rights when they don't even know basic law. Pathetic!!

Did you read that it is USCIS FEDERAL law that a green card holder over the age of 18 must carry their green card at all times? State law doesn't trump federal law, sorry. A USC does not, but an LPR over the age of 18 must due to federal law. No one said that an LPR had to provide the ID unless required. I said they had to CARRY. biggrin.png

My husband works for the federal government. Just because we live in Colorado doesn't mean he can smoke recreational pot because the state law says it's okay. LOL!!!

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Timeline
Posted

Did you read that it is USCIS FEDERAL law that a green card holder over the age of 18 must carry their green card at all times? State law doesn't trump federal law, sorry. A USC does not, but an LPR over the age of 18 must due to federal law. No one said that an LPR had to provide the ID unless required. I said they had to CARRY. biggrin.png

My husband works for the federal government. Just because we live in Colorado doesn't mean he can smoke recreational pot because the state law says it's okay. LOL!!!

It's okay to be wrong and wrong you are. Look at the state law. Remember, we live in the USA, which means, united states of America. Texas law does not require you to carry ID if you are not driving a car. Is it helpful to carry? Maybe, but it's not required, and a green card holder or illegal alien cannot be prosecuted for not having on hand. I wish the illegals would be prosecuted, but the fact is they are not. Why not? ACLU. Please buy a clue.

Filed: K-1 Visa Country: Wales
Timeline
Posted

To be perfectly fair, if you're from the Black Country he probably didn't understand a ###### word you were saying anyway. Yam-Yam. wink.png

Walking while Black?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

It's okay to be wrong and wrong you are. Look at the state law. Remember, we live in the USA, which means, united states of America. Texas law does not require you to carry ID if you are not driving a car. Is it helpful to carry? Maybe, but it's not required, and a green card holder or illegal alien cannot be prosecuted for not having on hand. I wish the illegals would be prosecuted, but the fact is they are not. Why not? ACLU. Please buy a clue.

You should look in the mirror bud :D

<EOM>

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Did you read that it is USCIS FEDERAL law that a green card holder over the age of 18 must carry their green card at all times? State law doesn't trump federal law, sorry. A USC does not, but an LPR over the age of 18 must due to federal law. No one said that an LPR had to provide the ID unless required. I said they had to CARRY. biggrin.png

My husband works for the federal government. Just because we live in Colorado doesn't mean he can smoke recreational pot because the state law says it's okay. LOL!!!

That bags the question what right the Feds have to legislate on the issue.

And what rights an Employer has to regulate your non working activities.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Did you read that it is USCIS FEDERAL law that a green card holder over the age of 18 must carry their green card at all times? State law doesn't trump federal law, sorry. A USC does not, but an LPR over the age of 18 must due to federal law. No one said that an LPR had to provide the ID unless required. I said they had to CARRY. biggrin.png

My husband works for the federal government. Just because we live in Colorado doesn't mean he can smoke recreational pot because the state law says it's okay. LOL!!!

Granted Federal law trumps state law, that still doesn't explain why the police were stopping him in the first place. How would they known he was an LPR in the first place without first hearing his accent? I think the fact they stopped him is the real issue here.

Married in Edinburgh, Scotland: 07-06-2013

I-130 Package Sent to Chicago Lockbox: 09-04-2013

NOA1 from the National Benefits Center: 09-05-2013

I-130 Package Transferred to California Service Center: 02-25-2014

NOA2: 03-05-2014

NVC Received: 03-17-2014

Case # and IIN Assigned: 04-18-2014

DS-261 Generated and Completed: 04-26-2014

AOS Fee Invoiced and Paid: 04-29-2014

IV Fee Invoiced and Paid: 05-01-2014

AOS Fee Shows as Paid: 05-01-2014

IV Fee Shows as Paid: 05-05-2014

AOS and IV Packages Sent via UPS: 05-08-2014

AOS and IV Packages Received: 05-12-2014

AOS and IV Packages Input Into System: 05-14-2014

DS-260 Completed: 05-16-2014

Case Complete: 06-11-2014

Medical Exam: 07-08-2014

Interview in Warsaw, Poland: 08-28-2014 @ 8:30AM - APPROVED!

Visa Package Received: 09-01-2014

POE at Chicago O'Hare International Airport: 09-23-2014

I-751 Package Received: 07-11-2016

NOA1: 07-16-2016

I-751 Biometrics Apointment: 08-01-2016

ROC Approval (during citizenship interview): 12-20-2017

10-Year Green Card Received: N/A due to approved N-400

N-400 Filed Online: 08-28-2017

N-400 NOA1 Date: 08-29-2017

N-400 Biometrics Appointment: 09-22-2017

Status Changed to Interview Scheduled: 09-22-2017

Status Change to Interview Scheduled, read the letter we mailed: 11-15-2017

N-400 Interview: 12-20-2017 - APPROVED!

Oath of Allegiance Scheduled: 12-29-2017

Oath of Allegiance: 01-18-2018 

Posted

Granted Federal law trumps state law, that still doesn't explain why the police were stopping him in the first place. How would they known he was an LPR in the first place without first hearing his accent? I think the fact they stopped him is the real issue here.

I can't figure out why they would stop him, my best guess is that it is Texas and "walking" is strange behavior (which sickens me), or that it was an area known to be a place where drug deals happen.

Either way, whatever they were thinking, it is not illegal to walk, and it was improper for them to ask for ID just because they wanted it. This is a federal law, recently upheld in the supreme court.

It seems Hypnos is following up on the matter, he mentions getting "redress," and it is very good he is doing so. I also hope he got the officers names and ID numbers. I know officers have quotas, but they should be looking for real crime instead bothering people on a walk. If they thought he was loitering or something (which isn't illegal on public property), they could have told him leave the area. There was no need to check his ID.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Timeline
Posted

Got much to hide? You didn't win; you lost!

There are 24 states that require you to identify or you'll be arrested called Terry Stops. There is no law that requires you carry ID but you are required to identify yourself. If a cop asks just give him your ID. Playing the civil rights card is going to piss off the cop and he is going to see it anyway.

Only guilty people refuse to identify. Hence the officer already has reasonable suspicion and the officer is not required to tell you what it is until your under arrest. It's a catch-22 by design.

Doing the right thing is not always doing the right thing. Anyone with a little street smarts knows this. Also this advice only works if your white and I mean really white. If your a darker immigrant and act like this it won't end the same way and the lawyers, media won't care. You're a darker immigrant with no money. It's the reason a missing white child is national news while a missing black child is not.

Go on and be a civics' hero; I'll surrender my ID and be on my way.

Filed: Timeline
Posted

I can't figure out why they would stop him, my best guess is that it is Texas and "walking" is strange behavior (which sickens me), or that it was an area known to be a place where drug deals happen.

Either way, whatever they were thinking, it is not illegal to walk, and it was improper for them to ask for ID just because they wanted it. This is a federal law, recently upheld in the supreme court.

It seems Hypnos is following up on the matter, he mentions getting "redress," and it is very good he is doing so. I also hope he got the officers names and ID numbers. I know officers have quotas, but they should be looking for real crime instead bothering people on a walk. If they thought he was loitering or something (which isn't illegal on public property), they could have told him leave the area. There was no need to check his ID.

Half wrong information!

The Supreme Court knocked down NYC's stop and frisk policy and requirement to carry ID but not stop and identify. Two times the Supreme Court has denied hearing cases for stop and identify. Federal district courts have ruled that identifying yourself is not unreasonable search and seizure. In NYC if you don't identify when asked your under arrest; simple as that.

Your all giving dangerous advice to newly arrived immigrants. Just produce your ID and be done. Why are you telling these people to escalate the situation when your immigration status could be on the line.

Posted

Half wrong information!

The Supreme Court knocked down NYC's stop and frisk policy and requirement to carry ID but not stop and identify. Two times the Supreme Court has denied hearing cases for stop and identify. Federal district courts have ruled that identifying yourself is not unreasonable search and seizure. In NYC if you don't identify when asked your under arrest; simple as that.

Your all giving dangerous advice to newly arrived immigrants. Just produce your ID and be done. Why are you telling these people to escalate the situation when your immigration status could be on the line.

There is no way your immigration status would be "on the line" for not producing ID when stopped for "walking." They didn't ask him his name, they asked for his ID. I think a little "what seems to be the trouble, officer" would have gone a long way instead of "am I being detained?" but I would not have given any ID if I were stopped for "walking" and no immigrant has to either.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)

(Moderator hat on) One post removed for editing, with acceptable portion returned here:

TOS-infringing text deleted by Moderation So, why are there so many millions of illegal aliens who don't have ID, cannot produce ID, vote, and walk our streets everyday, drive cars, not being deported? Well, hmmmmm???? Text deleted by Moderation

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

(Moderator hat off)

Being required to carry one's green card is a Federal requirement. Regular law-enforcement officers (LEOs) can't ask your immigration status unless their agency belongs to the 278g program.

Bearing in mind that I'm not a lawyer, read this post in regard to "stop & frisk," etc.:

http://www.visajourney.com/forums/topic/461269-woman-called-for-a-medical-response-after-fiance-took-too-many-pills-police-arrive-and-shoot-him/?p=6598570

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: Wales
Timeline
Posted

There is no way your immigration status would be "on the line" for not producing ID when stopped for "walking." They didn't ask him his name, they asked for his ID. I think a little "what seems to be the trouble, officer" would have gone a long way instead of "am I being detained?" but I would not have given any ID if I were stopped for "walking" and no immigrant has to either.

He was walking.

In Texas.

Highly suspicious.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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