Illegal. Terminated already for fraud. but applied for adjustment anyway. (split thread)

[tam8i8 0]

Well this is somewhat off topic but related. One of Tamis concerns here is obviously how to get ICE to pick up/detain her ex spouse as his GC was revoked making him to her knowledge illegal/out of status. They sent a NTA he didnt and now hes just ... around. Not hiding. Not underground. Just there and yet ICE seems to be like shrug. Hence her asking can I make a citizens arrest since they are not acting on it.

I did some digging and Obama did a lot reform as we all know to immigration. Some of it got a lot of attention, some of it didnt. One of the things that got cut dramatically was ICEs budget. In late Dec 2012 they scaled back the 287 (g) program. They decided not to renew any 287(g) task force model agreements in 2013.

What the 287 (g) basically was/is is when local law enforcement finds/picks up/detains someone and find them to be illegal and holds them for 72hr and contacts ICE to come get them. Prior to 2013 ICE would come and get anyone and everyone. After they decided not to renew the task force model in 2013- the 287 (g) still stands but there are limited circumstances in which ICE will come and pick up the alien.

Most of these policy changes occurred under ICE director John Morton and are referred to as the Morton Memos

Finally, on December 21, 2012 ICE Director John Morton issued a new policy memo limiting the circumstances under which ICE agents can issue detainers and take custody of illegal aliens in the hands of local law enforcement officials. Specifically, the memo instructs that ICE agents should issue a detainer against an alien only where they have reason to believe the alien is subject to removal and if one or more of the following conditions apply:

• the alien has previously been convicted of or charged with a felony;
• the alien has three or more prior misdemeanor convictions;
• the alien has a prior misdemeanor conviction or has been charged with a misdemeanor offense that involves —
  • violence, threats, or assault;
  • sexual abuse or exploitation;
  • driving under the influence of alcohol or a controlled substance;
  • unlawful flight from the scene of an accident;
  • unlawful possession or use of a firearm or other deadly weapon;
  • the distribution or trafficking of a controlled substance, or
  • other significant threat to public safety;
  • the alien has been convicted of unlawful entry or has illegally reentered the U.S. after a previous removal or return;
  • the alien has an outstanding order of removal;
  • the alien has been found by an immigration officer or an immigration judge to have knowingly committed fraud;
  • the alien otherwise poses a significant risk to national security, border security, or public safety.

As a result of the new policy, ICE agents can no longer take an alien into custody if the alien's only violation of the law is being in the country unlawfully; they must have committed an offense independent of their unlawful status.

http://www.ice.gov/doclib/detention-reform/pdf/detainer-policy.pdf

(I cant find any record of this changing or not still being in effect in fact I found several recent news articles in borderish states complaining about it- like police stopped a car with a drunk illegal driver and 3 other illegals- ICE said detain the driver and let the others go. Border state outrage type article.)

Since Tami is pretty confident that her ex is in removal they should pick him up if he is detained by local police. However with the budget cuts and changes in ICE policies- its very unlikely they are going to come fetch him and very unlikely he is going to appear anywhere ICE would be- like a USCIS office.

You can check the status of someone NTA/immigration court case if you have specific info- which tami may be privy to- not sure by going to this link-

http://www.justice.gov/eoir/npr.htmand calling the number. Then you can confirm if card was revoked for fraud or not. Perhaps it might even say if in removal (?)

I am a little curious about the

Is this a hypothetical question or is this a omg please dont say he is saying he is going to take you to court and attempt to sue you for monetary relief real thing? Because Ill spit milk out my nose. There is another thread on here about suing on the 864 started by the same guy that started the fraud one you posted on initially with lots of info and links you can look into- but hun with GC revoked for fraud and no legal status and a removal order- no judge is going to order you to support him while he stays here illegally. seriously.

You said hes working. Does his employer know hes working illegally? He (the employer can get in trouble for that)

You can also try contacting at your local (or his local if you are not in the same field office area) go to the USCIS office and ask to talk to the FDNS officer there. Explain your concerns about wanting him picked up because he has a removal order. Show the memo above that says ICE can pick up for that. Yes its not exactly what it says, it says if they are in the hands of local law enforcement- Tell him of a place where know exactly where he will be- date and time wheter its at a court or his job and ask if he can have ICE agents go there and pick him up. If he says no. INSIST. I mean really what do they want you to do- go and make a scene and have the cops come so they detain you both so that ICE can come.

-----

Here is a link for the morton memos for those interested-

http://www.fairus.org/morton-memos

Thank you so much for taking so much time to write all of this information. Unfortunately the court doesn't have info yet, because the NTA was without a court date and was not sent to immigration court yet. It's jurisdiction still with USCIS. though ICE has a case created, for when it comes over. They did already request the a-file from USCIS, but while the I-751 is still hanging, nothing to be found there.

The I-864 yes is just hypothetical. He didn't say he would take me to court at this point, but I would not put anything past him.

His employer is aware but in denial of his illegal employment. He provided the I-797 noa, saying he has an extension, when he filed the I-751. Since it's a form letter type receipt, it auto went out even though his I-751 would be denied/rejected according to ICE. His employer won't get in trouble unless HSI/DHS decides to do something. I have contacted them quite a few times and they refuse to act, because they say too many other cases out there that are more important. We are going to try to go into the DHS office next week and talk about that as well.

I'm definitely going to try for the FDNS. Have an infopass appointment for next week, so I will see what we can do there. Thank you so much for that document!!!

I really appreciate all the time you put into this. I hope I can get something done with this!

[TBoneTX 45,303]

One overly judgmental and accusatory post has been removed. Post constructively or don't post.

[Boiler 45,522]

Let us know if you have success, judging from what has been posted here, many have tried without joy.

[ydu1 6]

Only a judge can terminate his status and also an extension letter is not auto-generated. The guy is still in status, he successfully added one year to his status and by the way the i-864 will never be rolled back just give it up.

Tbonetx/monkey-guy stop abusing your moderator privileges.

Edited February 4, 2015 by ydu1

[Villanelle 4,122]

I dont know what was removed from the thread but it doesnt matter ydu does have a very good point-

some people post here way too much (paragraphs)- like me, and some people post way too little (cryptic sentences) like Boiler, and then some post drips and drabs of the story and leave out details that make gigantic differences or say at the intro they are well versed and then drop a bombshell that changes everything...

You were quite insistent his GC was revoked for fraud. Fully 100% revoked.

This sentence I wrote right here back a page was missing a word. Im surprised no one caught it, probably because of how I babble but usually people are on point correcting things when misspoken.

You said

Said his GC terminated for marriage fraud and termination of marriage prior to 2 years. A NTA was sent out and he was placed in removal proceedings. And then they said, he would have an opportunity to try to argue against it in front of an IJ.

But they won't do anything unless something triggers a look at his file.

Which he filed for ROC I-751, even though he had his GC terminated (according to ICE).

I replied with- needed the words in red (my mistake)

This all sounds totally ++++. Exactly what you expect to hear.

card is wanting to be revoked you get a NTA, you can go before an IJ to argue your case- he apparently did not

Because as its been said many times only the IJ can revoke it. Again the NTA just means they have a case against you. The initial blank date isnt that uncommon.

BUT it shouldve been followed up with a second NTA with a date on it for him to appear. When he failed to appear at that hearing the proceeding wouldve went on with out him and the card would be revoked and a removal order would be placed on him. But since there was no other hearing it was just like everything stalled right there.

ydu is right the noa on his 751 means they accepted his filing. It wont be approved if he had a NTA on his GC that was never resolved.

SO the question I would think is most important to find out is why a date has not been set yet for him with the immigration court. One thing to consider is this- over flooding of courts.

http://www.visajourney.com/forums/topic/534596-immigrants-could-wait-until-2019-to-have-cases-resolved/

-----------

I really wish some of the other knowledgeable member would add some input to this-

basic overlay

Mr had 2 yr GC (couple divorced)

NTA was issued for fraud with no date- no follow up NTA with date so he never appeared, no further action taken by court as of yet

Mr filed 751 got NOA for it

So GC is now expired, 751 will not be approved under those conditions and Mr will be out of status.

Whomever she is talking to ICE?DHS seems to be saying wait until 751 is ruled on and the file is back at the field office.

Where I am imagining they will see the NTA never went anywhere and do something about it no?

Best course of action if she doesnt wish to wait is to in some way contact field office have date set for court?

[Boiler 45,522]

This is not up to her, I understand that she is an interested party but that is as far as it goes.

As has been pointed out this is a low priority situation and could take many years before the first court hearing, and it is unlikely to be resolved then. It is quite possible to drags these on for decades.

[Villanelle 4,122]

Sadly yes, I have to agree.

You are at the beginning of a very long road to a resolution. Initially it seemed like you were closer to the end (which I have to admit was exciting as I have been walking a road for a very many years and its tiring)

You gave the impression that the NTA was issued (no date) but the proceedings went on and his card was revoked by the IJ, and he sent in his 751 anyway and they were going to let it run through the system kicking his A file back up to their attention-- and then they would??? I dunno you didnt say what they said they would do when it go back to the service center and their attention- pick him up? issue him another NTA?

It doesnt really matter because if the first NTA never got heard in court his card was never revoked. It will eventually sort itself out- but theres not much you can do.

Sure you can try to expedite the service center for the 751. You can attempt to get his case into court. But once its there- nothing more you can do. There is no more 'expediting' at that point. And it can take years and years in immi court. There are layers of hearings and appeals. (if he failed to appear a great deal of ####### would be eliminated because he would only be left with appeals) But you cant control what he does or how much money he spends on this.

Believe it or not there are advocacy groups that help fight court cases like this. And I do get your what about the 'victims rights' angle. It really is just not fair. But they also have in this country the whole innocent until proven guilty in court thing so the accused also have rights. If you were accused of something or were facing something serious like deportation you would demand the time to prepare a defense and not just a notice to appear and have to toss together something trial quickly.

Thats extremely difficult for me to say with out cringing, because I believe the whole system is flawed. There are times it works and times its exploited severely. My dear immigrant dragged out his criminal case for 6- thats right s-i-x years in court. Then we have the appeals and immigration doesnt act until they are exhausted. Now with all the reform Obamas made so much has changed with what they consider priorities in the court. How long youve been here- how many offenses etc etc. Its complicated. Bottom line is deportations are down- lots of amnesty programs are up.

The best advice I can give you, and I know its hard- is to try not to be such an interested 3rd party anymore. Because thats in essence what you are. Just let it be and let it play out how it plays out. Take care of you and your own.

You seem to be such a good and honest and ethical person. Please trust that you do not put down people you sponsor on the 864 on loan or financial applications. Your dependents are only people you list on your tax returns.

The chances you receive a bill from the gov for benefits he received are incredibly slim. He would first have to receive them. Most LPRS are exempt from getting them for the first 5 yrs except in certain areas and again it rarely happens that they attempt to collect.

For him to attempt to sue under the 864 is ludicrous. He has a NTA for fraud. Hes on the path to removal. He would have to hire an attny which would cost him thousands. He would not win the case if an attny would even take it.

Just let him fade from your life...

Also I dont know why but for some reason I thought you were in Massachusetts and I quoted you statues there for ROs. I see now you are in Minnesota. Its really not that different.

What is the legal definition of domestic abuse in MN?

This section defines domestic violence for the purposes of getting an order for protection.

In Minnesota, domestic abuse is defined as:

• Physical harm, bodily injury, assault (such as hitting, kicking, slapping, pushing, stabbing, choking, burning) between family or household members,
• Making a family or household member afraid of imminent physical harm, bodily injury or assault. This includes threats of physical harm or assault.
• Terrorist threats, such as threats to commit a crime of violence, bomb threats or brandishing a firearm.
• Criminal sexual conduct committed against a family or household member by another family or household member (such as forced intercourse or forced sexual contact; or intercourse or any other form of sexual contact with a minor).
• Interference with an emergency call. This includes preventing someone from calling 911 or other emergency phone numbers or interrupting/ending an emergency call.*

To read the exact wording of the statute, please see Subd. 2. Definitions. on the MN Statutes page.

* Minn. Stat. § 518B.01(2)

You can file for an OFP (for yourelf and/or on behalf of your minor children) if you or your minor children have been the victim of domestic violence, as defined by MN law, by:

• Your spouse or former spouse
• Any blood relative
• Someone you live with or lived with in the past
• The parent of your child (including unborn child, if you are currently pregnant)
• Someone you have been involved with in a significant romantic or sexual relationship.

SO why in the world were denied an order? Did you have help applying? There are organisations that can help you. When you say denied- denied like you went in front of the judge and he found no merit or just told no you cant have one by the clerk?

Also it seems in your state you can sue your abuser- in small claims court or some attnys will do it on a continent fee.

http://www.womenslaw.org/laws_state_type.php?id=333&state_code=MN