Guardian report: I-130 applicants arrested by ICE at USCIS

[Dowbs 11]

Just reading this article: https://www.theguardian.com/us-news/2017/apr/01/green-card-arrests-undocumented-immigration-trump

 

In summary, a man was arrested by ICE when he was at his I-130 interview with his (US citizen) wife at a USCIS office in Massachusetts. He did not have a criminal record, and has several US citizen children with his wife, but did have an order of deportation against him. It seems that USCIS called ICE.

 

Four others were detained the same day. This case is particularly concerning because I thought overstays were forgiven when you filed (?? Or is that just for AOS?):

 

"[ICE also arrested]...a Brazilian woman in her late 30s, [who] is also married to a US citizen and has a US born teenage child. ... She came to the United States in 2001 and overstayed her visa. She does not have a criminal record, [her lawyer] says. She was detained immediately after she and her husband were interviewed for I-130 approval, which would have paved the way to her obtaining a green card."

 

Mods, please move this post if it's not in the right place!

[Dowbs 11]

Update: this is the original article by WBUR: http://www.wbur.org/news/2017/03/30/green-card-ice-arrests-lawrence

 

The USCIS office where this happened was in Lawrence, MA. All the arrested persons had prior deportation orders.

[Transborderwife 4,666]

I mentioned this yesterday in another post.  It's pretty sad as the answer is usually to get right with the law.  These people were trying to and were still arrested 

[f f 725]

simply put the i130 only creates a visa number for you to be eligible for a green card. the i485 is what gives you the green card. so only submitting the i130 without the other will not prevent a deportation. they messed up not ice.

[Transborderwife 4,666]

2 minutes ago, f f said:

simply put the i130 only creates a visa number for you to be eligible for a green card. the i485 is what gives you the green card. so only submitting the i130 without the other will not prevent a deportation. they messed up not ice.

 

2 minutes ago, f f said:

simply put the i130 only creates a visa number for you to be eligible for a green card. the i485 is what gives you the green card. so only submitting the i130 without the other will not prevent a deportation. they messed up not ice.

Indeed but why would they need to meet with uscis for I-130 approval?

[f f 725]

only guess is they did not know. since the spouse is a usc they could have done concurrent filing. or even filed it at the interview.

[Transborderwife 4,666]

1 minute ago, f f said:

only guess is they did not know. since the spouse is a usc they could have done concurrent filing. or even filed it at the interview.

True but I read that they were called in for a 40 minute interview 🤔

[JE57 239]

As we have seen deportations it seems that there are many stories out there that suggest are not telling the 'whole' story.  You have to ask yourself, why, are people who have been in the USA for years are married to USC spouses and have kids not already in possession of a green card.  Have not already filed for Adjustment of Status etc.?   Further, I wonder how someone who has overstayed a visa and (especially a tourist visa) managed to pay taxes without a social security number?  Or for that matter how they were employed without a social security number?   Sadly as good as the media can be I think the folks on this site know more and can do some sanity checking of what is being reported perhaps with a bias.

[Transborderwife 4,666]

2 minutes ago, JE57 said:

As we have seen deportations it seems that there are many stories out there that suggest are not telling the 'whole' story.  You have to ask yourself, why, are people who have been in the USA for years are married to USC spouses and have kids not already in possession of a green card.  Have not already filed for Adjustment of Status etc.?   Further, I wonder how someone who has overstayed a visa and (especially a tourist visa) managed to pay taxes without a social security number?  Or for that matter how they were employed without a social security number?   Sadly as good as the media can be I think the folks on this site know more and can do some sanity checking of what is being reported perhaps with a bias.

1) they may not have known about the process.  More often than not that's the case

2) ITIN is the usual answer

3)fake SSN.  In some cases it's not a legal crime

[sparkles_ 456]

Guys, the key here is a final order of removal. These people were not even removable or in proceedings, it appears that a judge had already signed the final order. It's a risk game one plays when they have a final order, go for the i130 interview and hope to pass so the order can be reopened and terminated. 

[JE57 239]

2 minutes ago, Transborderwife said:

1) they may not have known about the process.  More often than not that's the case

2) ITIN is the usual answer

3)fake SSN.  In some cases it's not a legal crime

Sorry the questions were intended more as rhetorical questions.   The stories I've read are tragic and I truly feel bad for the families involved but I also question if there may not be more to the stories and that there may be a bias on the part of the story as well.  

[sparkles_ 456]

16 minutes ago, f f said:

only guess is they did not know. since the spouse is a usc they could have done concurrent filing. or even filed it at the interview.

You are forbidden from doing concurrent filing while in removal proceedings. Required to get an i130 approval to move to the 485. 

[Transborderwife 4,666]

14 minutes ago, JE57 said:

Sorry the questions were intended more as rhetorical questions.   The stories I've read are tragic and I truly feel bad for the families involved but I also question if there may not be more to the stories and that there may be a bias on the part of the story as well.  

Yes agreed but I've seen things asked so many times it's kind of like a tick I answer automatically 

[Boiler 45,756]

The Graun is know for twisting stories to suit its agenda. One of the clues is when they do not allow comments.

[Shiobhan 235]

2 hours ago, JE57 said:

As we have seen deportations it seems that there are many stories out there that suggest are not telling the 'whole' story.  You have to ask yourself, why, are people who have been in the USA for years are married to USC spouses and have kids not already in possession of a green card.  Have not already filed for Adjustment of Status etc.?   Further, I wonder how someone who has overstayed a visa and (especially a tourist visa) managed to pay taxes without a social security number?  Or for that matter how they were employed without a social security number?   Sadly as good as the media can be I think the folks on this site know more and can do some sanity checking of what is being reported perhaps with a bias.

Dont judge on this forum, here a person just wants direction, some have been fearful of regularizing,some

was waiting for reform that may address their situation. Look at the medical Indian couple in TX who for 20 yrs, they

were waiting for GC with renewal of work permits, they bought a home had 2 children, and was told this week the

games change they will not renew their documents,they are given few weeks to wrap things up. The wife who

have delicate surgeries to perform, one next week on someones spine can be nerve wracking getting that news.

So dont judge why it take so long, wish people well and be glad you life is perfect

The US cannot take in everyone , but a case by case basis and empathy at times goes a long way. ITINS are what

they use to pay tax

Edited April 1, 2017 by Shiobhan