How a routine immigration interview turned into an arrest

[Dashinka 24,493]

12 minutes ago, NikLR said:

I understand the first part.  Second part well, yeah, failure is learning.  

 

Still doesn't change the fact she should have had a lawyer knowing she had past immigration issues.  Hindsight is 20/20 though.

Still trying to find out how you know she didn't have a lawyer from the posted story.  The story did mention a lawyer, but it did not say if the lawyer was hired before she started down this path.

[charmander 692]

Some of you would remember I shared another arrest in Boston area recently. Another illegal trying to become LPR thru marriage, arrested at USCIS interview. That guy had a lawyer. Lawyer claimed he didn't have any criminal record, etc.

 

Anyways, I found out that guy was eventually released with a GPS bracelet. http://www.salemnews.com/news/local_news/brazilian-man-detained-by-ice-back-home-in-beverly/article_b64e2926-932b-51f7-a585-925e21925d6f.html

 

The Globe article shared above says it is the 14th arrest in New England area of similar sort within last year. I think ICE is now picking the low hanging fruits. If you're an illegal trying to gain legal status, they will pick you up at the USCIS interview. So far I have not seen a deportation news on these. Will follow up if I come across anything else.

[TBoneTX 45,284]

If people are here illegally, how in the world can they legitimately expect NOT to have their status found out and dealt with at some point?  Spin the roulette chamber often enough, and the bullet* will eventually come out.

 

*"Safer guns and safer bullets."  -- Joycelyn Elders, former U.S. Surgeonette General

[bcking 3,157]

"In 2016, rules were finalized that allowed immigrants who applied for residency through their spouses to seek a waiver to remain in the country while their applications were pending."

 

Anyone know more about this waiver? Would it not apply because she had already overstayed and was already ordered deportation?

 

If it didn't apply, and yet they applied for it, you'd think back in 2016 they would have heard something saying that the waiver wouldn't apply.

Edited March 13, 2018 by bcking

[Dashinka 24,493]

6 minutes ago, bcking said:

"In 2016, rules were finalized that allowed immigrants who applied for residency through their spouses to seek a waiver to remain in the country while their applications were pending."

 

Anyone know more about this waiver? Would it not apply because she had already overstayed and was already ordered deportation?

 

If it didn't apply, and yet they applied for it, you'd think back in 2016 they would have heard something saying that the waiver wouldn't apply.

If they are referring to the I601, then I thought the person still had to leave the country while it was being decided, but I could be wrong.

Edited March 13, 2018 by Bill & Katya

[charmander 692]

1 hour ago, bcking said:

"In 2016, rules were finalized that allowed immigrants who applied for residency through their spouses to seek a waiver to remain in the country while their applications were pending."

 

Anyone know more about this waiver? Would it not apply because she had already overstayed and was already ordered deportation?

 

If it didn't apply, and yet they applied for it, you'd think back in 2016 they would have heard something saying that the waiver wouldn't apply.

I have limited understanding so far but before the waivers there was the 3/10 year ban rule depending on how long you stayed illegally. You leave US for 3 or 10 years, then go thru the regular consular interview process, etc. After waivers introduced (601) this ban could be waived in certain scenarios. They also changed the rule (601A) the applicant had to stay out of country while the waiver was pending. Now they can still be in US throughout the process, and once waiver is approved, get out of US and have consular interview and get back in with legally CR1/IR1. I'm sure some VJers fall in this category, would be good to check their timelines.

Edited March 13, 2018 by charmander

[bcking 3,157]

1 minute ago, charmander said:

I have limited understanding so far but before the waivers there was the 3/10 year ban rule depending on how long you stayed illegally. You leave US for 3 or 10 years, then go thru the regular consular interview process, etc. After waivers introduced (601) this ban could be waived in certain scenarios. They also changed the rule (601A) the applicant had to stay out of country while the waiver was pending. Now they can still be in US throughout the process, and once waiver is approved, get out of US and have consular interview and get back in with legally CR1/IR1. I'm sure some VJers fall in this category, would be good to check their timelines.

So based on all of those options it seems like even if she did qualify for the waiver, she didn't follow the proper instructions required by the waiver.

 

The article's section on that is a bit misleading.

[charmander 692]

12 minutes ago, bcking said:

So based on all of those options it seems like even if she did qualify for the waiver, she didn't follow the proper instructions required by the waiver.

 

The article's section on that is a bit misleading.

The procedure is not clear to me either but in the other instance I shared, they used a lawyer, I’d assume the lawyer knew what they were doing. 

 

I just saw there is a dedicated VJ section for waivers and seems very active. Those folks could enlighten us but I doubt any follows the CEHST. 

[Cyberfx1024 7,980]

2 hours ago, charmander said:

Some of you would remember I shared another arrest in Boston area recently. Another illegal trying to become LPR thru marriage, arrested at USCIS interview. That guy had a lawyer. Lawyer claimed he didn't have any criminal record, etc.

 

Anyways, I found out that guy was eventually released with a GPS bracelet. http://www.salemnews.com/news/local_news/brazilian-man-detained-by-ice-back-home-in-beverly/article_b64e2926-932b-51f7-a585-925e21925d6f.html

 

The Globe article shared above says it is the 14th arrest in New England area of similar sort within last year. I think ICE is now picking the low hanging fruits. If you're an illegal trying to gain legal status, they will pick you up at the USCIS interview. So far I have not seen a deportation news on these. Will follow up if I come across anything else.

Oh I remember you posting this before. He was working illegally and he had a driving with no license ticket.

[NikLR 13,227]

4 hours ago, Bill & Katya said:

Still trying to find out how you know she didn't have a lawyer from the posted story.  The story did mention a lawyer, but it did not say if the lawyer was hired before she started down this path.

By the assumption that a decent immigration lawyer would have said, you can't do this... Granted I have not had to deal with any immigration lawyers so if they are advising people to do something that won't help them, that's a greater issue than this thread.  So based on the assumption that a decent immigration lawyer would have told her that she cannot adjust status, I assume, which may be wrong I admit, that the lawyer came into view after she was arrested. 

 

She should have filed an I-601A.  She stays in the country until that is approved, then she can do consular processing and return without incurring the ban.  She could not adjust status without a legal entry.  Lets be honest, just reading HERE would have let her know that.  

Edited March 13, 2018 by NikLR

[Dashinka 24,493]

1 minute ago, NikLR said:

By the assumption that a decent immigration lawyer would have said, you can't do this... Granted I have not had to deal with any immigration lawyers so if they are advising people to do something that won't help them, that's a greater issue than this thread.  So based on the assumption that a decent immigration lawyer would have told her that she cannot adjust status, I assume, which may be wrong I admit, that the lawyer came into view after she was arrested. 

I completely agree, that if she attempted to do this without a lawyer, she was misguided.  I think the original comment regarding using a lawyer or not was a bit off as most of the time I see this question the responses are always with a complicated case such as one requiring a waiver, an attorney should be consulted.  Personally, I don't remember anyone saying do a waiver yourself, but I don't hang out in the waiver forum very much, so I could be off.

[NikLR 13,227]

Just now, Bill & Katya said:

I completely agree, that if she attempted to do this without a lawyer, she was misguided.  I think the original comment regarding using a lawyer or not was a bit off as most of the time I see this question the responses are always with a complicated case such as one requiring a waiver, an attorney should be consulted.  Personally, I don't remember anyone saying do a waiver yourself, but I don't hang out in the waiver forum very much, so I could be off.

People try to, but are generally advised against doing waivers etc alone.   Just the fact she attempted to adjust status makes me believe there was no lawyer, but an incompetent one could have been present for sure. 

[bcking 3,157]

The situation is clearly a little different but when my wife came to visit me while her IR-1/CR-1 application was pending, we contacted an immigration lawyer in Houston. She had a terrible experience at immigration in the airport and was genuinely scared to do it again and was not planning to visit me again until after the process was completed as a result. It gets to a comment someone here made about how you shouldn't be scared if you are doing everything appropriately. We were doing everything appropriately, but the people at immigration treated her like a criminal first, then ask questions later. Since that was going to be at least another 9 months, we wanted to know our options. 

 

The lawyer came well recommended and was very experienced. For what it's worth, his advice was for her to overstay her visitor visa and adjust status. Live as an "illegal" until the application was approved. He argued we would have less time apart, and she would likely get through the process quicker than if she went home as planned and waited it out.

 

We declined and waited it out, but it didn't really give me a very high opinion of immigration lawyers. 

[Voice of Reason 10,298]

6 minutes ago, bcking said:

The situation is clearly a little different but when my wife came to visit me while her IR-1/CR-1 application was pending, we contacted an immigration lawyer in Houston. She had a terrible experience at immigration in the airport and was genuinely scared to do it again and was not planning to visit me again until after the process was completed as a result. It gets to a comment someone here made about how you shouldn't be scared if you are doing everything appropriately. We were doing everything appropriately, but the people at immigration treated her like a criminal first, then ask questions later. Since that was going to be at least another 9 months, we wanted to know our options. 

 

The lawyer came well recommended and was very experienced. For what it's worth, his advice was for her to overstay her visitor visa and adjust status. Live as an "illegal" until the application was approved. He argued we would have less time apart, and she would likely get through the process quicker than if she went home as planned and waited it out.

 

We declined and waited it out, but it didn't really give me a very high opinion of immigration lawyers. 

So a lawyer advised you to break the law and take your chances, just so it would reduce your time apart.  Ok.

 

You did the right thing by not following that horrible advice.

[bcking 3,157]

6 minutes ago, IDWAF said:

So a lawyer advised you to break the law and take your chances, just so it would reduce your time apart.  Ok.

 

You did the right thing by not following that horrible advice.

That was exactly our reasoning/thought process.

 

As I said he came very well recommended, and it was merely a free call for advice. We got his number through a friend of my father's, and he had over 30 years of experience. He seemed very honest about his advice, and quite confident. He basically said "Look I know this sounds wrong but the process for her to adjust status would be quicker in the long run, and she wouldn't need to leave". 

 

I have no idea how true his advice was but even if it was truly quicker we declined. Similar to you, I felt it odd that a lawyer (a legal expert) was advocating breaking the law. It reflected poorly on him, in my opinion. However, if he was right (and I have no reason to believe he wasn't) it also reflected poorly on the system in general. Honestly if the border control treated us with respect, and like human beings, we would not have even asked. We were fine with waiting, we just wanted to be able to see each other with reasonable frequency (Every 6-8 weeks) without being placed in a windowless room for over an hour, interrogated, and treated like a criminal. I haven't even spoken to a single border control agent in the UK in the last 3 years, and I've visited about 8 times since then.

Edited March 13, 2018 by bcking