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afrocraft

Recent worrisome immigration enforcement actions

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Five years after she became a citizen. The question isn't about the gravity of her conviction; if she'd had the same issue after becoming a citizen, her naturalization likely wouldn't be at risk. The issue is whether she should've confessed to a crime she didn't believe she'd committed at the time of the application for naturalization.

Edited by afrocraft
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Filed: Other Country: Canada
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On 7/9/2018 at 3:55 PM, afrocraft said:

Be careful there. If you read on, you'll see that she wasn't even convicted of any crime at the time of application. The government appeared to base it's case on this question, which I guarantee you the vast majority of applicants answer incorrectly:

 

"Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?" (emphasis original).

 

Even the Supreme Court's Chief Justice seemed incredulous:

 

"Last summer, the Supreme Court heard a court case about how broadly the government could use answers to that question to revoke citizenship. The U.S. attorney argued that it could for any crime, even something as small as driving five miles over the speed limit, an example provided by Chief Justice John Roberts as a crime he had committed but never had been arrested for."

This is such a good point.

 

I agree with you that it is very very likely that the majority of applicants who never got arrested, charged or convicted of any crime would answer 'No' to that question (and the majority of those who answer 'No' would be technically 'lying'). Remember that even smoking weed is considered a crime that can render you inadmissible, even if you have never run into trouble before.

 

The charge came much later after her naturalization, yet the government is still pursuing denaturalization. 

 

It's interesting to contrast this with the naturalization application requirement for Canada, where it is explicitly only asking if you have ever been charged or convicted. 

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Filed: Citizen (apr) Country: Russia
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On 7/9/2018 at 4:43 PM, afrocraft said:

You might be unfamiliar with how the justice system works. Many innocent people plead to reduce the cost and stress of an investigation. But don't ignore the general point: that the government now wants you to confess to any crime you may have ever committed -- or else.

Many guilty people take a plea deal to reduce the punishment of their crime.  I guess she has another legal issue she will have to fight in front of an immigration judge to prove that she did not know her employer was committing a crime at the time she participated which led to her plea deal.  Generally not knowing something is a crime is not a defense.

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Filed: Citizen (apr) Country: Ecuador
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Four bickering/noncontributory posts have been removed.  Discuss the topic objectively, or administrative action will be applied.

 

VJ Moderation

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(!).

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Is there a reason every single thread grappling with the proposed changes to Public Charge definition is being locked?

 

These reports are coming from the White House itself, it isn't just speculation, and it is something that will affect many (most) of us, since Health Insurance was not only legal but mandatory.

 

The whole point is that the admin is trying to make this change retroactively, so why is discussing this matter not okay?

The Trump administration is expected to issue a proposal in coming weeks that would make it harder for legal immigrants to become citizens or get green cards if they have ever used a range of popular public welfare programs, including Obamacare, four sources with knowledge of the plan told NBC News.

The move, which would not need Congressional approval, is part of White House senior adviser Stephen Miller’s plan to limit the number of migrants who obtain legal status in the U.S. each year.

Details of the rulemaking proposal are still being finalized, but based on a recent draft seen last week and described to NBC News, immigrants living legally in the U.S. who have ever used or whose household members have ever used Obamacare, children’s health insurance, food stamps and other benefits could be hindered from obtaining legal status in the U.S.

Edited by jb914
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Filed: Citizen (apr) Country: Ireland
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Not every thread is being closed; simply those that re-hash the same argument or descend into bickering.  Individual threads of members being worried about their own cases have been left open too, despite many reports from some members to close them.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: K-1 Visa Country: Wales
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3 hours ago, little immigrant said:

I don't know if this was already posted somewhere but I wanted to mentioned it anyways:

 

https://www.cnn.com/2018/08/19/us/ice-detains-california-pregnant-womans-husband/index.html

 

I just feel bad for the new mom.

Because she chose to marry an illegal?

“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.”

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2 hours ago, Boiler said:

Because she chose to marry an illegal?

They were married and came to the States and are both illegal. For this I don't feel bad. I just felt for her when she was at the gas station not knowing what to do and about to give birth alone. There is a video of it. 

 

They're now saying he was wanted for homicide. If that's true I'm glad they got him. 

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Filed: K-1 Visa Country: Wales
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They had at least one obvious option that would have avoided the situation.

“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.”

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Filed: AOS (apr) Country: Australia
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I was actually thinking...

 

"Is her C-section covered under emergency medicare?  She had 5 children in the US... how did all these deliveries get paid for.....If her and her husband are illegal here?" 

 

 

 

Edited by AshMarty

01/31/17.... K1 Visa Approved

02/03/17.... K1 Visa Received in Hand

06/05/17....Arrived in the USA (LAX)

06/24/17....Married on Cape Cod <3

 

07/10/17....Sent AOS package (I-485, I-131, I-765)

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07/21/17.... Received mailed hardcopies of NOA1s

07/29/17.... Biometrics Notice received in mail 

08/01/17.... Biometrics Appointment AOS - complete (walked in)

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Filed: K-1 Visa Country: Wales
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Their status does not preclude them from buying Insurance.

“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.”

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5 minutes ago, Boiler said:

Their status does not preclude them from buying Insurance.

MediCal is pretty much given out like candy so my guess is that they did not pay for it. 

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21 hours ago, little immigrant said:

I don't know if this was already posted somewhere but I wanted to mentioned it anyways:

https://www.cnn.com/2018/08/19/us/ice-detains-california-pregnant-womans-husband/index.html

I just feel bad for the new mom.

Why? The C section was planned and they obviously were looking for him because supposedly they stopped to get gas and ICE just surrounded the car. 3 out of 5 children are US Citizens. 

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