Beware bad information on AOS deadline for K1 (fresh out of jail)

[eckoin 211]

The best thing that can come of out of OP's extremely unfortunate--and in my opinion unfair but laws are laws etc--experience, is that it can be referred to when people throw out "overstays are forgiven for spouses!" spiel. 

 

Sure, but the major caveat is that you cannot come into contact with police or immigration officers. And many people think that translates to, "don't break any laws," which means they've never been in a car accident in the US, at fault or not. Let alone just being asked for identification in general--just coming into contact with any representative of the law can put your status in question. This is why some people refuse to act as witnesses. 

 

OP - thank you for posting your horrible experience, and I do think people can learn from it. I hope it gets sorted out sooner than later. 

[SpaceAge 33]

2 hours ago, eckoin said:

The best thing that can come of out of OP's extremely unfortunate--and in my opinion unfair but laws are laws etc--experience, is that it can be referred to when people throw out "overstays are forgiven for spouses!" spiel. 

 

Sure, but the major caveat is that you cannot come into contact with police or immigration officers. And many people think that translates to, "don't break any laws," which means they've never been in a car accident in the US, at fault or not. Let alone just being asked for identification in general--just coming into contact with any representative of the law can put your status in question. This is why some people refuse to act as witnesses. 

 

OP - thank you for posting your horrible experience, and I do think people can learn from it. I hope it gets sorted out sooner than later. 

Thank you

[Hypnos 6,577]

7 hours ago, geowrian said:

It is quite common for LEOs to ask for IDs of passengers. They typically run them to make sure there's no warrants or similar.

It's important to note that in most states passengers can be asked for ID, but are not required to provide ID.

[eckoin 211]

15 hours ago, Hypnos said:

It's important to note that in most states passengers can be asked for ID, but are not required to provide ID.

This is true, but they can ask for ID if they have "reasonable grounds of suspicion." 

 

Any passenger, or any person who is not driving or flying really, can do the "am I being detained or am I free to go." In theory, a passenger would be free to go, and they could go. 

 

In practice, that makes the officers suspicious, and even though being suspicious of not being provided ID is not valid grounds to detain a person, exactly that has happened before. You're free to sue the police department and the individual officers for wrongful detainment, but you know how that goes. 

 

Add this to the fact that only US citizens are actually protected by the rule, and non US citizens do have to carry ID at all times, there isn't much you can do. The only hope is that the officer isn't being an *******--but that's just my opinion and maybe others disagree that this is an ******* move. 

Edited May 12, 2019 by eckoin

[Ontarkie 14,307]

~~Nine posts removed for derailing and bickering back and forth. Thread locked to further replies as the OP was sharing her experience and warning others what could happen. She did not share to be lectured.~~