K1 Visa, ICE came to my house.

[SunflowerSweet 1,321]

I question the use of the term "voluntary" regarding her handing over her passport, since any action that came about as a result of fear/threats I would considered that coercion. Bills are being pushed to make sure the law recognizes this clearly as well. It's already been used as an argument for coercion in a number of human trafficking trials I've personally worked on.

 

I don't know what sort of demeanor these officers had, but it's reasonable to assume that anytime ICE shows up at your door it's going to be intimidating, especially in the current climate. I know I would be nervous, even as a USC who works for the government and knows immigration law pretty extensively from multiple sides.

 

I would suggest getting in contact with an embassy as well as possibly reaching out to one of the many organization the Dallas area that work on immigrant legal issues. At the very least, I am sure those organizations will want to know about this experience. If you were in Houston I would be able to give you some specific names, but I'm a little less familiar with Dallas. I personally don't find their hypothetical willingness to return the passport as that important in terms of reaching out for help when they took it under questionable circumstances to begin with. 

 

My husband and I filed our AOS late due to our joint sponsor losing his job when the company he worked at for 16 years closed unexpectedly. I would be livid if the result of that had turned into this level of harassment. 

[Highmystic 234]

8 hours ago, Alhaji said:

@missileman only thing I can think of is I been having problem putting my wife on my apartment lease so I can have it ready for our Green card interview and been having problem doing it with my leasing office, maybe they called or a neighbor. But I don't have anything to hide especially she's here legally and we ready to start a family

This could be true.  Wife should get EAD in a few months as well.  I would not be surprised if some racist neighbor called ICE and reported "an illegal", not knowing that she is in status.    Had she not been,  (and they know it) they would have taken her with them.  Maybe they are just trying to save face by over reacting.  Best of luck to the both of you and please keep the VJ people updated when you know more.

[SalishSea 17,829]

OP, sorry you guys are going through this.  I thought for a moment it could be due to the length of time after marriage before you filed for AOS, but we’ve seen lots of people here lately who have done that with no attention from ICE.

 

please keep us posted.

[Carpe Vinum 2,327]

8 hours ago, geowrian said:

It would only be a violation of rights if they were refused entry but came anyway, or if they took her involuntarily. Being permitted entry and/or being told to show up somewhere later is not a violation of rights. There’s a difference between upholding your own rights (not letting ICE inside without a valid arrest warrant, or refusing to hand over your passport) and somebody violating your rights by telling you to show up or else you could face penalties.

 

Also following this to see if it’s a one-off case or if it is part of a larger enforcement movement.

This is why I tell my wife not to answer the door when I'm not there. Where she is from in the village people come and go at will....

[Beth & Achraf 328]

10 hours ago, Alhaji said:

Wife came in US on k1 visa November 2018, got married January 11, 2019, I94 expired February 12 Filled AOS April 12 due to financial situation, did biometric May 16 June 26, 2019 ready for interview on USCIS site. ICE came to my house while I was at work July 5 due to I94 expired. Wife didn't get arrested but visit ICE office July 9. Took her passport and said we have to check in every month, should I be worried ???

So if you went to the ICE office today July 9th, what did they say for the reasoning of taking her passport?    What triggered them to even show up at your apartment?

[Alhaji 11]

@Highmystic yeah but def keep you guys posted

[Alhaji 11]

@boris64 yeah is crazy, just like you say it could be part of the raid going on with ICE and just happen to fall in it for whatever reason. Taking the same approach as far as my wife not to answer the door for no one. Keep you updated.

[Alhaji 11]

@MorganandMichael very unfortunate situation and little stressful playing the waiting game . I use to live in Houston by the way and visit frequently, def can visit the organization when I come out there in a few weeks

[Alhaji 11]

@Jorgedig yeah, a little calm today but we have all our documents from 129, 485, etc so def keep you updated

[Going through 5,671]

1 hour ago, Beth & Achraf said:

So if you went to the ICE office today July 9th, what did they say for the reasoning of taking her passport?    What triggered them to even show up at your apartment?

I and others have asked that a few times in this thread already, and also what their response was when (hopefully) asked by OP why she has to check in monthly... I'm presuming OP must have had a slew of questions to ask them that day...no clarification/response on that from OP as of yet.

[JFH 12,190]

I’m wondering if the AOS paperwork was filed in the married name and they could not find an AOS file in the name of the K-1 visa holder and so assumed she had not filed. Although you have to provide more identifying information than your name. I’m guessing the wife didn’t show the NOA from AOS to prove it had been filed when they were at the door. So she could not demonstrate to their satisfaction that she had filed and is in a period of authorized stay. 

 

Whilst she was indeed out of status for 2 months there have been many people lately who have been out of status a lot longer who haven’t had ICE at the door. Wondering if she had come to the attention through some other means. Has she been working? Did she try to access some form of welfare? 

Edited July 11, 2019 by JFH

[JC&BS 75]

11 hours ago, Bill & Katya said:

I agree, she should not have surrendered her passport, but also agree, the stress may have been too much for clear thought.  This is similar to LPRs that are requested to surrender their GCs at a POE.

What?! Why?

[SalishSea 17,829]

12 hours ago, Loren Y said:

I just hope they aren't on a kick to start making examples of people who don't file AOS in a timely manner ( Before 90 days is up), and your wife ends up being the example to show they are cracking down.

This is my thought as well.

[Pitaya 2,577]

This is a strange case indeed. I hope that it all works out in your favor.

 

Regarding the unannounced visit by ICE to a private residence, sounds kinda a fishy. Meaning, it sounds like someone may be trying to cause you some trouble and undue attention. It would be easy to do, call ICE on a public phone and claim you have heard that "so and so" may be here illegally and they are from Nigeria. ICE agents have been known to do respond to just those types of "tips."  It is known that the current executive administration has been issuing executive orders trying to "enhance immigration enforcement."  Is this an attempt to collect the "low-hanging fruit" by ICE an enhanced enforcement tactic? This surprise visit by ICE agents could be a sort of "Perfect Storm"-like scenario.

 

The requesting and surrendering of an "alien spouse" passport doesn't sound OK at all. At the very least she should have asked for, and received, a receipt for it from the ICE agent, if they were not forthcoming with a satisfactory to the obvious question of, "Why do you want her passport?" Getting all of the agents' ID# and business cards should have been done. There seems to be a lack of chain of custody of the passport.

 

As it appears to stand now, she likely has no approved photo ID. Even if she tries to travel domestically, I would be worried about possible issues with TSA and CBP. She is stuck inside her home. That is nonsense, for a person that sounds like she is trying to start a new life in the US. Happy Fourth of July to the new immigrant !!!

 

What is the legal rationale for requiring these people to do a monthly visit to an ICE office? Is this like a paroled inmate having to report monthly for their parole officer? What is their offense? 

 

Time to lawyer up, I wouldn't be surprised if an organization, such as, the ACLU would like to get involved in this kettle of fish.  A legal professional would likely have a field day with all of the apparent bill of rights violations. Is this another chilling example of jack-booted thugs depriving citizens their rights? 

 

Keep in touch with updates.

 

Good luck on your immigration journey.

 

 

Edited July 11, 2019 by Pitaya (火龙果)

[.yana 597]

Have no advice, unfortunately, but wish you luck, OP.

 

I imagine not having your own passport in your possession must be very stressful. Hopefully this situation resolves soon!