K1 Visa, ICE came to my house.

[KozmicBlues 592]

On 7/10/2019 at 5:38 AM, Ironclad43 said:

That's a really tough situation. I don't know why ICE would have a monthly check-in or why they took her passport. I think that's the main thing you need to find out. Your wife is legally in the United States while her permanent resident status is being adjudicated. She's either here legally or illegally, there's nothing in-between. 

 

Wow Universities posting documents about how to evade ICE if you're an "undocumented immigrant." That's detestable. 

 

 

yea.. helping HUMAN BEINGS understand their rights is so detestable. 🙄 

[junkmart 320]

On 7/10/2019 at 7:38 AM, Ironclad43 said:

Wow Universities posting documents about how to evade ICE if you're an "undocumented immigrant." That's detestable. 

Knowing one's rights in order to not be taken advantage of by ICE or any law enforcement agency is not evasion.

[HRQX 4,145]

24 minutes ago, junkmart said:

Thank you. I realize I sort of hijacked OPs thread, but greatly appreciate the information.

The article incorrectly labels LPR a "visa holder": https://thinkprogress.org/border-patrol-visa-holders-5c072acf1d83/

Quote

Official CBP policy dictates that an I-407 form should only be offered if the [LPR] has spent more than a year outside the United States, has failed to file income taxes, or has committed a crime serious enough to warrant deportation. Additionally, the Inspector’s Field Manual for Customs and Border Protection reads: “The inspecting officer must never coax or coerce an alien to surrender his or her alien registration document in lieu of a removal hearing.”

 

[jkstark 97]

On 7/10/2019 at 8:38 AM, Ironclad43 said:

That's a really tough situation. I don't know why ICE would have a monthly check-in or why they took her passport. I think that's the main thing you need to find out. Your wife is legally in the United States while her permanent resident status is being adjudicated. She's either here legally or illegally, there's nothing in-between. 

 

Wow Universities posting documents about how to evade ICE if you're an "undocumented immigrant." That's detestable. 

 

 

Actually, for context, the document is part of the CUNY site for Citizenship Application Assistance that is provided by the university for individuals to apply if they qualify.  Nothing in the document mentions anything about undocumented immigrants at all, though the rights technically remain the same.

 

The root site for the document is http://www1.cuny.edu/sites/citizenship-now/

The chapter is from this document:  http://www1.cuny.edu/sites/citizenship-now/wp-content/uploads/sites/12/media-assets/2017-Call-In-Training-Manual.pdf

 

I've not read through the entire document, but it does appear to be a reasonably good guide for immigration, along with pointers to where to turn if you have concerns and/or further questions.

For those in the NY Metro area, of note is the fact that they (CUNY) also offers free immigration assistance.

 

Detestable? Not in my mind, but rather a good resource to have for those who find themselves in need of some extra assistance...

 

[fip & jim 452]

There is information on the ACLU website (American Civil Liberties Union) and the National Immigration Law Center about how to deal with various scenarios that could happen with the police or ICE. I think it's wise to read through. It's easy to panic when interacting with a person that has authority. Some states have  "stop and identify" statutes. It doesn't take long to do an internet search to find out your rights and what you should do according to the law where you live. As immigrants we come from countries that have different laws and customs and may not realise the difference here in the States. 

[Okie77 0]

If you have a K visa and don't timely file for AOS, you're just rolling the dice.  

 

My reading of the situation is that there is actually no safe harbor from accruing ULP if a K visa holder doesn't timely apply for AOS status before the I-94 expires.   The day after the I-94 expires, you begin accumulating ULP days.  If you didn't file on time, then ULP accrual is just suspended while an the AOS is being adjudicated.  If the AOS is denied, ULP will accrue from the day the I-94 expired without any allowance for the AOS proceeding.   If it's granted, then the ULP that accrued between the I-94 expiring and filing goes away.     

 

She won't be getting her passport back until she boards a deportation flight (court ordered or voluntary) or has a valid visa in hand.   

 

Nothing alleged here is atypical of how ICE handles people with ULP who entered legally pending an immigration decision.

 

Edited July 12, 2019 by Okie77

[HRQX 4,145]

1 hour ago, Okie77 said:

If the AOS is denied, ULP will accrue from the day the I-94 expired without any allowance for the AOS proceeding.

The DOS Foreign Affairs Manual states otherwise: https://fam.state.gov/fam/09FAM/09FAM030211.html#M302_11_3

Quote

DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

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(5) (U) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated);