Riff on Legal Presence for K1s

[TracyTN 237]

You know, the more I read your kind replies, the more I think the issue is his deep-seated fear and distrust of authority figures. Getting stopped at two Border Patrol roadblocks when we first got here just about did him in, even though he knew that there'd be no issue. I think he realizes that he can't be deported, but getting questioned terrifies him...he was shaking so hard at his K1 interview that he almost couldn't sign the consent form!

I think we'll have to work on this....

Sorry for that, meowmix...I should have known that you were talking about the weird Big Brother scenario!

That makes me

Maybe Caladan's suggestion would help then - go in and meet some of the local police, or find out if you have a friend of a friend who is an officer that you guys could meet in some kind of social setting. Maybe that would remove the 'stigma' of the officers being 'out to get him' and make it more personalized for both your husband AND the officer.

My brother in law is a sheriff's deputy, and he has NO problems with any legal immigrant - nor would he stop someone of Mexican heritage 'just because'. There are bad apples that can spoil any lot - maybe having your hubby meet some of the 'good apples' would help.

[GabachaYucateca 0]

Sorry, I kind of mixed up the two...yes, ICE at the grocery store and laundromat and staties and local authorities for all the other times.

Yeah, I do know some of the good apples through my job...so maybe that'd help, especially because several of the local cops know that I had to go to Mexico to pick him up!

Edited August 15, 2007 by GabachaYucateca

[Gaby&Talbert 1]

I was the one accused of overreacting gotcha. Ask around to the hispanic community how they feel. If you are from Canada you look like every other American ans speak English you are not likely to be harrassed. I am not saying everyone is against hispanics they aren't but in some places and with some people they are treated differently that other nationalities. I haven't seen any big protests about Canadians crossing the border lately. I know the majority of illegal immigrants may be hispanic but I dont want my family to be harrassed because the federal government can't control our borders.

[bszoom42 0]

According to: \ slb \ SERVICE LAW BOOKS MENU \ OPERATIONS INSTRUCTIONS \ OI 214 Nonimmigrant classes. \ OI 214.2 (k)

http://www.uscis.gov/propub/ProPubVAP.jsp?...6e567466bdcae3a

(6) Call-up control. After the admission of the beneficiary, upon receipt of the petition and relating documents in the files control office they shall be placed in the relating "A" file and filed in the travel control section chronologically by date of the beneficiary's admission so that it may be located readily and also used as a call-up. When an application for permanent residence status is filed by the beneficiary, the "A" file shall be removed from the control and the application processed. Upon the expiration of 90 days from the date of admission, if an application for permanent residence has not been filed by the beneficiary, the "A" file shall be removed from the control and appropriate action taken.

So, assuming the AOS is filed within 90 days, it looks like there is no mandate for action by government - so at least they shouldn't be hunting K-1's down after 90 days...

[KarenCee 3]

I was the one accused of overreacting gotcha. Ask around to the hispanic community how they feel. If you are from Canada you look like every other American ans speak English you are not likely to be harrassed. I am not saying everyone is against hispanics they aren't but in some places and with some people they are treated differently that other nationalities. I haven't seen any big protests about Canadians crossing the border lately. I know the majority of illegal immigrants may be hispanic but I dont want my family to be harrassed because the federal government can't control our borders.

Well...to be honest, did you actually answer the question? I don't think anyone here is trying to demean you or negate your fears about what *MIGHT* happen. IMHO there was a bit of overreacting in your posts. It is unfortunate that anyone of Hispanic descent are the ones targeted for questioning and such, but there are just as many that aren't treated in the way you mention.

As for the preschool comment...meh, I seriously doubt the authorities will come to any preschool and start deportation of preschool kids that are Hispanic. The authorities cannot barge in and do such a thing like you suggest. Just make sure your child has proper documentation and you don't have anything to worry about IMHO.

[athena_ny 1]

I was the one accused of overreacting gotcha. Ask around to the hispanic community how they feel. If you are from Canada you look like every other American ans speak English you are not likely to be harrassed. I am not saying everyone is against hispanics they aren't but in some places and with some people they are treated differently that other nationalities. I haven't seen any big protests about Canadians crossing the border lately. I know the majority of illegal immigrants may be hispanic but I dont want my family to be harrassed because the federal government can't control our borders.

Last I checked, Peruvians are Hispanic. My husband has been mistreated a time or two...but hey, still never ever ever stopped and asked for papers - and he was out of status for FIVE YEARS. His (even browner!) friends who have been here for over FIFTEEN YEARS have never been stopped and asked for papers - and I know they are out of status as well. My husband has never had this fear of being stopped by immigration, he refuses to live his life in fear - because guess what, with something like half the Florida population being Hispanic, they'd have a hella hard time stopping every single one, and even if they could, HE HAS HIS PAPERS. If you have the paperwork to SHOW you are legal, you won't get deported. As for any children, they will be US citizens...how the hell is a US citizen going to get deported when they're a citizen by birth? Think about what you are saying, and how absolutely ridiculous you sound. You're drawing lines in the sand between "Hispanics" and "Everyone Else" and it's only that way if you make it that way - my Peruvian family members refuse to think/feel that way, so it doesn't manifest itself.