US Immigration from Canada

When police arrest people for suspected crimes, the U.S. Constitution requires them to show probable cause to a judge within 48 hours. But Immigration and Customs Enforcement (ICE) does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

That may need to change.

A federal appellate court in California recently did something that is at once simple and radical. The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. "The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate," the court said. This really shouldn't be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person's freedom is an essential safeguard against tyranny. It's something we all should be able to take for granted.

Yet it is a big deal. Since the 19th century, immigration enforcement has existed in a constitutional shadow land where the usual rules do not apply. When ICE arrests people, the only immediate review is from the ICE officers themselves. It may take the immigration court weeks to hold a hearing, and typically at the first hearing the judge may deal only with procedural matters.

https://thehill.com/opinion/immigration/516740-a-federal-court-may-have-declared-immigration-arrests-unconstitutional

Hi there! This is my very first time on the page, so absolutely any help would be so appreciated! I was born in canada and naturalized through my mom marrying an american before I was 18 years old. I then moved back to canada after spending 12 years in the USA. Now i am engaged to a canadian only. I just recently bought a house in Washington state, but live in canada still. We are getting married in August 2021. Does any one know if there is a way to get him a visa while we are both still living in Canada ? If not, is there a certain amount of time I have to be living in the states before we can apply? Also, is there a visa that will allow him to cross to and from canada every day as his work is in canada? So many questions! Appreciate any help at all! Even if its just answering one of my questions! Thank you so much!

My fianc and I are waiting for his K1 interview at the Montreal Embassy. He was previously here on a J1 visa from September-December 2018 but hasn t spent the entire 2 years in Canada due to him being a student in the UK from January-June 2019. We re almost 100% sure he isn t subject to the 2 year Home residency requirement because Canada isn t on the skills list, he didn t receive graduate medical training, and his program was 100% funded by his parents and it says personal funding on his DS-2019 which we plan to bring to the interview. Unfortunately he doesn t have his J1 visa because the consular officers at the border took his visa (apparently that s what they do with Canadians) and his DS-2019 isn t marked either. I m still very paranoid that he ll be denied due to the 2 year rule and was wondering when in the K1 process they look at that? Do they look at the K1 interview or during adjustment of status? I ve heard different things about when they would check? And how would they check? Do they have a copy of his J1 visa? Will they ask for his DS-2019 and make a determination there? What if his J1 visa wrongly states he s subject as what I ve seen with many people? How could they make a determination based on that?

On 12/23/2013 at 10:00 AM, camden said:

Search for Julie Salako on here, she brought both of her stepsons over successfully.

Hi, Camden (or anyone else who can help)!
Can you please direct me to this info?? I wasn't able to find anything by Julie Salako using the VJ search function.

Thanks!

Nov 2019 filer here -- just received an RFE stating that my wife and I "didn't submit sufficient evidence showing that we share responsibility for our assets and liabilities." Looking at the list of what we provided vs what they're requesting, I'm not sure what else we can send to help prove that.

What we sent:

• Last two years of leases
• Life insurance policies
• Proof of shared medical insurance
• 2017 and 2018 tax transcripts
• Proof of our joint checking account, with a list of all transactions
• Proof of shared credit card account, with an assortment of bills
• Proof of shared mobile phone account, with an assortment of bills
• Affidavits from 2 friends
• Photos

In the RFE, they listed the documentation that they received, and they failed to mention the life insurance and affidavits; the latter I'm less concerned about but it's weird that they missed the insurance policies. Not sure if it's because they just weren't mentioned, or if they could have possibly been misplaced. Alas..

Anyway, we're planning on submitting the following for the RFE:

• Written explanation of our finances set-up (they seemed to unclear how our transaction history shows how we share financial responsibilities)
• Tax information
  • 2019 Federal and State tax return
  • 2019 tax transcript
  • 2017 and 2018 Federal and State tax return to compliment the transcripts already provided: Not sure about this one, as I don't want it to be a duplicate, and for some reason my 2017 return is 350 pages which is a lot for one document
  • 2017, 2018, 2019 W-2 records: Again, not sure if it's additive (the requested evidence specifically calls out W-2s as desirable attachments)
• 2020 apartment lease: To show that we still live together
• Renters insurance coverage summary: To show that we are both on the policy and that my wife's engagement ring is a part of the policy
• Information regarding our new car
  • Vehicle registration showing us as co-owners
  • Geico car insurance declarations page showing us as both insured on the policy
• Credit statements since December 2019: Highlighting (literally) our continual sharing of core household expenses
• Joint bank statements since December 2019: Highlighting (literally) our continual bi-monthly deposits and payment of bills
• Health insurance documents:
  • Proof of shared health insurance: Possibly duplicative, but showing continued coverage
  • Proof of shared dental insurance
  • List of insurance claims showing that we're using it: Not sure if this provides any additional value
• Life insurance documents: Sending again because they didn't explicitly state that they were received

Anything else that we should be thinking of? Affidavits from neighbors or our landlord? It's so frustrating that we're getting an RFE on this, but I understand that the co-mingling of finances might not shown, especially since all of the bills are in my name because I already had accounts and also my wife couldn't work for the first year. Hopefully the description of how our finances are set up, especially with an extra 10 months of statements, help mitigate some of this (perhaps we send the last 3.5 years of statements to be 100% sure that we're covered). Is there anything else that would help show shared responsibility of assets and liabilities? Gas and electric bills that only have my name on them don't seem super impactful, but I want to be as thorough as possible.