allow me to vent

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
Ghost: so how do you "know" that his wife didn't lie or commit fraud to get her tourist visa? or lie to our border officials when she arrived in the US? Or that there really was some kind of medical emergency? How do you "know" with a 100% certainty????? Where did you get your crystal ball?
We have rules and laws for a reason....someone in adjustment of status loses that process if they leave the US unless they receive AP....period....no matter what stories they tell....otherwise, as I said, everyone who wanted to avoid the AP process would just lie and say they had to visit a sick relative in their home country.....this is such a simple concept....but then, it was obviously too much for you to comprehend....(no surprise there) </div></BLOCKQUOTE>
So, now we are getting into lying here. This is not a question of lying here but a question of immigration process only. Unfortuneately, the OP situation is common even if the wife came on a K1 visa and had to leave for legitimate reasons without obtaining advanced parole or humanitarian parole. And considering that the process takes 2 to 4 months to process, it was a difficult situation in which one had to choose and stay in the US for an easier adjustment status or choose family for a medical emergency. By her leaving, she abandoned her status and now the OP has to refile the paperwork and pay the appropiate fees. This will take another 2 years at least. Finally, this situation further proves that the immigration system needs to be reformed substantially with family based immigration. The processing times are way too long and there is no alternative for the immigrant or family members if the only avenue is not reasonable given the circumstances.

[Someone12]

I did not say that someone lied...I ask Ghost how he/she "knew" with a certainty that the events I described didn't happen....and of course, there was no answer.
Congress established the rules for AOS and AP requests....some people choose to follow the rules, others think the rules should only apply to others....well....too bad for the second group.

[KaCee]

"The difference between a smart person and a wise person is that a smart person knows what to say and a wise person knows whether or not to say it." -- Quote found on the wall of a recreation center office in Berkeley, California.

Someone12--your above comments suggest you lack the ability to be neither smart nor wise!

In addition,the government does understand people make honest mistakes (notice the use of the word honest giving the individual the benefit of the doubt). Please refer to the Immigration Judge Benchbook for plenty of examples whereby extenuating circumstances and the human condition play a significant role in decisions made by the bench.

Never attribute to malice that which can be adequately explained by stupidity." (carelessness, poor judgement, STRESS..)

You are truly ignorant!

[macyuhoo]

Don't vent to far 'cause you might get hurt.

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KaCee:
"The difference between a smart person and a wise person is that a smart person knows what to say and a wise person knows whether or not to say it." -- Quote found on the wall of a recreation center office in Berkeley, California.

Someone12--your above comments suggest you lack the ability to be neither smart nor wise!

In addition,the government does understand people make honest mistakes (notice the use of the word honest giving the individual the benefit of the doubt). Please refer to the Immigration Judge Benchbook for plenty of examples whereby extenuating circumstances and the human condition play a significant role in decisions made by the bench.

Never attribute to malice that which can be adequately explained by stupidity." (carelessness, poor judgement, STRESS..)

You are truly ignorant! </div></BLOCKQUOTE>
I think you have hit the nail on Someone12's coffin.

[Someone12]

so let's hear about your insider knowledge about this event???? Were any of you idiots around when the OP's wife applied for her tourist visa or admission to the US? (no) Why is it you morons have no respect for US laws, no respect for the sovereignty of this nation and instead wish to castigate our laws, lawmakers and those who enforce the laws....what a bunch of hypocritical dufuses.
I think if I added up your collective IQs, it would not sum up to even three low digits.
What do you geniuses really know about immigration laws?

[KaCee]

Well, in a perfect world if everyone were as "upstanding" and conscience of right and wrong such as you, there would be no need for laws. Ethical behavior on the part of everyone would allow us to govern ourselves.

However, people are not perfect! Therefore we have a framework in the form of laws to guide and deter.

That being said, the Constitution, as Hudson implied above, is ever changing and new laws are written or revised to deal with our ever changing society. I would be unrealistic to expect things to forever remain the same. Instead we see new precedents taking shape where a convincing argument was made.

One final note....as I said before the government bears witness to these mistakes everyday and has documented these extenuating circumstances in numerous immigration manuals and documentation used by INS officials everyday. You can't just pick and choose what you like out the Immigration Act and cast the rest aside. Last time I checked the sum of the parts made up the whole.

I'm OUT!

[Houston]

I respectfully dissent. The Constitution is not an ever-changing instrument, as it is not an instrument of law. The Constitution is a declaration of intent, it defines the structure and fundamental values of a nation. The United States is a product and a creature of the Constitution. Assuming the Constitution to be ever-changing produces anomalous results as it would provide for a different nation each time such changes occur. The Constitution has indeed been amended but only to provide clarifications as to its original language. The Bill of Rights in particular does not change the substance of the Constitution nor does it create rights by statute. On the contrary, the Bill of Rights protects civil liberties of the people against governmental intrusion, civil liberties the framers intended remained intact regardless of any law or legislation, civil liberties that are fundamental to the kind of nation the Constitution constructs. Conduct within the United States is regulated by law and ordinance, being dynamic in nature, they are created, modified and repealed to adapt to times and circumstances but, all of them without exception, must pass the Constitutional test. The phrase "American values" means nothing more than Constitutional values, as the United States is created and defined by the Constitution and not the other way around.

[Someone12]

In a perfect world, people would obey the rules and behave like responsible adults instead of whining law breaking idiots.

[Someone12]

and furthermore, the OP is whining because his spouse cannot use (or abuse like the first time) the tourist visa...because...she is not a tourist...she has no plans of returning to Panama after a 2 week visit...she is planning to continue to adjust status...so the OP is mad because the border officials ARE DOING THEIR JOB ENFORCING THE RULES THAT THIS MORON SHOULD REALIZE IS PART OF LIFE IN THE USA.

[tap]

My wife was here on a J1 visa. She was working. She was nevere here illegally. She actually left to go back to Panama before her visa even expires. So, she never overstayed at all. Someone12 - I understand your concerns, but my wife was never here illegally. Unfortunatley, I simply received bad legal advice. However, I've since found out that my wife may possibly be allowed back in the country as long as she indeed received her advance parole, which I'm expecting in about a month, even if she left the country before she indeed received it. It will take some manuevering on my part, but I'm hopeful everything will turn out okay. The one thing that has me so upset about this situation is the stupidity of lawyers. I don't trust them at all anymore. I just hope I can resolve this situation, and I hope the government does have some compassion for what was an honest mistake. And the laws DO need to be changed. You can't have someone waiting around 2 years being afraid to leave the country when they want to visit their family. Why does it even have to be an emergency? People have lives. Not everyone is just trying to shove their way into the United States to live here. My wife was nearly devestated that she'd have to leave her country and stay here permanently, but she decided to do that because she loves me. And she should still be able to visit a sick relative or see her mom and dad when she wants without having to deal with such a hassle to just get back into the country to be with her husband. Sure, if I understood all the particulars of the law, I would not have allowed her to go, but not even the lawyers seem to understand all the particulars. Even a second lawyer I consulted with didn't bother to tell me that the immigration officers at the airport could still allow my wife in "at their discretion" even if they realize that she left before advance parole was indeed granted.

On a happy note, I spoke to someone at the airport my wife will be arriving at who said there would not be a problem if she has the advance parole when she comes back even if she left before she actually had it. So, I am just hoping to death that they grant it to her and it comes in the mail as I expect in early November. If not, I have to go the K3 visa route, which will be really hard because we both already miss each other so much, but hey ... I'll fly down every couple months for a single day I guess on the weekends. A sad use of money for a just a day at a time, but there is no way I'm going to let the government separate us for a whole year. It all strikes me as ridiculous. They need to change the laws to make all this easier.

Well, enough. I don't want to think about it anymore. Just want to get to November so I can figure this out one way or another.

[Someone12]

Again, the rules are there for a reason. Might it not be simpler to disallow adjustment of status except from a fiance visa, for example? Then there would be no need for advance parole.
There is a cost for not returning to one's country to file for the proper visa, and this is an example.
She cannot be legally admitted with the J visa, probably because it is expired, but even if it weren't, the program she was doing has and that would raise more red flags. Right now she has no valid travel document, so the airlines won't board her because they would face a $3300 fine....which they would not be happy (nor willing) to pay...would you?
As for your comments about immigration attorneys, I heartily concur. A more greedy and useless bunch of people doesn't exist anywhere else on earth (well, except perhaps TV evangelists)...

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by tap:
My wife was here on a J1 visa. She was working. She was nevere here illegally. She actually left to go back to Panama before her visa even expires. So, she never overstayed at all. Someone12 - I understand your concerns, but my wife was never here illegally. Unfortunatley, I simply received bad legal advice. However, I've since found out that my wife may possibly be allowed back in the country as long as she indeed received her advance parole, which I'm expecting in about a month, even if she left the country before she indeed received it. It will take some manuevering on my part, but I'm hopeful everything will turn out okay. The one thing that has me so upset about this situation is the stupidity of lawyers. I don't trust them at all anymore. I just hope I can resolve this situation, and I hope the government does have some compassion for what was an honest mistake. And the laws DO need to be changed. You can't have someone waiting around 2 years being afraid to leave the country when they want to visit their family. Why does it even have to be an emergency? People have lives. Not everyone is just trying to shove their way into the United States to live here. My wife was nearly devestated that she'd have to leave her country and stay here permanently, but she decided to do that because she loves me. And she should still be able to visit a sick relative or see her mom and dad when she wants without having to deal with such a hassle to just get back into the country to be with her husband. Sure, if I understood all the particulars of the law, I would not have allowed her to go, but not even the lawyers seem to understand all the particulars. Even a second lawyer I consulted with didn't bother to tell me that the immigration officers at the airport could still allow my wife in "at their discretion" even if they realize that she left before advance parole was indeed granted.

On a happy note, I spoke to someone at the airport my wife will be arriving at who said there would not be a problem if she has the advance parole when she comes back even if she left before she actually had it. So, I am just hoping to death that they grant it to her and it comes in the mail as I expect in early November. If not, I have to go the K3 visa route, which will be really hard because we both already miss each other so much, but hey ... I'll fly down every couple months for a single day I guess on the weekends. A sad use of money for a just a day at a time, but there is no way I'm going to let the government separate us for a whole year. It all strikes me as ridiculous. They need to change the laws to make all this easier.

Well, enough. I don't want to think about it anymore. Just want to get to November so I can figure this out one way or another. </div></BLOCKQUOTE>
I am assuming that when you and your wife got married, you filed the I-130 and I-485 together? Second, if your wife came on a J visa, is she exempt from the residency requirement or not? And why are you waiting for November? Is that when you will know the I-130 will be approved or not?

I understand your frustration with your situation, and the law is very restrictive for an alien is in the process of adjusting the status and that alien leaves the United States, even for a short period of time.

[Hudson]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by KaCee:
Well, in a perfect world if everyone were as "upstanding" and conscience of right and wrong such as you, there would be no need for laws. Ethical behavior on the part of everyone would allow us to govern ourselves.

However, people are not perfect! Therefore we have a framework in the form of laws to guide and deter.

That being said, the Constitution, as Hudson implied above, is ever changing and new laws are written or revised to deal with our ever changing society. I would be unrealistic to expect things to forever remain the same. Instead we see new precedents taking shape where a convincing argument was made.

One final note....as I said before the government bears witness to these mistakes everyday and has documented these extenuating circumstances in numerous immigration manuals and documentation used by INS officials everyday. You can't just pick and choose what you like out the Immigration Act and cast the rest aside. Last time I checked the sum of the parts made up the whole.

I'm OUT! </div></BLOCKQUOTE>
I was not implying the Constitution, but federal laws as dictated by Congress with the subject matter falling under Article 1, Section 8, cl 3.