meauxna

<koff> Those over-40 eyes are *so* weak, aren't they?

Jan Schaumann

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* Folinskyinla wrote:

    > > Why would GC holders be required to carry the GC with them?
    > >
    > > To the best of my knowledge, I am not currently required to carry my
    > > passport or visa with me at all times, nor are US citizens required to
    > > carry their passport with them.
    > >
    > > That is, it is my understanding that under most circumstances hardly
    > > anybody is actually entitled to request to see your authorization to
    > > be in
    > > the country -- regular law enforcement, for example, can not ask you
    > > to
    > > produce your green card.
    > >
    > > Am I wrong?

    > Section 264(e) of the Immigration & Nationality Act. Note defintion
    > found at 101(a)(3).

Alright, I'm wrong. Well, uhm... "interesting".

But now I'm curious: am I also wrong in my understanding that regular law
enforcement cannot actually ask you to produce your GC/visa?

- -Jan

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nettlebed

It is my understanding that you can be required to produce it only by a duly authorised (or authorized) immigration officer. However, there has in the past been political pressure in police in, e.g., Seattle to check the immigration status of people who come to their attention in any way. The unions have resisted this, so right now I doubt that your immigration status would be checked manually* by a police officer.

Nettlebed

*However, with the new spiffy automated data access systems in cop cars, I would be very surprised if immigration status (or lack of it) doesn't end up available automatically in real time to cops everywhere soon enough.

Rete

I believe that is a state law and not federal.

scrubbedexpat099

I think the of the people, for the people days are long gone.

For the lobbyists by the lobbyists might be a better description.

But if I have my history correct, this would go back to the Boston Tea Party, I seem to remember this was organised by US Merchants objecting to a reduction in taxes and their lose of monopoly. Which is not quite the common portrail.

I am not saying the US is alone, just much more blatant here.

Matthew Udall

So, one would list the details and then the CIS officer would take a closer look at this during the naturalization process to see if this is going to be something to prevent approval. Remember, they say checking yes does not necessarily mean they will deny the N-400. And they also remind the applicant that not being honest in answering is a completely separate offense.

Now we are talking about question 16, which also has its own yes and no answer boxes. But I think I now understand what you are referring to. They do have a “table” below question 21 where one lists details and the language on that table really does not fit question 15 too well as the table headings all seem to assume an arrest, a citation, a detainment or a change and question 15 covers situations where none of those things happened. I’d probably just use a separate sheet of paper and list the question 15 details to the best of my ability (or try to make the table work… list the events, no date arrested, no place arrested, and no charges filed and let the adjudicating officer take it from there). That way, at least they can’t complain that one was not being honest when answering the question on the N-400.

If one feels yes is the appropriate answer and checks yes, the officer adjudicating the N-400 will then take a closer look. Checking yes does not necessarily mean they will deny the N-400.

Since part of my reply dealt with archiving evidence of certain activity on the net, how about question 22c for those who (knowing they are communicating with someone currently outside the United States) may have encouraged others to bypass the K-1 process and instead immigrate to the U.S. with a tourist visa (I’m not sure if encouraging someone to do this or pointing out this possible course of action would be the same as “helping” them)?

But I can tell you that I filled out an N-400 for a couple of different clients recently, and when it came to question 22f, when the client indicated “no”, I specifically asked, “So are you saying you didn’t place a bet on the recent Super Bowl”? (and of course, if they placed their bet in a lawful way…. In a casino for example, this would not apply… and I like how they crafted the question to cover those who “won” their bets and those who didn’t).

Matthew Udall

I like that (e) does not apply to kids under 18. I would think most kids start carrying a wallet by that age (which is handy for carrying the card).

I recall asking an INS officer (at this time, it was still called the INS) at a spousal interview in San Jose if my client should carry around his passport with the AOS approval stamp in it until he received the actual card in the mail. The officer thought it was an interesting question, and suggested that to be on the safe side my client should do just that.

hcj1440

Oh goodie. Here I was worrying that I had been flouting the law the entire time I was an LPR (from age 11 to age 17). My mom kept my GC with my passport under lock and key, I was not to handle either document unless I was traveling internationally.

It's a good thing I didn't carry it around with me, I believe my wallet was lost/stolen at least 3 times in those 5-6 years. I wasn't grounded for losing my own money, but suspect I would have been if I had lost my GC.

fatbrit

But what we really need to know is whether you have ever worn suspenders in Nogales? Be honest, now!

Rete

Guess going to confession won't help. God might forgive a sin but the USCIS will hold you to it forever. Or is it just some people.

BTW Jim has never bet on a game, super or not. He does speed a lot in his car and didn't answer this question in the affirmative. I guess you should report him and have his naturalization taken from him for fraud. You have his particulars, so have a go at it. Wouldn't want you to feel that you have in some manner contributed to the defrauding of the US Government by allowing his US citizenship to remain valid.

Can I be stripped of my birth right citizenship for my real thoughts? Perhaps I can then reclaim my German citizenship.

Matthew Udall

What on earth are you talking about? Edit, Oh, "speeding". Sorry I misread that at first. Why don't you advise him :-)?

All I'm saying by pointing out my follow up question about the betting is that they ask about certain things. Giving an honest answer might not be a problem. Giving a dishonest answer might be more of a problem than simply answering honestly.

Rete

Advise him about what????????????? Not speeding? Done that. Didn't and doesn't help. And yes, I helped him with his petition. I was above board like a sweet old lady is suppose to be. I even signed it stating I did. Actually I signed that I completed all the forms. Oh no, I confessed to something that is going to be archived for the lifetime of usenet.

fatbrit

So if you know what follow-up questions the IO might ask an applicant on this one, please do share them. Otherwise you are just lighting fires...

We have the betting one. Are there any more you know about?

Matthew Udall

The questions are right on the N-400. I think you can get a copy from the CIS website.

Rete

that's not what he is asking you.