IMBRA Enforcement! Public Comment Open Till 9/19/2008

[Admin]

Reference: http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=815534158445+11+0+0&WAISaction=retrieve

Homeland Security and Immigration are soliciting public feedback on their DRAFT of the Domestic Violence Pamphlet mandated by IMBRA.

Provide your comments - pro or con - as per the reference website.

- Dan

[BC]

Just get a blank page here.

[Admin]

Just get a blank page here.

Yep - they must have pulled it. Was working just a few hours ago.

I'll poke around their site and see what they did with it.

- Dan

[Admin]

Link above does not seem to be working - however - thanks to BC, we have a hardcopy in PDF, attached to this message.

- Dan

[BC]

Interesting that use of a keylogger or other methods to monitor communications could be considered domestic violence, same for complaining too much about phone bills.

[BC]

I'm really surprised that this topic has not even raised eyebrows...

I've read the document several times, and it seems that it has been constructed not only as informative material for K immigrants but as a wake up call for sponsors..

Oh well..

[Jet]

Interesting that use of a keylogger or other methods to monitor communications could be considered domestic violence.

Yeah, especially considering the current administration's tactics regarding surveillance of its residents, and the fact that keyloggers are built into many of the new laptops commercially available here (and the fact that they don't disclose it at time of purchase).

[Jet]

Although this pamphlet may do some good for some intending immigrants, there are some really flimsy arguments for its need:

I. Background
Citing the fact that K nonimmigrants
may face a higher risk of domestic
violence in relationships arranged by
International Marriage Brokers (IMBs),
Congress enacted the International
Marriage Broker Regulation Act of 2005

This says nothing; it cites the FACT that they've developed a law based on speculation.

The part that really jumped off the page for me was this:

(7) A warning concerning the
potential use of K nonimmigrant visas
by U.S. citizens who have a history of
committing domestic violence, sexual
assault, child abuse, or other crimes and
an explanation that such acts may not
have resulted in a criminal record for
such a citizen; and
(8) Notification of the requirement
under IMBRA that international
marriage brokers provide their foreign
national clients with background
information gathered on U.S. citizen
clients from searches of Federal and
state sex offender public registries and
collected from U.S. citizen clients
regarding their marital history, and
domestic violence or other violent
criminal history. But that such
information may not be complete or
accurate because the U.S. citizen clients
may not have a criminal record or may
not have truthfully reported their
marital or criminal record. 8 U.S.C.
1375a(a)(2).

I think this unduly elevates the paranoia level of the intending immigrant.

...and why do they need to give it out to each and every person 3 times?  ::)

[Maxx2]

I read what Jet quoted. It angers me the arrogance of these laws. Did you know that a USC spouse is considered a "prohibited source" for the USCIS in their information gathering to see if an immigrant claiming abuse is making a legitimate claim or not?

[BC]

I read what Jet quoted. It angers me the arrogance of these laws. Did you know that a USC spouse is considered a "prohibited source" for the USCIS in their information gathering to see if an immigrant claiming abuse is making a legitimate claim or not?

There is probably a good reason for that.. refer to the Cinderella thread.

[Maxx2]

I can not see that if a USC has evidence of marriage fraud that the USCIS is not to accept it. I know American women who get shut down cold when they go to the USCIS. Here is a letter from yesterday

"Hello,

My story is similar in the fact that I too did everything for the person that I married. I was a good woman, provider and team player. My ex-husband took all that I did for him and turned everything around any way he could to use it against me. From what I understand he received his PR based on him filing a VAWA against me.

The sad part is that man is a total liar and scammer who was a doctor in his home country Nigeria and is now trying to become a doctor here in the states. We too have a son that he named [Admin Edit: Name Removed] only to leave him at 3-weeks old. What alot of people don't know that haven't sponsored a person from a third world country is that many of these people don't marry for love, they Marry for convience, for what they will receive if they were to Marry an American. Such was my ex-husband.

I just want to encourage all Americans and PR to speak up and tell their story if they have been used for a greencard, please, let your legislature in your hometown know about what happened to you, they need to hear from you so maybe once they hear enough they will move to change the way they handle Aliens and the U.S. citizens that marry them. More later........."

There is many stories similar and different to one degree or another from another. USC should be able to go to their government and at least be able to tell their side of things.


Maxx  

[BC]

There is many stories similar and different to one degree or another from another. USC should be able to go to their government and at least be able to tell their side of things.

They can and do, but considering that it's extremely difficult to get to the real truth, they resort to benefit of doubt and just hand out the green cards.

I wonder if anyone has provided comments along the lines of including warnings to USC sponsors.. but guess that's not the intent of this pamphlet, although a USC sponsor will get the 'jist' of things by reading it.

Maybe the better solution would have been joining forces with the feminists in order to get a more balanced pamphlet produced that is distributed to BOTH sponsor and beneficiary.

[ConnerVT]

Maybe the better solution would have been joining forces with the feminists in order to get a more balanced pamphlet produced that is distributed to BOTH sponsor and beneficiary.

That's the thing, BC.  There is no balance in the feminists' agenda.

Back before IMBRA was ratified and signed into law, Jet and I got involved (on a different, non RW forum) in a discussion thread about IMBRA with a number of feminist women.  We offered a number of more equitable, balanced solutions that essentially included all of the protections that IMBRA ultimately contains.  Each was completely discarded by them.

Some of our suggestions included --

-- Offering the same information to male non-citizens as well as female non-citizens.
-- Distributing the IMBRA information with the embassy packet before the interview.

We also brought up several of the *BIG* loopholes that exist in the current IMBRA statute --

-- That only US companies are subject to the law, and the large dating sites (match.com, Yahoo Personals, etc.) are also exempt.
-- While recognizing that domestic abuse is a serious problem, why are these protections only offered to non-citizens, who make up only a very small percentage of the DV that happens in the US?  Why not offer these same protections to US citizens?  Perhaps a background check must be done before a USC marries another USC?  A USC needs to get a special waiver if they wish to marry for the third time?

All of these questions and ideas were summarily dismissed.  There is no middle ground, in their eye, in which to find a balanced answer.

[BC]

That's the thing, BC.  There is no balance in the feminists' agenda.

Back before IMBRA was ratified and signed into law, Jet and I got involved (on a different, non RW forum) in a discussion thread about IMBRA with a number of feminist women.  We offered a number of more equitable, balanced solutions that essentially included all of the protections that IMBRA ultimately contains.  Each was completely discarded by them.

Some of our suggestions included --

-- Offering the same information to male non-citizens as well as female non-citizens.
-- Distributing the IMBRA information with the embassy packet before the interview.

Conner,

At least with these two points were you not successful? (if the GAO recommendations are followed)

I really did not see any gender specific language in the legislation.. did I miss something?

As to the rest of your post.. I understand... In politics it's money where your mouth is.. - sadly.