FBI is getting hard on a RW in America...

[Mishenka]

To most people seeing LEGAL papers come across their desk  shouts serious business.  No one wants to be ignored, especially lawywers.  I would hope they would act on them,  even if it is only a request for information and documentation of this so called "list" she is on,,hopefully it will resolve your issues.

[BillyB]

  You need a lawyer who works with federal law and has some experience in suing the government.    What that does is forces them to act.   The action they take can be to decline your application but they will be forced to take an action.   

Getting legal help is good but suing is not. The FBI may get a little harder on you especially if you lose. My dad went to the Veterans hospital to repair his elbow after he fell. He tore some ligaments and broke a bone. The doctor at the VA hospital botched the surgery and cut some nerves. He lost half the feeling in one of his arms. After talking to some attorneys, they said they'd represent him if it was a private doctor who made a mistake but unless he puts money up front, they will not represent him against the government. Their reasoning is that it's hard to win against the government since judges rarely find the government at fault. It's bad for a judge if he's costing taxpayers big bucks in fining government agencies and it hurts his future political ambitions.

I think the best move is Bruce calling an attorney near FBI headquarters who may know somebody on the inside.

[Turboguy]

I probably made a  bad choice of words in saying "suing the government"   There is no money involved (in the sense that you are not going for a money judgement) and would likely be no hard feelings or reprocussions.    You are suing but to force an  action that should have already happened.   The government is supposed to deal with things in a reasonable amount of time.   That action forces them to make a decision one way or the other NOW.

[Lily]

Bruce, I understand your frustration.  I'd like to answer your question: Why should you have to hire a lawyer?  unfortunately in your situation, I think RESPECT with the FBI has to be earned. Do it yourselfer's are not respected in legal matters in most cases.  Lawyers are respected in in the eyes of the FBI.   If you want to see a torch lit under an agents bum and really resolve this issue, then hire a lawyer to handle it. Why? Because it is amazing how all of the sudden her name will be removed from that list because you followed the "unspoken" rules and hired legal council. It's like being arrested and trying to defend yourself in court on a DUI without a lawyer. They judge will just chew you up and spit you out as he hands down your sentence and revokes your drivers license. Hire a lawyer and your fine will be cut in half and you might keep your license. The advise has been given. There are a few words of wisdom here. If you are not getting results doing the status quo, then hire a professional to handle it.  Remember, in this country you are guilty until proven innocent. regardless of how the law is written, we all know the real world is much different.  I find it sad how we who choose to do things legally are the ones put through the test of fire, when millions upon millions go undetected for years under the radar of immigration.

Best of luck with you and your wife! I am right there with you!
Mishenka & Galina

Michenka, you raise a very interesting point on 'do-it-yourself' approach.

Most of time I was thinking that if a person is knowledgeable enough, he or she should be able to handle the problem by himself, and skip the outside representation. If for instance one is an expert, why should he hire another person, whose expertise is even perhaps not that good as his own?

It looks like that in the U.S. the mere fact that you HIRED a counsel can make one respected.

In Russia, people prefer to do many things themselves. They study lots of related information before asking questions to a pro. Sometimes the fact that one is suing without representation may make an argument in a dispute.

[Serebro]

Why are any Russian women even remotely considering marrying an American man when you could find a Western European?

I am an American and my wife married me.  She has had to suffer innumerable misery at the hands of the US government.  She is not even allowed to establish temporary permanent residency after more than three years of marriage.  She is on a ludicrous FBI list that there is no reason why she was put on to start with, with no end in sight of getting off of. 

I don't know what is wrong with your wife, Bruce, but my answer your question is that there are probably not so many RW who are on this list, that's why they marry AM.

[Phil dAmore]

temporary permanent residency

Isn't that an oxymoron? 

You know, like Jumbo shrimp, or Pretty ugly, or government intelligence?

[Bruce]

Serebro, you are missing the whole point.  There is nothing wrong with my wife or her name at all.  Here in the USA the immigration system is mismanaged at best.  The FBI is incompetent at best.  Who is to blame.  As far as I am concerned the blame clearly rests with George Bush.  He has had almost 7 years in office now.  He can claim he inherited a problem all he likes.  After 7 years the problem is his and he is the problem.

Phil, my favorite two are: "Government Worker" and "Military Intelligence" (government intelligence is about the same).  How about "Good Nazi?"

Galina from Tashkent, excellent points which I assume we will heed in the near future.  It is time for me to stop whining, piss away the money and hope it makes a difference.

[jb]

I don't think Pres Bush is to blame for the problems.  The 1986 Immigration Reform and Control Act (certainly a most ironic title, particularly the "control" part) signed into law by Ronald Regan, granted blanket amnesty for an estimated 2.7 million illegal immigrants and enacted controls designed to stop illegal immigration entirely. Eleven million illegal immigrants later, the failure of that legislation could not be more complete.

What happened after that was the US had 2.7 million new citizens who had immediate relatives still living in Mexico.  They promptly filed a huge raft of applications to bring on board their mothers, fathers, sisters, brothers, aunts, uncles, cousins, etc.  This situation inundated an already thin INS.  The immigration department has never truly caught up with the demand for services.  Thus the Mexicans took matters into their own hands and crossed into the US illegally, knowing that the US has a long history of granting amnesty to scofflaws.  In fact, IIRC, didn't Jimmy Carter grant amnesty to 90,000+ Vietnam era draft dodgers who fled to Canada?

So,,, the problem isn't a new one.

Now, factor in the 9-11-01 attack, and the need to look more closely at immigrants coming from the east, and you can see how it's easy to take your eye off the ball while things get out of control to the south.  Given that the FBI was not prepared to take on additional duties above their traditional role as crime fighters, and a Congress that is terrified at the notion of seeming soft on crime during a wartime era, thus giving the responsibility of ID name checks of would be immigrants to the FBI was like handing off a hot potato that no body wanted.   Mexico has no computer data base on it's citizenry, verifiable police reports are non existent there.  I'm betting the FBI spends the bulk of it's time and resources trying to figure out if a half a million guys named Speedy Gonzales are worthy of a green card, rather than worrying about a hand full of gals named "Smokin'hotkova".   I think its as simple as our wives and girlfriends are just lost in a galactic paperwork shuffle.  We represent such a small percentage of the current immigration troubles that there just isn't enough hours in a working day to do what we need done.

You can blame George Bush if it makes you feel any better, but if you think it's bad now, just wait to see what happens when Hillary gets her hands on the wheel.  I suspect the Ship of State will sail in ever widening circles and nothing will get done any faster.     

[William3rd]

Guys and girls, there was never any intention to enforce the IRCA regs. Reagan wanted the amnesty to allow the cheap labor to remain but they never enforced the regs. Clinton did for a while when things like the el monte slave factory came to light back in 1995/6 but only reluctantly.

As far as the worst president in history goes, he has only proposed a blanket amnesty to allow further deterioration in the wage structure and allowed the prosecution and incarceration of two border patrolmen after they shot an illegal alien drug smuggler.

9/11 is inconvenient for this president because on the one hand he runs around screaming that the sky is falling and the terrorists are at the gate and then on the other hand wants an open border with Mexico because there is no problem. Go figger. He can't have it both ways.

My acquaintances on border patrol are of the opinion- give us the law and let us work with it, changing course every month or two is not working. Lock it down or open it up but following the political wind will never work.

With Hilary, that border will probably open. However, I would not vote for her. There is still hope that she will go into the convention shy a few votes for nomination and that opens it up.

[BillyB]

Who is to blame.  As far as I am concerned the blame clearly rests with George Bush.  He has had almost 7 years in office now.  He can claim he inherited a problem all he likes.  After 7 years the problem is his and he is the problem.

Bruce, what's more important to you, blaming/hating Bush or taking care of business for your wife? Write Bush a letter. He may not read it but his staff may take action on his behalf. My dad's company commander in Vietnam wouldn't allow him to marry my mom during the Vietnam war. He wrote a letter to the Prez and got results and thus today, I exist.

State who you are and what you're seeking. Say you've tried other channels such as writing Hillary in your State with no results. Tell them why this is important to you to clear your wife's name off the FBI list. Write a letter postal and an e-mail pertaining to this issue and state in your letter that you did both. Your effort in trying to get results may get recognized and action may take place.

http://www.whitehouse.gov/contact/

http://www.ehow.com/how_2058482_write-president.html

http://usgovinfo.about.com/c/ht/00/07/How_Write_Letters_Elected0962932964.htm

[William3rd]

One year and 3 weeks until the END of the Bush madness. Troops home just before the election, amnesty- er guest worker program on hold, immigration petitions all resolved. Economy improved -I hope. Yep- myst be an election year.

[jb]

William,

I love you like a brother, but I think you are dreaming.   This situation is not going to be solved until there is a very big fence, with .50 cal machine gun guard towers every 150 yards, across our southern border.  The deal with the two incarcerated border patrolmen is a sign of the times.  No one in Washington wants a closed border.  They'd rather blame Americans than face the truth.

Personally, it makes me sick to my guts.

[Photo Guy]

Right on jb. Most of our politicians have let us down, Republicans and Democrats. I have to laugh whenever someone mentions a 'guest worker program'. It already exists! It's called a WORK VISA! Now maybe we should be talking about modifying our current legal immigration system, to allow more landscapers and dish-washers from Mexico (and elsewhere).
Or maybe not.

We need to enforce our laws, even if that means bringing out the border police. Congress often passes laws just to create an 'appearance' for their constituents. They don't give a crap about enforcement or even the implementation of their concepts. The failed immigration reform Bill would've required poor workers to pay a huge fee of over $3,000 for applying for a visa. Can you picture the typical Mexican worker from a small town in Mexico, coming up with $3,000?!  They'd need to work two or three months here, just to pay the entrance fee. What an idiotic Bill.

      :noidea:    ...I apologize.   ...back to RW

[Bruce]

Billy B - done.  Easy enough for us to do.  All we had to do was pretty much replace Hilliary Clinton with George Bush and mail it.  All it will probably get me is an IRS audit, but what the heck, I am clean anyway  .

Others, good points - the system is one which surely was screwed up over time.  Reagan sure made a bone head move on that one.............but I would rather go back to the 1966 act for screwing things up the USA royally, and go back to other stupid acts with perhaps the ultimate bone head move - suferage (giving the fairer sex the vote). 

[jj]

I can understand your strong feelings at this point Bruce, but hang in there and consider an experienced lawyer located near your interview city, as he or she may have important contacts there.  My k-1 took over 9 months due to administrative processing. It got all the way to Moscow embassy and then for no reason went into review and no reason ever given except Background checks again.  Neither one of us had anything to hide.  We had 19 year age difference and I had my own businesses.  I finally hired an American lawyer out of Moscow married to a RW and within 7 to 10 days and interview date was posted.     I then asked him to recommend an immigration lawyer in my state for Adjustment of Status after we were married.  We contracted with this recommended lawyer for both my wife and stepdaughter (we asked to expediate so she does not age out).   So far, so good, they had their biometrics on Dec 27.  But I do not want to leave anything to chance, so my attorney and myself asked my state representative to stand by in case we need their assistance if there is any delay out of normal time frame.  I reveiwed the paper work after he did it , just to be sure of name spellings and etc.  and had correspondence sent to both him and me, to keep track of it.  Now we await interview.   Like others that you will read about on Visa Journey and Turbo's experience, and then myself , I developed just enought pessimisim to spend several more thousands for some representation if needed.   I am patriotic also , having served 6 years active duty and 14 years reserves, yet we all just numbers in the system, so it unfortunate that some of us take longer in the system than others.  It seems all legal immigrants applicants are treated like illegal immigrants because it is such a controversial subject.  It will work out for  you!  I hope it works out for us too on time!

[Jet]

So far, so good, they had their biometrics on Dec 27.  But I do not want to leave anything to chance, so my attorney and myself asked my state representative to stand by in case we need their assistance if there is any delay out of normal time frame. 
Now we await interview.   

JJ,
That's a swell notion, and I honestly do hope it works out the way it's supposed to for you and your wife, but don't bank on it.
Our interview was held on January 13 2004, and just like Bruce, we've contacted our Senators, and Rep. We've contacted attorneys who are HIGHLY respected in our area that refused to take the case, stating that the FBI would be able to shoot it down "in the interest of National Security". Following Muckraker's posts in the immigration section of this site we've embarked on a letter writing campaign to Dubbaya & Laura, the head of the FBI, the Attorney General and the head of our local BCIS district office. We're awaiting responses. The last supervisor we spoke to at the 800 number suggested waiting for an additional 6 months of "no action" before another "in person" visit. That will have elapsed at the end of January and we plan to be down there (hopefully with these responses in hand) asking for expedited processing of our name check. When they refuse, which they will, we'll move ahead with the Mandamus suit. This was my wife's FIFTH Christmas in the US 

The failed immigration reform Bill would've required poor workers to pay a huge fee of over $3,000 for applying for a visa. Can you picture the typical Mexican worker from a small town in Mexico, coming up with $3,000?!  They'd need to work two or three months here, just to pay the entrance fee. What an idiotic Bill.

Photo,
Just how much to you think guys like Bruce and I have already paid with no GC in sight? Dude, I assure you, $3000 would be a bargain AND if Lil's GC were approved tomorrow it would still take her 9 to 11 years from the time she entered to get her citizenship! From our perspective, the failed immigration reform Bill, was looking like a shortcut!

[William3rd]

William,

I love you like a brother, but I think you are dreaming.   This situation is not going to be solved until there is a very big fence, with .50 cal machine gun guard towers every 150 yards, across our southern border.  The deal with the two incarcerated border patrolmen is a sign of the times.  No one in Washington wants a closed border.  They'd rather blame Americans than face the truth.

Personally, it makes me sick to my guts.

For years I always felt that the best way to handle immigration was to assign the violators to one year at hard labor building the wall that you suggest. We would get our wall and they would learn a trade. . . . . . sort of like the wall in Escape From New York.

JB- I agree with you 100% on this issue.

Happy New Year to you and yours.

[BC]

I find it kind of ironic that Americans now talk about building walls.

What are they going to call it?

[Mishenka]

Michenka, you raise a very interesting point on 'do-it-yourself' approach.

Most of time I was thinking that if a person is knowledgeable enough, he or she should be able to handle the problem by himself, and skip the outside representation. If for instance one is an expert, why should he hire another person, whose expertise is even perhaps not that good as his own?

It looks like that in the U.S. the mere fact that you HIRED a counsel can make one respected.

In Russia, people prefer to do many things themselves. They study lots of related information before asking questions to a pro. Sometimes the fact that one is suing without representation may make an argument in a dispute.

Hello Lily,, How have you been?  True,  in the US, lawyers have a whole different meaning than in Russia, depending on what area of law they practice. For example I have a degree in contract law but I will still hire an attorney to handle immigration issues. I would hire an attorney to handle most legal matters. However,, I usually end up, as you say,, researching, study, and know every detail so I can help my attorney do his job well and WIN.  I have had 13 personal and business law suits over the years, and haven't lost one.  I have a Russian friend here in the states that does immigration papers for the Russian communities.   I may use her services this year for Galina. Sure, I could do it all myself and hope for the best, but I would rather leave it with an expert I can trust and know its done right.  I think her prices are reasonable and she knows her business well.

I feel its best in this case to do all the research possible and resolve these immigration issues.  Sadly when the FBI is involved you are at their mercy.

:-)

[Ronnie]

Letters are a waste of time.  Take 'em to court!  $350 and 4 months later and you should have the matter resolved..  We just did it!  (see my posts in the visa and immigration section).

[Bruce]

Nowhere in your case was the FBI mentioned.  As Jet mentioned above it is a more difficult problem when you are in FBI investigatory limbo.

By the way, congratulations on your accomplishment for your son.  Well done Ronnie.

[jb]

I find it kind of ironic that Americans now talk about building walls.
What are they going to call it?

What to call it???  How about an enforceable border.  BC, since it's probably been a while since you've toured our southern border so I'll just give a brief summary of what life is life down there.  Mexican drug runners cross into the USA daily with impunity.  Mexican thugs kidnap, rape, and kill any pretty girl they take a fancy to, then flee back to Mexico.  Mexican military routinely shoot at USCIS Border Patrol Officers as they patrol the border area.  There is a bounty on the head of all Border Patrolmen.  I do not venture into the desert areas unarmed. 

In my city, crime in the barrio is unchecked.  Cars are stolen, stripped for parts or even brazenly driven across the border where they fetch a good price.  Crimes against property is also high on the list.   My own home has been broken into twice in the past 5 years.  One does not dare leave a garage door open and unattended, things like tools, lawnmowers, and just about anything else not nailed down can grow legs in a matter of minutes.  Two illegal Mexicans were caught hauling off my neighbor's pressure washer just before I left to come out on this job. Luckily, another neighbor saw them pushing the damned thing down the ally and called the cops. 

Crimes of violence are through the roof, you cannot turn on the local news or read the paper on any given day and not hear of a rape, robbery, stabbing, or murder, it's so common we are numb to it.  All of these illegals somehow get their hands on cars or pickup trucks, which they drive without licenses and certainly without insurance.  When they wreck, and they do regularly, they just flee the scene leaving you to get your car repaired at your expense.  Auto insurance rates in my county are among the highest in the country.

Health care and education are other areas where the USC bears an unfair burden, it's our tax dollars that pay for the county hospital where the Mexican illegal refers to the Emergency Room Physician as "Doc-In-The-Box".  Schools are a joke.

I could go on and on, but I think you get the picture.  Something must be/should be done to control our southern border, and so far no one in Washington DC, neither Republican or Democrat, has done anything more than pass token legislation and throw a little money at the problem.   Folks in the southern border states are getting tired of this mess, I don't know a single white man in my town who does not own a gun,,, anarchy is not just a word any more.

[jj]

Jet- I hope it works out for you too, sooner rather than later.  My experience with administrative processing woke me up to now do all I can from the start. That is why I went to attorney first thing and explained everything to him before beginning AOS. I  explained prior AP and present potential age -out situation if AOS too long.  I told him I needed him to be aggressive if needed, and made sure he was always in communication with our local interview center officers.  I know there are no guarantees, but I still recommend seeking a good court immigration attorney before the fact, now that I know what I know.