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Believe the accuser
| Posted on November 22, 2018 at 8:14 PM |
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During the circus that was the Brett Kavanaugh Confirmation Hearings before the Senate Judiciary Committee, we were told we, the public, have to believe the victim each and every time, without exception, and without hesitation. To question the credibility of the accuser, we are told, is tantamount to re-traumatizing the "victim" all over again. This is expected of all of us, even if there isn't a single scintilla of evidence to corroborate the alleged victim's allegations. The #metoo movement signed onto this wholeheartedly. The problem is that to do so strips the accused of every aspect of Due Process and Equal Protection, not to mention the loss of the presumption of evidence. And that is the problem with "Social Justice". It's not justice at all, but rather a crass and blatant attempt to bully someone into submission. Everybody witnessing this phenomenon thought this was something new. Lamentably, it's 24 years old, dating back to 1994, when the Violence Against Women Act or VAWA. VAWA was the brainchild of then Senator Joe Biden (D-DE), the National Organization of Women and other feminist activist organizations, and as it pertains to immigration, the open border contingent of Social Justice Warriors and outright Socialists. The mantra spewed forth by these groups is: "All women are victims, without exception. All men are abusers, without exception. No women lie. The ends justify the means." Better a few thousand innocent men be wrongfully accused and imprisoned, lest a single solitary guilty abuser escape punishment. If this is what Obama meant when he said he would "fundamentally transform the United States", I would just as soon pass on this transformation, thank you very much. Nowhere else is this viscous political agenda practiced more aggressively than in the immigration arena. The VAWA provisions of the Immigration and Nationality Act or INA, allow for a foreign born spouse to easily fraudulently induce a US Citizen into marriage, so the alien can get a green card, and allows the alien the convenience of abandoning the marriage at will by merely fabricating allegations of domestic violence, rape, or other atrocities. Thousands of American citizens, both men and women alike, are cruelly and callously lied to by aliens and fraudulently induced into marriage thinking the alien wants to build a life with them, only to find out later on that this was all a con and they were the mark. And to ensure that the alien doesn't get jammed up for marriage fraud, the alien falsely accuses the American citizen of domestic violence or worse. It is a form of sociopathic conduct that no one seems to want to address. Not Congress, not ICE, not USCIS, and absolutely not the immigrant rights groups. This has to stop and Congress and the Administration have to act to protect and serve Americans, again. |
The U Visa, the gift that keeps on giving
| Posted on January 15, 2018 at 6:12 PM |
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In 2000, Congress, in passing the "Battered Immigrant Women's Protection Act or BIWPA, created a new classification of NON Immigrant visa, the Victim of Crime, or U, Visa. They never intended for this to be a stepping stone to permanent residence, a green card, and then US citizen. The purpose was to allow victims of crime the ability to assist law enforcement in the investigation and prosecution of the offender. The visa would be valid for a maximum period of four years, the alien would be authorized to be employed during that time, would be able to travel in and out of the US, and would be able to receive public assistance or taxpayer funded benefits. Furthermore, the victim's family could also deprive the same benefit of a U Visa. In an effort to ensure that this would not become a "back door" into the US or to see a uptick in the amount of fabricated and false allegations of crimes in order to get status in the US, Congress put a numerical limitation as to the number of visas that could be issued each fiscal year of 10,000 visas for the actual victims and no limitation to the number of family derivative visas being issued. For the first 9 years of this visa's existence, from 2000-2009, we never saw the number of visa applications even coming close to the cap. In 2009 for example, there were just over 6,000 U Visas issued. However, in 2010, during the Obama Administration, we began to see the number of U Visa application steadily increase and exceed the 10,000 cap. In 2010 there were just over 10,000 U Visa Applications filed. By the end of FY 2016 there were over 35,000 U Visa applications filed in that year alone, 3.5 times the limit set by Congress. What USCIS did, is, instead of returning the applications for applicants that exceeded the 10,000 cap instructing them to reapply in the next fiscal year, they began to stockpile and backlog these applications creating a waiting list, the same type of waiting list, immigrant visa applicants have to wait on. By the end of FY 2016, the backlog/waiting list for U Visa Applications for the principal alien, not counting family members was in excess of 86,000 and by the end of the third quarter of FY 2017, the number had ballooned to over 103,000. The reason why this happened was that despite Congress' intent to have this visa be a NON Immigrant visa, meaning no green card, no path to citizenship, USCIS established rules that allowed for a U Visa holder, after living here as a U Visa holder for three years, to convert their visa to that of an immigrant visa and get a green card even though it was never Congress' intent for that to happen. As a result, at the end of third quarter of FY 2017, the total number of pending and backlogged U Visa applications, TO INCLUDE THE FAMILY MEMBERS OF THE "VICTIMS", skyrocketed to 177,340. The question that must be asked and answered is: "When will all this end?" Answer: "Never", if the open border advocates and politicians on both sides of the aisle that derive a political benefit for helping "the huddled masses to breath free", have their way. More on this vexing topic to follow in the weeks and months to come. |
What the I-864 Affidavit of Support means to you
| Posted on January 15, 2018 at 3:47 PM |
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In 1996, as a result of the passage and implementation of the Illegal Immigration Reform and Immigrant Responsibility Act, or IIRAIRA, Congress created the requirement that ALL family based visas and some employment based visas have the sponsoring citizen or business submit an enforceable Affidavit of Support. As a result, the Form I-864 Affidavit of Support was born. Over the years since its inception, issues have come up that puts the sponsoring US citizen in a very precarious position that leaves people wondering what in the world happened to Contract Law and The Constitution. Below is a Florida Bar Journal Article that goes into great detail explaining the pitfalls awaiting American citizens who cavalierly submit one of these Affidavits of Support, throwing caution to the wind, assuming their government will protect them. NOTHING could be further from the truth.
And if you think it can't happen to you, then get your favorite adult beverage, sit down and digest this recent United States District Court decision out of San Francisco. You aren't going to like it, but you need to know about this so you can defend yourself against situations like this. Given how these cases are evolving in the courts, this issue must be discussed with your attorney, should you find yourself embroiled in a divorce matter involving your foreign born spouse who obtained status through their marriage to you. CSI Consulting LLC can assist your attorney in discussing how to formulate a strategy on how to best defend against, and respond to, suits filed by your foreign born spouse or former spouse, demanding enforcement of the I-864 Affidavit of Support. |
