Linbar

OK, let me start by saying I found this thread very interesting as it got me thinking. Let me also say I don't know what is the answer between protecting the people and getting the bad guys. The potential loss of freedoms is a major concern. But as I said, it has got me thinking and I discovered that I don't know the answers to some simple questions. Perhaps you guys can help me. Does the Constitution and amendments apply to just citizens or everybody living in this country? Like, does an accused "terrorist" have a right to bare arms or must they have sleeves? Isn't the right to a speedy and public trial applicable to "criminals". Are "terrorists" legally "criminals"? I am thinking that for the most part the suspects haven't actually done anything, "just" maybe planning to kill everyone. Would suspected (accused) terrorists be protected from "unfair" (or whatever the correct terminolgy is) bail demands? Does anybody know if any of the haebus corpus delicatessen rules ( or whatever that thingy is) can get accused "terrorist" released, "pending" and trust they will turn up for a trial? I know there are some strong feelings on this subject on both sides but it seems to me there are no simple answers yet to resolve this. And my first question is really bugging me . Thanks Oh another question, is there a spell check on this?

Thanks Ski, that would have slipped by me. It is channel 121 Hist1 on my Dish Network system, 8-9 pm.

Congratulations I look forward to the next part of your story

Some reading extracted from the Bill. `(3) In this subsection: `(A) The terms `domestic violence' , `sexual assault', `child abuse and neglect', `dating violence' , `elder abuse', and `stalking' have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005. `(B) The term `specified crime' means the following: `(i) Domestic violence , sexual assault, child abuse and neglect, dating violence , elder abuse, and stalking. `(ii) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause.`(iii) At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.'. (2) 214® AMENDMENT- Section 214® of such Act (8 U.S.C. 1184®) is amended-- (A) in paragraph (1), by inserting after the second sentence `Such information shall include information on any criminal convictions of the petitioner for any specified crime.'; and (B) by adding at the end the following: `(4)(A) The Secretary of Homeland Security shall create a database for the purpose of tracking multiple visa petitions filed for fiance(e)s and spouses under clauses (i) and (ii) of section 101(a)(15)(K). Upon approval of a second visa petition under section 101(a)(15)(K) for a fiance(e) or spouse filed by the same United States citizen petitioner, the petitioner shall be notified by the Secretary that information concerning the petitioner has been entered into the multiple visa petition tracking database. All subsequent fiance(e) or spouse nonimmigrant visa petitions filed by that petitioner under such section shall be entered in the database. `(B)(i) Once a petitioner has had two fiance(e) or spousal petitions approved under clause (i) or (ii) of section 101(a)(15)(K), if a subsequent petition is filed under such section less than 10 years after the date the first visa petition was filed under such section, the Secretary of Homeland Security shall notify both the petitioner and beneficiary of any such subsequent petition about the number of previously approved fiance(e) or spousal petitions listed in the database. `(ii) A copy of the information and resources pamphlet on domestic violence developed under section 833(a) of the International Marriage Broker Regulation Act of 2005 shall be mailed to the beneficiary along with the notification required in clause (i). The italics are mine, but I did not add the smilies. Sorry

I hope that this may help. It is taken from HR3402.enr (4) INTERNATIONAL MARRIAGE BROKER- (A) IN GENERAL- The term `international marriage broker' means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals. B) EXCEPTIONS- Such term does not include-- (i) a traditional matchmaking organization of a cultural or religious nature that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or (ii) an entity that provides dating services if its principal business is not to provide international dating services between United States citizens or United States residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual's gender or country of citizenship. Sorry but I can't get the smiley out of the quote

Some info which may clarify or add more confusion Sections 832, 833 and 834 are designed to prevent further abuse by instituting measures to distribute information that can help the K visa recipients learn about domestic violence protections available to them in the United States. These sections also provide them with specific information about their U.S. citizen petitioners' criminal conviction history. Additionally, this section limits the ability of abusive U.S. citizens to repeatedly petition for K visas for aliens outside the U.S. A consular officer may not approve a fiancee visa petition without verifying that the petitioner has not previously petitioned for two or more aliens applying for spousal or fiancee K visas. If the petitioner has had such a petition previously approved, the consular officer must verify that two years have elapsed since the filing of the previous petition. The Secretary of Homeland Security may grant waivers of the two-year waiting period or the limit on filing more. than two petitions. The waivers included here were designed to give DHS the discretion to waive both the time and number limitations when K fiance visa applications are filed by nonabusive U.S. citizens. Such waivers may be appropriate, for example, for non-abusive U.S. citizens who live abroad or were raised abroad and may be more likely to marry foreign spouses, or in cases of unusual circumstances, such as the sudden death of an alien approved for a prior K visa. Section 832(a) includes a domestic violence victim waiver modeled after the waiver created for immigrant victims of domestic violence by VAWA 2000 (INA Section 237(a)(7)). Waivers shall be granted when tbe U.S. citizen petitioner demonstrates that they have been' subjected to battering or extreme cruelty, that there was a connection between the criminal conviction and the abuse. including efforts to escape the abuse and that they were not the primary perpetrator of abuse in the relationship. Section 832(a)(2) of VAWA 2005 requires that U.S. citizen petitioners filing K visa applications for spouses they married abroad provide under oath the same criminal information required for K fiance visa petitioners. This section also creates a database to track serial K applications. Upon approval of a second K visa for a spouse or fiance the U.S. citizen petitioner will be entered into the multiple visa tracking database and will be notified that this petition and all future petitions will be entered into the database maintained by the Department of Homeland Security. Once two espousal or fiance K visas have been approved, for each subsequent petition filed, DHS will notify both tbe citizen petitioner and foreign-born spouse about the number of previously filed petitions in the database for a 10-year period. All future K applications will trigger similar notice. The domestic violence pamphlet developed under Section 833 of this Act will be sent to the K beneficiary immigrant spouse along with the multiple filing data base information. I added the bold. Also can read [url=http://thomas.loc.gov/ edited as I didn't know the link expires. sorry In search of Library of Congress it is HR 3402.enr and select search by " bill number" and note 833(B) (1) (A), (B) and © Ooh, when I did that I got smilies. 833,b,1 A,B and C

I was reading about the "International Marriage Broker Regulation Act of 2005" and it seems that its effective date is March 6, 2006. If I am correct (not very often), it is delaying K-1 visa applications with additional checks. Even to those already approved. It seems that at least some of the applications are being returned to the center that originally approved them if that approval date was after March 6. Has anybody heard anything about this and its effect?

Congratulations. Don't it just feel soooo good.

Timeline / Mark - My wife passed her interview November 30th and picked up her visa December 2nd. Once again, thanks for all of your hard work. Barry

Good luck Carl and Ying. We'll be thinking of you.

Congratulations. Best wishes for your future together and a very Merry Christmas.

Congratulations. A long wait indeed.

Congratulations

Good luck Carl. Almost there

Congratulations to you.