The FBI has riled people up against Apple for allegedly not helping them break into the San Bernardino terrorist’s iPhone. They want the key to the phone. Maybe they’d be better off keeping terrorists like this out instead, just a thought that we’ve posted about before.
Terrorists can still pour into this country even before they receive a visa and, in the case of the San Bernardino killers, there is reason to believe the faux-fiancé Malik could have been in the US before without us even knowing. In any case, a potential fiancé, even a fake one, is allowed to be in the US for 90 days before the approval is given. Even after San Bernardino, nothing has changed. No one is checking to see if these people coming in on visas – not just fiancé visas – are jihadis.
They look for marriage fraud and don’t even catch those frauds.
Yet, Comey isn’t worried about that and doesn’t even seem to know much about it if you go by his testimony last year.
US immigration isn’t guided by one solid law. It’s comprised of many different types of visas and rules, all with loopholes. The San Bernardino terrorist, Tashfeen Malik, came into the US on a fiancé K-1 visa which is a rubber stamp visa. There are few checks and no tracking.
The US announced in December that they were reviewing the visa requirements but what they were reviewing was a secret and nothing has changed. They haven’t done anything in all these months. All they could come up with is how they could co-op the Apple iPhone operating system.
Pakistan is a haven for terrorists. Various polls point to the radical views of most Pakistanis: 84% of Pakistani Muslims favor enshrining sharia as official law, 41% of Pakistanis approve of attacks on Americans, and 81 % of respondents support the Islamic State (ISIS). Tashfeen Malik, the female terrorist of San Bernardino, was in the United States on a fiancé K-1 visa.
These visas have a very high rate of approval. They are the most commonly applied for and they are mostly granted. A total of 27% of immigrants receive their admission this way whereas refugees only account for 7%
The process is a joke.
The couple apply and the fiancé gets a temporary visa to marry, then s/he can apply for a green card but if the fiancé is already residing legally in the US, the potential immigrant doesn’t even have to apply for it.
You (the petitioner) are a U.S. citizen.
- You intend to marry within 90 days of your fiancé(e) entering the United States.
- You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
- You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
- If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
- If you prove that the requirement to meet would result in extreme hardship to you.
- After the Fiancé(e) Visa is Issued
They do take fingerprints and call it robust biometric screening.
Unless the fiancé is on a terror list, and many jihadists aren’t, there are no checks and balances other than they can’t have a criminal record. Do they even check?
The fiancé can then enter the US for 90 days, apply for permanent residence and remain in the US while Customs and Immigration Services processes the application.
The potential immigrants or potential terrorists come into the country while they are waiting to be approved.
At some point, there is an interview but it’s geared towards marriage fraud.
Of all the visa possibilities, the K-1 is the one most often recommended by lawyers.
Malik was blogging anti-American hate under a false name. Yet there are no checks and balances to determine if an entrant to the US is an anti-American jihadist. They don’t even try. Even though Malik was a committed jihadi, no one would have known because they didn’t look.
“After this hearing today, every American is going to be asking the question: How did this woman come in on a visa . . . if she was talking publicly (again, we’ll get into ‘privately’ in the classified briefing) about jihad?” said New York senator Chuck Schumer, the Democratic leader-in-waiting. “Shouldn’t that be somehow tied into our visa program?”
“I don’t know enough to say, because I don’t know exactly what investment would have to be made to do that work and what the payoff would be on the other side,”
Senator Minority Whip Dick Durbin (D., Ill.) raised a similar question about the screening process.“Do you see any weakness in our system when it comes to visas or fiancée visas that that sort of information was not known to us before she was granted access to America?” Durbin asked. “I don’t know enough to say,” Comey replied.
Go look at the United States Center for Immigration and Citizenship Services and you will see that nothing has changed, nothing, yet the FBI really, really wants Apple to give up their trade secrets and make their phones subject to hacking, endangering Americans more.
What the FBI wants from Apple is not a small matter and it is not about one phone. The FBI wants to design Apple’s operating system.
See details about the San Bernadino case at Maggie’s Notebook.