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Should Fiance Visas Be Abolished Due To San Bernardino Shooting? By Roger Algase

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Update: December 3, 4:05 pm

An even later LA Times report says that Syed's Farook's wife or companion, Tashfeen Maiik, was in the US on a visa from Pakistan (it does not say what kind), and that the couple had made one or more trips to Pakistan, which could mean anything. There is still no report of any terror organization being involved in the mass shooting at San Bernardino.

Update, December 3, 3:04 pm.

The information about the two San Bernardino shooting suspects, Syed Rizwan Farook and his companion (or wife) Tashfeen Malik, continues to be confusing. A late report from the LA Times says that she may have originally been from Pakistan, not Saudi Arabia. The report also says that Syed (a US born American citizen) apparently grew up with an abusive father.

This might indicate a personal motive for the mass shooting attack, but on the other hand, as police officials have pointed out, there seems to have been a good deal of advance paramilitary style preparation.

So far as I am aware, no terrorist group has claimed any involvement or responsibility in this incident.

The LA Times report is at:

My previous update and original post follow:

While it is far too soon to make any definitive comment about the motives for the horrendous mass shooting which killed 14 people in San Bernardino, California on December 2, the Los Angeles Times reports that the two killer suspects, both Muslims, were husband and wife, with a 6-month old baby. The husband, Syed Riswan Farook, was reportedly an American-born US citizen, who met his wife, Tashfeen Malik, online and traveled to Saudi Arabia to see her in person.

While there has been no mention in the press about her immigration status, it would seem to be possible that she may have come to the US with a K fiancee visa, or that if they married in Saudi Arabia, she might have come to the United States as a lawful US permanent resident based on the marriage.

Neither scenario would lend any support to the latest current attempts to scapegoat and demonize immigrants, namely the calls for barring Syrian refugees from the United States and the movement to carry out mass deportations against unauthorized Mexican and mainly Latin American immigrants.

Whether there is a possible connection with ISIS or some other jihadist terrorist organization is still under investigation. No such organization has as yet claimed responsibility for this attack, which is reported to be the 355th mass shooting in America this year.

It is not likely that the haters and xenophobes will lose any time in blaming all Muslim immigrants, or all Muslims and all immigrants, for this horrific attack. Do not hold your breath waiting for anyone to blame all Christians or other non-Muslims for the 354 other mass shootings in America so far this year. The double standard is still in effect.

Most of all, do not spend any time waiting for our politicians to do anything about the easy access to guns which has enabled shooting attacks to take place in America more times in 2015 than there have been days in this year so far.

The LA Times report is available at

I have also been critical of two bills now pending in Congress, one in the Senate and the other in the House, which would place additional security check barriers in the way of Syrian refugees which are obviously intended either to create a long delay or to make it virtually impossible for these refugees to come to the United States at all.

In the wake of yesterday's latest mass shooting, I would now be willing to support these two bills with one change: instead of requiring the lengthy, enhanced and cumbersome (if not totally impossible to comply with) additional background checks for Syrian refugees, these background security checks should apply to anyone seeking to buy a gun in the United States.

Then we might be able to save more than 10,000 American lives each year that are now being lost to uncontrolled gun violence committed by people of whatever religion, belief, or immigration/citizenship status.
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, he has been helping mainly skilled and professional immigrants obtain work visas and green cards. Roger does not practice in the fields of refugee or asylum law, but he believes that all immigrants are entitled to basic human rights, including fair treatment and equal justice before the law.

Roger's email address is

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Updated 12-03-2015 at 03:06 PM by ImmigrationLawBlogs

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  1. Unregistered222's Avatar
    LOL Roger. Looks like you are having a senior moment again However let me clarify things for you a little bit.

    What happened today what not a SHOOTING, as there were numerous IED or bombs involved. So this makes it very different from other "350+" shooting. Same thing as for "refugee"-executed bombing of Boston marathon. That was BOMBING not some random shooting.

    This thing is becoming much bigger than random "shooting". I wonder what your Jihad buddies gonna use next? Nerve gas? Toxins in the water reservoirs? I guess we will see it.

    I feel that pretty soon more and more people will start asking the question why is government is so lax on these Jihad folks The answer to that question might turn up at the ballot box, in which case there might be some very unpopular measures taken against Jihadi terrorists and their enablers.

    PS. What do these "security experts" who enjoy binge drinking on cheap booze in Canada instead of doing their job say about that. Can they explain, why did they failed again to protect American taxpayers of another terrorist attack while receiving big $$$ salaries? Do you think
  2. Retired INS's Avatar
    The Fiancee Visa was adopted to help American GIs after World War II - Many had met girls there and later decided they wanted to marry them. It is usually used by American men to bring a wife here, and rarely used by American women to bring a husband. The men who file the visa petitions are frequently older men looking for someone to care for them in their old age. It is commonly used by foreign women, especially from Russia and the Philippines just to get to the United States. However, any fraud is usually on the part of the fianc?e, not the American citizen. As an immigration official I often got phone calls from men wanting me to deport their fianc?e wife because she was no sleeping with someone else. What they really wanted was not her deportation, but for me to scare the women back to the bed of the original petitioner. I rarely acted on these phone calls.
  3. Ulysis's Avatar
    I don't think fiance visa should be or will be abolished but instead it would mean having a double standard with all the processing and evaluation.

    Just like these post
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