The correct approach to do this is the K-1 visa. Anything else is a loophole or fraud. This guy thought he could lie and defraud his way to a visa without doing it properly.
Another alternative is the CR-1 visa, also a legitimate pathway.
The New York Times attempted to cover this scheme a few months ago but when you look into all the cases they all involve lying to the government or outright fraud, for example one case they highlighted was of someone who entered on a K-1 visa, which requires marriage within 90 days and which you legally agree to do, marrying TWO YEARS after entry and attempting to adjust status. So basically, committing massive immigration fraud and betting the government won't notice.
You're making a lot of assumptions here that are not supported by the article. In any case, if his application is not valid, they can deny his green card application. Why throw him in a detention center for months instead of going through the process? Is he a flight risk? Where would he go?
I did not assume anything. He specifically mentions he was able to work because of an EAD associated with his I-485 Adjustment of Status application, which is the only possible pathway to green card after marriage to a USC.
There is no U.S. visa which allows 20 year stays with no work authorization. Doesn't exist. So he entered illegally.
>Why throw him in a detention center
Because he committed immigration fraud? Overstaying means you lied to CBP. Entering illegally is a crime, too.
The letter of the law is not black and white. Think critically - why did they turn a relatively blind eye to this issue in all past administrations? Immigrants of any kind are a net benefit to the wealthy and powerful. No billionaire obeys the law to the letter either. It would be nice if we enforced the written law with this level of zeal upon the rich. Pay taxes in "creative" ways? Hire an illegal? Straight to jail, no bail, maximum fine.
So is smoking weed according the US federal government. Whether there is an actual harm being caused that should result in detainment is another matter. I'd argue ripping people away from their lives is a greater harm (via deportation or imprisonment).
Another alternative is the CR-1 visa, also a legitimate pathway.
The New York Times attempted to cover this scheme a few months ago but when you look into all the cases they all involve lying to the government or outright fraud, for example one case they highlighted was of someone who entered on a K-1 visa, which requires marriage within 90 days and which you legally agree to do, marrying TWO YEARS after entry and attempting to adjust status. So basically, committing massive immigration fraud and betting the government won't notice.