Just called Customs asking for i94 number and got interrogated, now what?

[Maju 3]

Hi, My wife's brother and his family are here on a tourist visa, my brother in law is going back to Peru soon, his wife and kids just came on February so they will stay longer.

My wife wanted to get the change of status for her brother's kids (2) so they could be students and go to school for one school year.

The thing is that my wife has already petitioned her brother for the residence which will take a long time, so he's in the process and we got a case number. That's why he is going back to Peru to maintin his status legal.

His i94 is not showing on the customs and border website, but his wife and kids are. So, since the form for the change of status requests an i94 for the process, we called customs deferred inspection lists (which was recommended if the i94 number was missing), but the officer who answered asked all kinds of questions, and practically interrogated my wife on the phone and accused her of trying to do anything possible to keep her brother in the US. She explained that her brother wants to go back to Peru with his wife and my wife and I wanted the kids to have the chance to experience a new culture, learn the language and have a nice experience in the US we offered to put them in school but wanted to get the change of status to do everything legally. The officer kept insisting that this looked terrible for the government and that he gets paid to stop people like the brother and his family from entering the country, that if he would have known of our intentions he would have denied the entry of all of them, he asked for my brother in law's passport number and one of the child's passport number, we gave them to him, my wife was answering all his questions very politely but he turned rude and insisting that they were trying to do something wrong, actually accusing us of trying to do something illegal to what she replied that she did not understand because we were calling precisely because we wanted to do everything by law.

At the end he wanted to ask more personal questions and get more information to what we refused and he said thank you and good bye.

It all seemed like he was attacking us for asking for the i94 number which is not on the website.

Why????

[Caryh 5,206]

Because entering on a tourist visa with the intent to adjust status is illegal.

[Merrytooth 5,748]

The kids are trying to change status to F1 in US?

See this link:

http://www.visajourney.com/forums/topic/348639-f1-to-elementary-or-highschool/#entry5117981

Student F-1 visas cannot be issued to persons seeking to enter the United States in order to attend a public primary/elementary school or a publicly funded adult education program.

[ATPEACE 43]

Everything that you and your wife is trying to do for her brothers family is illegal. The passports will now be flagged as such.

[mike79 0]

Hi, My wife's brother and his family are here on a tourist visa, my brother in law is going back to Peru soon, his wife and kids just came on February so they will stay longer.

My wife wanted to get the change of status for her brother's kids (2) so they could be students and go to school for one school year.

The thing is that my wife has already petitioned her brother for the residence which will take a long time, so he's in the process and we got a case number. That's why he is going back to Peru to maintin his status legal.

His i94 is not showing on the customs and border website, but his wife and kids are. So, since the form for the change of status requests an i94 for the process, we called customs deferred inspection lists (which was recommended if the i94 number was missing), but the officer who answered asked all kinds of questions, and practically interrogated my wife on the phone and accused her of trying to do anything possible to keep her brother in the US. She explained that her brother wants to go back to Peru with his wife and my wife and I wanted the kids to have the chance to experience a new culture, learn the language and have a nice experience in the US we offered to put them in school but wanted to get the change of status to do everything legally. The officer kept insisting that this looked terrible for the government and that he gets paid to stop people like the brother and his family from entering the country, that if he would have known of our intentions he would have denied the entry of all of them, he asked for my brother in law's passport number and one of the child's passport number, we gave them to him, my wife was answering all his questions very politely but he turned rude and insisting that they were trying to do something wrong, actually accusing us of trying to do something illegal to what she replied that she did not understand because we were calling precisely because we wanted to do everything by law.

At the end he wanted to ask more personal questions and get more information to what we refused and he said thank you and good bye.

It all seemed like he was attacking us for asking for the i94 number which is not on the website.

Why????

Your wife plan is completely illegal, entering the U.S with tourist visa with intent to stay I visa fraud

[ATPEACE 43]

If your wife wish for the kids to go to an American school they need to return to Peru, your wife needs to get them accepted to a Private school, they will issue the kids a international acceptance form 1-120. This is the correct process if you wish to give them the American experience.

All other methods are illegal.

Good luck.

[Maju 3]

Thank you for the replies. Are there any low cost or free imagration lawyers in the Philadelphia area? Websites? Thank you

[aussie_jason 195]

Free immigration lawyers? Surely you jest...

This is the process - http://travel.state.gov/content/visas/english/study-exchange/student.html

As another poster stated and the above link states you cannot attend public elementary or high school on a F1 visa (although oddly if you are a dependent of someone on a F1 visa you can), your wife's petition for her brother will take something like 10 years so that is not relevant to this process. Basically the kids must return to Peru, the kids need to be accepted to a private school here, the school needs to provide an I-20 and then a F1 visa can be applied for, then an interview at a US consulate and then they can get their visa to return and study.

[aaron2020 11,651]

Thank you for the replies. Are there any low cost or free imagration lawyers in the Philadelphia area? Websites? Thank you

A lawyer will not be able to change anything.

You and your wife with good intent to help her brother and his family and a lack of immigration knowledge have really dug a hole for them.

The kids cannot legally attend school and comply with immigration laws.

The intent to adjust the kids when the law does not allow it means their passports have all been flagged. This may mean they will not be able to use their visitor visas in the future.

Have them go home after their visit. They will be able to return when they have immigration visas.

[Maju 3]

Free immigration lawyers? Surely you jest...

This is the process - http://travel.state.gov/content/visas/english/study-exchange/student.html

As another poster stated and the above link states you cannot attend public elementary or high school on a F1 visa (although oddly if you are a dependent of someone on a F1 visa you can), your wife's petition for her brother will take something like 10 years so that is not relevant to this process. Basically the kids must return to Peru, the kids need to be accepted to a private school here, the school needs to provide an I-20 and then a F1 visa can be applied for, then an interview at a US consulate and then they can get their visa to return and study.

I found this on USCIS.gov

If you need legal advice about an immigration matter but cannot afford to hire an attorney, you may be able to ask an attorney, an association of immigration lawyers, a state bar association, or an organization specially -accredited to provide such assistance about the availability of free or reduced cost legal services on immigration issues.

Edited March 24, 2014 by Maju

[Maju 3]

Can a petition be cancelled or withdrawn? Could he do that and return to Peru and file again?

I guess the damage is done now. No removing red flag from visas?

[Asia 2,491]

Why cancell the petition?

There's still more than 10 years waiting... Why wait more?

[aussie_jason 195]

I don't think anything has been red flagged, the petition for her brother is completely separate and above board, the OP's wife incorrectly thought they could somehow adjust the children so they could stay but have not even got to the stage of applying yet as they were trying to get an I-94 number from CBP so they could submit the application. I doubt the CBP officer went in and added any sort of red flag, he was likely just having a bad day and was grumpy on the phone.

In order to do what the OP & his wife want to do then the children need to return to Peru so they can try to get a private school to accept them and provide an I20, which I am guessing won't be easy if it is even possible.

[ATPEACE 43]

The family should leave when scheduled, what will happen in the future is their visitor visa will be cancelled without prejudice. No one should over stay their existing 194. Enjoy what is left of the vacation.

I can guarantee that the passports were flagged. Having a bad day does not equate to the BP not doing what is required of their job.

Edited March 24, 2014 by ATPEACE

[aussie_jason 195]

Stop giving bad advice! Nobody has overstayed and no adjustment of status has been filed for, the OP and his wife were just naive about the immigration process with wanting to do something thoughtful for their nephews/nieces and got stopped in their tracks when trying to get an I94 number from CBP for whatever form they were trying to fill out. Now they have been corrected and know the correct process if they wish to follow it.