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Elizabethnhenry
QUOTE(rahma @ May 30 2006, 12:20 PM) *

I'm sorry I don't have any legal advice to offer, but I do have the Qur'an


مَا عِندَكُمْ يَنفَدُ وَمَا عِندَ اللّهِ بَاقٍ وَلَنَجْزِيَنَّ الَّذِينَ صَبَرُواْ أَجْرَهُم بِأَحْسَنِ مَا كَانُواْ يَعْمَلُونَ

16:96 all that is with you is bound to come to an end, whereas that which is with God is everlasting. And most certainly shall We grant unto those who are patient in adversity their reward in accordance with the best that they ever did.


أُوْلَئِكَ يُؤْتَوْنَ أَجْرَهُم مَّرَّتَيْنِ بِمَا صَبَرُوا وَيَدْرَؤُونَ بِالْحَسَنَةِ السَّيِّئَةَ وَمِمَّا رَزَقْنَاهُمْ يُنفِقُونَ

28:54 These it is that shall receive a twofold reward for having been patient in adversity, and having repelled evil with good, and having spent on others out of what We provided for them as sus­tenance,



inshaAllah this will all be resolved.



yes.gif yes.gif

My very best to you and your husband, Goldenheart. I am so sorry.
Uxorious
As a fellow VJer, I offer you my deep sympathies. I hope it get sorted out. In this present political climate,things go on that one cannot understand. A couple of years ago, when I flew in to Detroit from frankfurt, a gentleman in Arab garb was with his family. Obviously, he must have all valid travel documents. But once we touched down at Ddetroit, the plane stopped on the tarmac short of the terminal. Then immigration and uniformed personnel boarded the plane headed straight for the guy and led him off the plane. I overheard the stewardess say that she had had this experience in previous flights.
Again, I wish the best to both of you.
almaty
sorry goldnheart... rose.gif
goldenheart
QUOTE(rahma @ May 30 2006, 12:20 PM) *

I'm sorry I don't have any legal advice to offer, but I do have the Qur'an


مَا عِندَكُمْ يَنفَدُ وَمَا عِندَ اللّهِ بَاقٍ وَلَنَجْزِيَنَّ الَّذِينَ صَبَرُواْ أَجْرَهُم بِأَحْسَنِ مَا كَانُواْ يَعْمَلُونَ

16:96 all that is with you is bound to come to an end, whereas that which is with God is everlasting. And most certainly shall We grant unto those who are patient in adversity their reward in accordance with the best that they ever did.


أُوْلَئِكَ يُؤْتَوْنَ أَجْرَهُم مَّرَّتَيْنِ بِمَا صَبَرُوا وَيَدْرَؤُونَ بِالْحَسَنَةِ السَّيِّئَةَ وَمِمَّا رَزَقْنَاهُمْ يُنفِقُونَ

28:54 These it is that shall receive a twofold reward for having been patient in adversity, and having repelled evil with good, and having spent on others out of what We provided for them as sus­tenance,



inshaAllah this will all be resolved.

[[b]AMEN...The Quran always make me cry. Thank you so much for reminding me the words of Allah. Shakrun !
[size=4]

QUOTE(almaty2004 @ May 30 2006, 03:34 PM) *

sorry goldnheart... rose.gif



Thank you ALMIGHTY...I remember you back in 2004. Thank you for your support then and now.

QUOTE(Uxorious @ May 30 2006, 02:33 PM) *

As a fellow VJer, I offer you my deep sympathies. I hope it get sorted out. In this present political climate,things go on that one cannot understand. A couple of years ago, when I flew in to Detroit from frankfurt, a gentleman in Arab garb was with his family. Obviously, he must have all valid travel documents. But once we touched down at Ddetroit, the plane stopped on the tarmac short of the terminal. Then immigration and uniformed personnel boarded the plane headed straight for the guy and led him off the plane. I overheard the stewardess say that she had had this experience in previous flights.
Again, I wish the best to both of you.


Uxorious,

Thank you for your sympathy. However that is ridiculous about the arab man on the plane. My Goodness!
Omid
Goldenheart - I am sooo sorry you have to go through this - insha'Allah everything will work itself out and you'll be reunited - you'll be in my prayers. rose.gif
goldenheart
QUOTE(lisaf @ May 30 2006, 10:22 AM) *

[
FURTHERMORE, I AM A DISABLE VET AND A FEDERAL EMPLOYEE...FRAUD IS SOMETHING I WOULD NEVER DO TO JEOPORDIZE MY CAREER OR BE DISLOYALED TO MY COUNTRY.


goldenheart,

I would never have considered you of acting fraudulently. I was worried FOR you ( based on the earlier info) that perhaps your fiance had originally entered the relationship for non -genuine reasons, and somewhere changed his mind, as the circumstances seemed kind of self-sabotaging. Had this been the case, I was angry FOR you!
Your last post made things clearer. Again I hope you can get help and sort out this devastating mess.



Lisaf,

I appreciate you caring about my well-being and being vigilant about my fiance. My fiance is a great iman and I appreciate him and love him more today then I did yesterday. How many men you know that would sit in a rotten cell for 27 hours and still wants to marry me. Unfortunately, he's not thrill about returning back to the USA, but he still loves me and wants to be with me. I met my honey 2 years ago and he calls me everyday and sometimes I call him when I run out of patients biggrin.gif Our relationship is 2years young and going strong each day. It has never crossed my mind that he would enter the relationship fraudulently. He said that he had beg them to help him in translating the papers, so he could get all of this over with and go through. He even asked them to call me so I could help. They told him that his english is good and he did not need a translator.
rodney22
Goldenheart,

Any news updates on your case? I have been following this thread the last couple of days....
joej
QUOTE(Uxorious @ May 30 2006, 02:33 PM) *

As a fellow VJer, I offer you my deep sympathies. I hope it get sorted out. In this present political climate,things go on that one cannot understand. A couple of years ago, when I flew in to Detroit from frankfurt, a gentleman in Arab garb was with his family. Obviously, he must have all valid travel documents. But once we touched down at Ddetroit, the plane stopped on the tarmac short of the terminal. Then immigration and uniformed personnel boarded the plane headed straight for the guy and led him off the plane. I overheard the stewardess say that she had had this experience in previous flights.
Again, I wish the best to both of you.

I just wanted to add something. Although I do not doubt that there is profiling going on, I was also pulled out of about 300 people on my plain back from Nigeria. I'm white, female and a USC, non muslim. I was questioned and they went through all my things with rubber gloves. This was in Detroit. Eventually they let me pass.
So sorry for your situation. I hope it gets resolved quickly.
goldenheart
QUOTE(rodney22 @ May 30 2006, 06:25 PM) *

Goldenheart,

Any news updates on your case? I have been following this thread the last couple of days....



No news yet, I have to speak to an attorney tomorrow. I may have to go to the doctor as well, because I've been experiencing major anxiety attacks. Thanks for asking Rodney.

QUOTE(joej @ May 30 2006, 06:52 PM) *

QUOTE(Uxorious @ May 30 2006, 02:33 PM) *

As a fellow VJer, I offer you my deep sympathies. I hope it get sorted out. In this present political climate,things go on that one cannot understand. A couple of years ago, when I flew in to Detroit from frankfurt, a gentleman in Arab garb was with his family. Obviously, he must have all valid travel documents. But once we touched down at Ddetroit, the plane stopped on the tarmac short of the terminal. Then immigration and uniformed personnel boarded the plane headed straight for the guy and led him off the plane. I overheard the stewardess say that she had had this experience in previous flights.
Again, I wish the best to both of you.

I just wanted to add something. Although I do not doubt that there is profiling going on, I was also pulled out of about 300 people on my plain back from Nigeria. I'm white, female and a USC, non muslim. I was questioned and they went through all my things with rubber gloves. This was in Detroit. Eventually they let me pass.
So sorry for your situation. I hope it gets resolved quickly.


What!!! I'm sorry you were targeted.
TracyTN
Be sure and let us know what the attorney says, goldenheart.

rose.gif
almaty
QUOTE(goldenheart @ May 30 2006, 04:33 PM) *

QUOTE(lisaf @ May 30 2006, 10:22 AM) *

[
FURTHERMORE, I AM A DISABLE VET AND A FEDERAL EMPLOYEE...FRAUD IS SOMETHING I WOULD NEVER DO TO JEOPORDIZE MY CAREER OR BE DISLOYALED TO MY COUNTRY.


goldenheart,

I would never have considered you of acting fraudulently. I was worried FOR you ( based on the earlier info) that perhaps your fiance had originally entered the relationship for non -genuine reasons, and somewhere changed his mind, as the circumstances seemed kind of self-sabotaging. Had this been the case, I was angry FOR you!
Your last post made things clearer. Again I hope you can get help and sort out this devastating mess.



Lisaf,

I appreciate you caring about my well-being and being vigilant about my fiance. My fiance is a great iman and I appreciate him and love him more today then I did yesterday. How many men you know that would sit in a rotten cell for 27 hours and still wants to marry me. Unfortunately, he's not thrill about returning back to the USA, but he still loves me and wants to be with me. I met my honey 2 years ago and he calls me everyday and sometimes I call him when I run out of patients biggrin.gif Our relationship is 2years young and going strong each day. It has never crossed my mind that he would enter the relationship fraudulently. He said that he had beg them to help him in translating the papers, so he could get all of this over with and go through. He even asked them to call me so I could help. They told him that his english is good and he did not need a translator.


i agree sister goldenheart..you have a fine and respectful man ..insha'állah...peace and goodness my sister...dean
morocco4ever
Oh dear goldenheart...I am so sorry for this. I find it a shame that so many people feel so free to jump down your throat and throw fraud in your face before they find out all of the facts. I don't know much about your case except for bits and pieces, but I did know enough to know that your marriage isn't a fraud.

I read this late last night and I have been waiting to get off work to do a little research on this. I have never seen this before, but I do not believe in signing anything that you don't understand. Its really sad, it is our right as U.S. citizens to understand forms before signing, and to be allowed a translator if we don't, but apparently that doesn't apply to immigrants. My husband speaks English pretty good, but faced with a standard US form I am afraid that he would be hesitant as well.

First I wanted to see for sure who the POE's are under. I assumed it is the DHS, but I wasn't positive. I have a couple of links for you to look at:

http://www.cbp.gov/xp/cgov/travel/id_visa/..._to_the_u_s.xml

This pretty much tells you the process of entering the US for both citizen and immigrants. I did see a note for refusal to enter under 212. There is a link for that, but yet it didn't work.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Maybe you could look through this link to see if there is something that stands out for the reason he wasn't admitted into the US. Someone had mentioned earlier about a TB test....possible.

http://www.uscis.gov/graphics/aboutus/foia/overview.htm


You might want to submit what is called a FOIA. This is a very time consumming process, and hopefully you will fix this situation before you need this, but I think it is essential to find out what happened.

http://www.cbp.gov/xp/cgov/travel/customer..._complaints.xml

Lastly, this is a link for complaints about the CBP.

I hope you are going to contact your senator and/or congressman, but don't stop there.

Now I understand you are having some anxiety problems, I am sorry to hear that as well. You need to pull it together quickly and get moving on this. Don't let anyone get in your way for success.

Good luck and please keep us informed.

Big hugs to ya!




iceyspots
heart.gif heart.gif

Find a good immigration attorney that can help.

I thought at many POEs that certified translators are available ... maybe even a German translator could have helped

This is very unjust and I knew Atlanta was a notorious POE but I didnt think that cruel... I wonder what makes the difference

Thats why I told Meriem to fly Hachemi through Detroit or JFK it may be more expensive but the pain it will stop is well worth it.

I wonder when did CBP officers become language experts and decide what someone can or cannot read

الله معك مع اسلامه
meauxna
QUOTE(iceyspots @ May 31 2006, 11:12 AM) *

Thats why I told Meriem to fly Hachemi through Detroit or JFK it may be more expensive but the pain it will stop is well worth it.

I wonder when did CBP officers become language experts and decide what someone can or cannot read

الله معك مع اسلامه


FWIW, Detroit has a worse reputation than Atlanta, which is saying something. You couldn't pay me enough to enter there, and I'm a USC.

I don't know how fair it is to slag the CPB until we know what actually happened though.
/.02 smile.gif
almaty
go through chicago poe..
KarenCee
I am so sorry Goldenheart....I cannot imagine what you're both going through. My fiancé came through Boston and it was soooo easy. But...he is Canadian. Maybe Boston or Chicago is a better POE for Muslims. I don't like Atlanta...and whenever we fly out that's where we have to start our journeys. I've been treated harshly too in security, and I'm the USC as well as a resident of the state. Not sure what's up with that either. My fiancé and I hope things get settled for you soon. rose.gif
rejane
So sorry to hear that, sending hugs your way
Fischkoepfin
goldenheart, sorry to hear about this. I hope you can somehow sort this out.

I had to sign and fingerprint a data sheet when entering at POE (or so I think because I didn't really see it), and I was too fed up with my trip and the whole visa process to ask questions.

I do also think that it is wrong to deny your fiance a translator and I would be surprised if that was legal. Since you say that he was deported and banned I wonder if he was put in front of an immigration court. In addition to a lawyer and your congresspeople, consider contacting ACLU.

Finally, I've entered through many POE's and Atlanta is about the worst. Detroit is not much better but they harrass everyone regardless of nationality/race. Chicago is the most hassle-free I've been through even though I've seen people being taken in to secondary inspection there as well. Best of luck to you!!
MHandMB
I'm sorry to hear about everything you're going through, Goldenheart. This process is gut-wrenching as it is, but to get so close only to be denied at the point of entry is downright cruel. I hope you figure out a way to get your fiance here.

My fiance came through JFK and had no problems whatsoever. He's a muslim from Algeria. He said there were a lot of people from Morocco on his flight and there didn't seem to be too many problems at the POE. He was in and out in a jiffy.

I agree with what everyone is saying about Atlanta. I have heard horror story after horror story. I know that doesn't help you right now, but please know that you're not alone, others have gone through it, too, and you'll find some way to be with your love.

Good luck and stay strong! rose.gif
chiquita


Had she not gone back to the embassy to have the petition revalidated that's what would have happened. The petition was approved Nov 2001 and the Visa wasn't issued until April 2002. The Manila embassy said they gave everyone another 4 months from the time they received the petition packet, but didn't officially revalidate the petition. So I knew the petition had to have been expired.



I don't understand... do you mean the visa itself expired or the petition you filed through USCIS expired?

From Nov 01 to April 02 is just 5 months so the petition was till valid.

The petition should be good for one year. The visa is good for 4 months (or whatever the CO writes), some can get it valid longer than the standard 4 months).

chi
chiquita
QUOTE(shonjaved @ May 30 2006, 03:51 AM) *

QUOTE(rushter @ May 30 2006, 10:04 AM) *

Well perhaps those attempting to analyze the situation should look carefully at the timeline? As the USCIS and DOS is paid to do?
(If you disagree with me on the 'appearance' of the whole thing, then fine, but something(s) just don't make any sense here).


July 31, 2004- USCIS received my petition
April 12, 2005 - Petition and Waiver to meeting face to face are denied
(This should have never happened, much less applied for IMO).

THE NEW JOURNEY HAS BEGUN
April 19-26, 2005- Visit in Germany (first time ever)
..... (snip).....
Aug 29, 2005- DS230 and another form was returned to my fiance for completion
Sep 1, 2005- My fiance returned everything

October 28,2005 -Administrative Review
(So what was the reason for Administrative Review? Any info in it?)


November 7-15, 2005- Vacation in Germany
December 21, 2005- Contact my Senator again.
JAN 2006- Decided to send an email to the Consulate and received a reply that our application is still pending.
FEB 27, 2006- I wrote another letter to the Senator again
MAR, 2006- I called the Consulate and received information that my fiance had a scheduled interview for Feb 20, 2006 and failed to show-up
Your kidding me right? Failed to show up?

MARCH 18-30 - MY THIRD VISIT TO GERMANY
You're certainly paying YOUR dues in this effort...

MARCH 20, 2006- Interview
MARCH 29, 2006- we turned in everything for them to process the visa, they promise it will take 10 days
VISA IN HAND!!!!!!!!!

Then shonjaved chimes in:
let me say this Atlanta is the worst POE for Muslim immigrants.

Ok.... So this fellow is a muslim. (Really? I can't see where it was previously indicated anywhere).
He refused to sign a biographical information form at the poe, and was subsequently denied entry.... needed a translator???

Hunh?

I would have to say on it's face, it's obvious that it's not immigration law compliance that's the issue, but whether the person intends to comply with immigration law, or comply with the laws of the usa.

First by applying for the no meet face to face thing... Good Gawd, that alone takes an act of congress to pull off - you obviously solved the problem by travelling to meet him instead - SEVEN DAYS after the denial? It's not like it takes a rocket scientist to figure out that the waiver was bogus in the first place since you went to meet him so quickly thereafter.

Second was that he allegedly didn't show up for a scheduled interview in his home country. After you had petitioned him... (The only real reason I could imagine someone missing this interview is a death in the family or the death of the beneficiary! - but at least they would reschedule the thing!)

Third he refused to sign a biographic information form at the port of entry. And he needed an interpreter.
Who did what wrong here?

Hell I'm no big fan of immigration legislation, but this pattern of behaviour is literally spitting in the face of the folks that are employed to enforce it.

All I can see are red flags.

Why did this behaviour take place to begin with? Why on earth did you attempt to petition to avoid meeting face to face?

Go ahead burn me to the ground for my comments, but something just stinks here.



listion IDIOT!@ zz

1st.. her time line is not off..
2nd POE is very harsh on muslims in ATL. 2 hour interrogation on all muslims is not acceptable!
along with a call from POE to question the USC is not acceptable either!
3rd.. there are NO red flags when a VISA is issued!
4th .. Admin review can happen to anyone! including you! - its security checks
5th .. just because the interview was missed did not mean her husband did anything wrong.
they never got the orginal letter. she dont have to get in details a
6th.. get a life you certainly need one.


blush.gif goshhhhhhhhhhhhh
meauxna
I-129f petitions are valid for 4 months from approval. K-1 visas are valid for six months from their date of issue.
chiquita
but because he signed them, he inadvertently admitted guilt, and we would have to file a waiver or wait out the 5 year ban. We chose to wait it out because we heard/thought the waivers were impossible to get (which also wasn't true - they're approved every day in Juarez).


Can I ask what he admitted guilty yo by signing the paper? I mean what was his crime they acused him of?

chi
Veiled Princess
I think some people here are confused or making assumptions or maybe I'm the one confused. I believe I read earlier that it was not a biographic data form that he refused to sign but was the form saying they were deporting him that he refused to sign. I can understand why he would refuse to sign that if he did not understand WHY he was being deported and had done nothing wrong to be deported.
chiquita
QUOTE(InLoveInMexico @ May 30 2006, 10:02 AM) *

My heart goes out to both of you. I think he was right not to sign the papers. If he signed them, he would be admitting to whatever they had documented on those papers.

My husband was detained and interrogated for 6 hours, and they told him if he'd just sign the papers they'd let him go home and I could file papers for him and he'd be able to come back in right away (blatent lie) He was so desperate and scared by that time to get out of there that he did sign the papers even though what the papers said wasn't true (and he couldn't understand them because they were in ENglish and at that time he only spoke Spanish). They gave him a 5 year ban too. Multiple lawyers told us it would have been better for him to not have signed the papers even though he would have been deported, as he wouldn't have admitted anything which could have given us a legal leg to stand on, but because he signed them, he inadvertently admitted guilt, and we would have to file a waiver or wait out the 5 year ban. We chose to wait it out because we heard/thought the waivers were impossible to get (which also wasn't true - they're approved every day in Juarez).

I don't have much advice, except I hope that it's some hope/consolation to you that your fiance probably did the right thing by not signing their papers.




Have you ever found out what they thought he was guilty of?


Collie
I'm curious to know what the adminstrative review was about? It doesn't seem to be something that appears normal that I've heard of before when reading about different cases.
LaL
QUOTE(Collie @ Jun 3 2006, 04:25 PM) *

I'm curious to know what the adminstrative review was about? It doesn't seem to be something that appears normal that I've heard of before when reading about different cases.



Its pretty much the norm for males from certain locations to go through admin review.
Aymerlu
QUOTE(lal_brandow @ Jun 3 2006, 04:09 PM) *

QUOTE(Collie @ Jun 3 2006, 04:25 PM) *

I'm curious to know what the adminstrative review was about? It doesn't seem to be something that appears normal that I've heard of before when reading about different cases.



Its pretty much the norm for males from certain locations to go through admin review.

Yep....it sucks
babybunny
QUOTE(Collie @ Jun 4 2006, 01:25 AM) *

I'm curious to know what the adminstrative review was about? It doesn't seem to be something that appears normal that I've heard of before when reading about different cases.



here you go have a good hearty read -


http://www.wolfsdorf.com/articles/Consular...50524.htm#_ftn5
Mr. Big Dog
QUOTE(TracyTN @ May 30 2006, 09:27 AM) *
So, is it some kind of 'standard practice' in Atlanta to give Muslim K visa holders a hard time, and to make them sign something they won't let them see? What is going on with that? Do they have the legal right to make them sign something, sight unseen, or threaten them with deportation? Something stinks to high heaven here.

I always claimed that airport was the entrance to hell - turns out I was right!

Yeah, that idiot of a CBP officer in ATL that Nani and I dealt with when we came back from Germany last year. He wanted to know why we, as a married couple, don't share the same last name. I just told him that he better mind his business and that the answer to that particular question certainly doesn't fall into that category. He didn't seem too happy with that response but I think he also realized that I wasn't in any mood to be fooled around with that afternoon. no0pb.gif
Veiled Princess
QUOTE(ET-US2004 @ Jun 3 2006, 10:45 PM) *

QUOTE(TracyTN @ May 30 2006, 09:27 AM) *
So, is it some kind of 'standard practice' in Atlanta to give Muslim K visa holders a hard time, and to make them sign something they won't let them see? What is going on with that? Do they have the legal right to make them sign something, sight unseen, or threaten them with deportation? Something stinks to high heaven here.

I always claimed that airport was the entrance to hell - turns out I was right!

Yeah, that idiot of a CBP officer in ATL that Nani and I dealt with when we came back from Germany last year. He wanted to know why we, as a married couple, don't share the same last name. I just told him that he better mind his business and that the answer to that particular question certainly doesn't fall into that category. He didn't seem too happy with that response but I think he also realized that I wasn't in any mood to be fooled around with that afternoon. no0pb.gif

Do they (the visa holder) have any real rights to complain about? I mean do they have the same rights as citizens and residents of the US? What I'm trying to understand is this... can they not just pretty much deport anyone who is here on a visa anyway for any reason they see fit at the time? Is there any kind of legal reprocussion that someone like the OP can get? Would she be able to sue immigration if she can prove they deported him without just cause?
Satisfaction
QUOTE(veiledprincesslayla @ Jun 4 2006, 12:55 AM) *
Would she be able to sue immigration if she can prove they deported him without just cause?


I don’t think there’s ever been a successful lawsuit against the immigration services... unsure.gif How many people have access to a lawyer while being detained in the INS detention center? whistling.gif
A.J.
QUOTE(Satisfaction @ Jun 5 2006, 12:16 PM) *

I don’t think there’s ever been a successful lawsuit against the immigration services... unsure.gif

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.
babybunny
QUOTE(Agent Smith @ Jun 5 2006, 09:56 PM) *

QUOTE(Satisfaction @ Jun 5 2006, 12:16 PM) *

I don’t think there’s ever been a successful lawsuit against the immigration services... unsure.gif

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.


Yes. this case was actully he waited 12 years someting long to get his approved visa issued.
there is some weird long azz term for this type of law suit.. starts with writ of M
somethign ..
meauxna
QUOTE(shonjaved @ Jun 5 2006, 02:26 PM) *

QUOTE(Agent Smith @ Jun 5 2006, 09:56 PM) *

QUOTE(Satisfaction @ Jun 5 2006, 12:16 PM) *

I don’t think there’s ever been a successful lawsuit against the immigration services... unsure.gif

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.


Yes. this case was actully he waited 12 years someting long to get his approved visa issued.
there is some weird long azz term for this type of law suit.. starts with writ of M
somethign ..

"Mandamus" be the word you're looking for?
diadromous mermaid
QUOTE(meauxna @ Jun 5 2006, 07:34 PM) *

QUOTE(shonjaved @ Jun 5 2006, 02:26 PM) *

QUOTE(Agent Smith @ Jun 5 2006, 09:56 PM) *

QUOTE(Satisfaction @ Jun 5 2006, 12:16 PM) *

I don’t think there’s ever been a successful lawsuit against the immigration services... unsure.gif

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.


Yes. this case was actully he waited 12 years someting long to get his approved visa issued.
there is some weird long azz term for this type of law suit.. starts with writ of M
somethign ..

"Mandamus" be the word you're looking for?


That's the correct term, but I'm not sure a Writ Mandamus would be the appropriate tool in the instant case. A Writ Mandamus is a mechanism to promote an agency to make a decision. As in the case that Agent Smith was citing, no decision was made and it called for Mandamus action to get the agency to make a decision. Inherent in a writ Mandamus is that there has been no action. It's designed to bring about action. Unfortunately, a duty owed to the plaintiff must be ministerial, and some Mandamus actions have been used to compel the exercise of permissible discretion, but not in changing the discretion but rather in employing discretion so that a decision can be made. In those cases, it is not the failure of the officer to exercise favorable discretion but rather the failure to make a decision on whether to exercise discretion.


chiquita
QUOTE(meauxna @ Jun 5 2006, 07:34 PM) *

QUOTE(shonjaved @ Jun 5 2006, 02:26 PM) *

QUOTE(Agent Smith @ Jun 5 2006, 09:56 PM) *

QUOTE(Satisfaction @ Jun 5 2006, 12:16 PM) *

I don’t think there’s ever been a successful lawsuit against the immigration services... unsure.gif

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.


Yes. this case was actully he waited 12 years someting long to get his approved visa issued.
there is some weird long azz term for this type of law suit.. starts with writ of M
somethign ..

"Mandamus" be the word you're looking for?



That is the word. But one does not have to wait 12 years to file it. I know of a darn good attorney willing to do it. He is a fighter for immigration injustice and abuse. He helped me so much just like Marc did.



QUOTE(veiledprincesslayla @ Jun 4 2006, 12:55 AM) *

QUOTE(ET-US2004 @ Jun 3 2006, 10:45 PM) *

QUOTE(TracyTN @ May 30 2006, 09:27 AM) *
So, is it some kind of 'standard practice' in Atlanta to give Muslim K visa holders a hard time, and to make them sign something they won't let them see? What is going on with that? Do they have the legal right to make them sign something, sight unseen, or threaten them with deportation? Something stinks to high heaven here.

I always claimed that airport was the entrance to hell - turns out I was right!

Yeah, that idiot of a CBP officer in ATL that Nani and I dealt with when we came back from Germany last year. He wanted to know why we, as a married couple, don't share the same last name. I just told him that he better mind his business and that the answer to that particular question certainly doesn't fall into that category. He didn't seem too happy with that response but I think he also realized that I wasn't in any mood to be fooled around with that afternoon. no0pb.gif

Do they (the visa holder) have any real rights to complain about? I mean do they have the same rights as citizens and residents of the US? What I'm trying to understand is this... can they not just pretty much deport anyone who is here on a visa anyway for any reason they see fit at the time? Is there any kind of legal reprocussion that someone like the OP can get? Would she be able to sue immigration if she can prove they deported him without just cause?



Absolutely!



babybunny
QUOTE(diadromous mermaid @ Jun 6 2006, 04:49 AM) *

QUOTE(meauxna @ Jun 5 2006, 07:34 PM) *

QUOTE(shonjaved @ Jun 5 2006, 02:26 PM) *

QUOTE(Agent Smith @ Jun 5 2006, 09:56 PM) *

QUOTE(Satisfaction @ Jun 5 2006, 12:16 PM) *

I don’t think there’s ever been a successful lawsuit against the immigration services... unsure.gif

I recall reading about some guy, last name Patel, who successfully sued and forced the US consulate in Mumbai to make a decision on a case after they had sat on it for some number of years.


Yes. this case was actully he waited 12 years someting long to get his approved visa issued.
there is some weird long azz term for this type of law suit.. starts with writ of M
somethign ..

"Mandamus" be the word you're looking for?


That's the correct term, but I'm not sure a Writ Mandamus would be the appropriate tool in the instant case. A Writ Mandamus is a mechanism to promote an agency to make a decision. As in the case that Agent Smith was citing, no decision was made and it called for Mandamus action to get the agency to make a decision. Inherent in a writ Mandamus is that there has been no action. It's designed to bring about action. Unfortunately, a duty owed to the plaintiff must be ministerial, and some Mandamus actions have been used to compel the exercise of permissible discretion, but not in changing the discretion but rather in employing discretion so that a decision can be made. In those cases, it is not the failure of the officer to exercise favorable discretion but rather the failure to make a decision on whether to exercise discretion.




That is like basicly-being approved for the visa. but the embassy decideds out of pure laziness not to issue it, even though the embassy said they would issue it?

it dont apply in this case- because, a decision was made. Hince the deportation and the banishment.
diadromous mermaid
That's my take on it, yes. It's my understanding that Writs are used when there is an extensive delay before a decision is made. If it's the case of not being able to make a decision, then the Writ would be to compel the exercising of some discretion so that a decision could be made. In goldenheart's case, the discretion used by the POE was not favourable, but it was exercised and a decision reached. I'm not sure how a Writ Mandamus would apply.
rodney22
Goldenheart,

Can we get an update?

maria_b84
Oh my God. I'm so sorry for you. I wish I could help you, I'd do it straight away.
All my best heart.gif heart.gif heart.gif heart.gif

Maria
shirlJ831
I pray for you both smile.gif
Isabel
QUOTE(joej @ May 30 2006, 06:52 PM) *

QUOTE(Uxorious @ May 30 2006, 02:33 PM) *

As a fellow VJer, I offer you my deep sympathies. I hope it get sorted out. In this present political climate,things go on that one cannot understand. A couple of years ago, when I flew in to Detroit from frankfurt, a gentleman in Arab garb was with his family. Obviously, he must have all valid travel documents. But once we touched down at Ddetroit, the plane stopped on the tarmac short of the terminal. Then immigration and uniformed personnel boarded the plane headed straight for the guy and led him off the plane. I overheard the stewardess say that she had had this experience in previous flights.
Again, I wish the best to both of you.

I just wanted to add something. Although I do not doubt that there is profiling going on, I was also pulled out of about 300 people on my plain back from Nigeria. I'm white, female and a USC, non muslim. I was questioned and they went through all my things with rubber gloves. This was in Detroit. Eventually they let me pass.
So sorry for your situation. I hope it gets resolved quickly.


Hi there,

yea they did the same with me in Detroit too. I was there to visit my hubby on the VWP. Eventually they let me through. But I did notice that especially muslims had a hard time, first thing they did when we all came out of the plane, they pulled ALL muslims out, right in front of the gate.....they didnt even get to the point all other visitors have to show up. So I think no matter where your POE is, you will have a hard time.

Sorry goldenheart to hear that. whenever he can come back maybe it would be could if you accompany him through the POE. That is what I would do. And i think it was very good he didnt sign any papers. good.gif

Good luck Isabel
Euro
Detroit is my local airport, BUT i always chose to enter the countryon the VWP any where BUT Detroit huh.gif
normaly Chicago yes.gif
zauberblume
If Atlanta and Detroit are so bad, what can we do to change their policies? How did these POEs get this reputation? I'm more than willing to sign a petition to overhaul the treatment that immigrants and citizens experience at POEs.

I understand that immigration officers can refuse entry to immigrants even if they have a valid visa... but why would they (granted all is in order)? It sounds like discrimination to me, especially if Muslim men are disportionately targeted.

I've entered in New York and Los Angeles. I've never had a problem. My husband never had a problem either...

I'm sorry, goldenheart. I do hope you get some kind of answers soon.
meauxna
z, it happens.

The POE in my city used to be known as Deportland for it's, er, unfriendly approach to arriving visitors. We lost a major airline contract for overseas flights because of it & were cut off from direct-to-Asia flights.
It took quite awhile to solve that problem here, and some very distasteful incidents before the higher ups did anything about it.

If you've been legitimately treated badly, complain.
zyggy
A lot of the tenor and policies that a post has comes from the Port Director and their supervisor the District Director. It's just like any bureaucracy... If someone has a long period of time in office, their feelings and methods on a subject get ingrained into the culture there. Even after they leave, the supervisors, the employees, etc. who were a part of that culture for a period of time have that as the Modus operandi. It can take quite some time and strong leadership to be able to turn a ship like that...

It also has a lot to do with the local conditions. Detroit as having the largest Muslim population in the US has been having big problems with overstays from people from the Middle East. Part of their hard line on individulas from the ME has to do with that local phenomenon.
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