221g ask for docs confiscated at POE .. how to get it?

[nimtim 0]

During K-1 interview at embassy, CO gave 221g asking for fiance's documents that POE officer had taken away during denial of entry. About a year ago, POE officer had not only taken away all documents including previous visa extension docs, but also did not provide any papers during the denial of entry. Those confiscated documents must have made it into USCIS records, right? What is the best way to get a copy of those records to reply to 221g?

Thanks for your help.

[emt103c 10]

Did she tell them that they had been confiscated and what was their response?

What consulate are you dealing with?

If they will not budge, your best bet is to do an FOIA, specifically requesting those documents with the POE. . however, they keep their own records, I wouldn't think they would have those documents still. . though it is possible. What type of papers were they? Could you get copies from elsewhere?

[nimtim 0]

During interview, CO was told that POE officer confiscated all such docs, CO said he's never heard that!! Is it common that POE officer confiscate all papers in one's bag including medical documents, and not even provide any paper indicating reason for denial of entry?

How long FOIA may take for such document request? Mainly, the 221g is asking for earlier visa extension documents filed with Uscis and their decision notice, all of which was confiscated with no copies left.

[emt103c 10]

I know that this is Monday morning quarterbacking, but she should not have had all of her copies on her person. I have multiple copies of everything I've ever filed with "those people" for the last six years and am too afraid to throw them out or put them anywhere besides a fire-proof safe. . .*sigh*

Anyway, NO, it is not normal for them to basically steal her papers and give her nothing back. Did they write any codes in the passport? I would request an FOIA from the POE and also reissues of the documents (in the form of an FOIA from the USCIS.) Both are probably going to be unsuccessful, but you have to try. . .it will definitely add months to your process. In the meantime, you could try to argue the point by sending a letter telling them that you do not have the papers and getting elected officials to write in support of your request that they allow your processing to continue.

It sounds to me like they do not have the extensions on record and that they are going to accuse her of overstay, so you need to get any proof that you can possibly find. Were any of the documents they requested I-94's?