Immigration harrasment and possible mistreatment

[Tradewind 6]

My wife entered the USA today after visiting her family in Colombia. I am here in California waiting for her and we plan to spend Thanksgiving and Christmas here. I did not want to spend a month in her family home with her parents and 4 brothers and sisters so I remained in the US. . We normally live in Panama and she entered the country with a flight return itinerary to return in January to Panama.

She got a flu shot several days ago and came down sick before she traveled. Immigration gave her a bad time, questioning why she was entering alone and could they test her for drugs. Of course she let them and of course negative. I believe it was an Ion test. They gave her a bad time about her tourist visa. We have been in and out of the country several times this year. They were pushy about why she does not have a resident visa here as we are married. Our choice right now is to not live in the USA permanently at this time and not to file for that visa. According to her they were concerned about her using her tourist visa too much. I will have more details later today. She was in tears and felt she was not treated right. Is this normal treatment for a 29 year old Colombiana married to a gringo. I am a little concerned. My wife has a 5 year B1-B2 visa. She received it in Panama a year ago We had a nice letter from my U.S. Senator from my home state. I asked my Senator to write a letter to give her fair consideration which he did. It is multiple entry and immigration seems to be concerned about multiple entries. Making statements about not using her visa like she is. I don't have all the details. Thanks for any reply to my concerns.

Maybe this is the way they treat Latinas coming from Colombia, with distrust and disrespect. I hope this was not the case as she was crying when she called me from Houston and I didn't get the whole story. She did miss her connection flight as she was delay by immigration. She was a little upset over the whole thing to say the least.

Edited November 6, 2012 by Tradewind

[Boiler 43,451]

Sounds like normal procedure.

So she is coming to visit for 2 to 3 months and has already visited several other times this year. How many visits and for how long?

[Tradewind 6]

Twice. We have a sailboat and we sailed in and sailed out and back in. Maybe this is normal and just the way people are treated. She just isn't used to it and she was upset about it. Immigration has treated us with respect before, no problem. She takes these things personally and I tried to tell her they are probably just doing their job. I have not gotten the full story yet..

[Harsh_77 716]

That would be the normal procedure CBP would grill ppl in your wife's situation with USC husband.

[canadian_wife 1,791]

A tourist is not a guarentee of entry into the US

The fact is, she has travled to the US many times and has a USC husband. They are right to be suspicious as that is their job. They are afraid your wife is misusing her tourist visa. It is up to her to prove that she is not

Good luck

[Tradewind 6]

How would you define "misusing her visa"? A 5 year multiple entry visa B1/B2 can be used how many times per year. The visa is good for a stay of 6 months per visit. If she is violating it then how? In the minds of immigration or what? What we have in writing is what I have said. If they did not intend that then why issue it that way. We just don't want to live here permanently at the moment. Since we are doing alot of sailing we are not living anywhere much at the moment. We have had repairs on our sailboat so we have spent some months in Florida. Not out of preference.

[canadian_wife 1,791]

Misusing her tourist visa, staying in the US more than she is out of the country. Essentially 'living' in the US when she shoudl be 'visiting'

how long has she spent inside the US within, say, the last 6 months?

Good luck

[Harpa Timsah 13,258]

I think the fact that she travelled alone also caused issue, unfortunately. Did she mention that you, the USC husband, do not live in the US?

[Tradewind 6]

3 months first time, 2 months second and now 2 months coming up. Total in 2012 will 6 1/2 months as we are leaving mid Jan.

[Boiler 43,451]

That would explain it.

At least they let her in.

[Tradewind 6]

Yes I think they gave her a bad time traveling alone. They were not nice about that. Also she and her father went for flu shots less than a week ago. They both are sick right now. Coming from Colombia with a runny nose is a no no, I guess. I wished she would be well before she traveled but changing a ticket is expensive. Alone and sick two red flags (also being under 30) She is a nice girl and after they interviewed her I am sure they confirmed that.

[Tradewind 6]

All red flags. They were just doing their job. I should have warned her I guess not to take these things personal. She is a good person and she has a hard time believing that people are distrustful. She need to watch more TV crimes shows I guess.

[Tradewind 6]

I think the fact that she travelled alone also caused issue, unfortunately. Did she mention that you, the USC husband, do not live in the US?

Yes she told the complete truth to them. Lying to Federal agent is 5 years I have been told. Not to mention losing visa privledges.

[VanessaTony 3,567]

Let her know that her treatment was most likely "normal" for someone traveling as she does, but that doesn't mean she's bad or anything like that.

If they were REALLY concerned they wouldn't have let her in. Let her know that. She proved them wrong. She co-operated. She never lied. She did VERY good! It's not uncommon for people to be turned back around and not let to enter so whatever she did/said she should be proud of herself

[Tradewind 6]

Let her know that her treatment was most likely "normal" for someone traveling as she does, but that doesn't mean she's bad or anything like that.

If they were REALLY concerned they wouldn't have let her in. Let her know that. She proved them wrong. She co-operated. She never lied. She did VERY good! It's not uncommon for people to be turned back around and not let to enter so whatever she did/said she should be proud of herself

You are very kind. I appreciate your thoughts and so will she I am sure. She arrives in 6 hours

Edited November 6, 2012 by Tradewind