12 Year Old in Trouble - Need some advise

[TBoneTX 43,157]

Kenny,

Sorry to hear this.

1. I presume that the passport confiscation was at the Del Rio port. Call to see if Mike Perez is still the Port Director. He was extremely accessible and congenial when I spoke with him a few years ago.

2. Contact this law firm ASAP: http://www.fosterquan.com

They're the, or one of the, largest immigration law firms west of the Mississippi. They have extremely reasonably priced e-mail and phone-consultation plans. Let us know what they tell you.

3. Off-topic: Did DRT ever get commercial airline service back?

T-B.

[kennym 275]

Can anyone find anything supporting the Claim that enrolling our daughter in a Private School while we work out the issues with her father is a violation of a tourist Visa.

I spoke to an Attorney today, and he advised me it isnt.. But that is the entire case the Immigration officials have..

My question is; if experts cant agree, how in the world, do they expect us to know?

Thanks everyone

[Hypnos 6,576]

Ipso facto it isn't, but they are probably going with the totality of the circumstances surrounding enrolling her in school, rather than that being the only act itself.

The case Boiler referenced above is a good start, if you want to read up on it. I personally wouldn't bother fighting it if that is what you are thinking of doing. Either file for her AoS or have her depart before her new I-94 expires. Of course, ultimately it's up to you.

[kennym 275]

Here is something interesting...

http://www.cpvisa.com/students.html

Do I need an academic visa to attend a language school? Do I need an academic visa to attend primary or secondary school?

A student wishing to attend a university or other academic institution in the United States, including primary and secondary schools, or a language training program requires an F-1 visa. Section 214(l) of the Immigration and Nationality Act (INA), prohibits the issuance of F-1 visas to students who are going to the United States to attend public elementary schools (grades K through 8, approximately ages 5 to 14) and publicly funded adult education programs such as foreign language classes. Students applying for F-1 visas to attend public secondary schools (grades 9 through 12, approximately ages 14 to 18) are limited to a maximum of 12 months of public high school in F-1 status and must show proof that payment has been made for the full, unsubsidized cost of the education before a visa can be processed. Students attending private elementary and secondary schools are not affected by this ruling.

Nonacademic (M-1) Visa

[I AM NOT THAT GUY 5,715]

CBP kept her passport? That's a little unusual. Ask them to return it. I'm not sure if they are permitted by law to retain it in that manner.

Yep. The passport is the property of the issuing government. And, how is she expected to board a plane and reenter her home country without a passport.

[kennym 275]

Yep. The passport is the property of the issuing government. And, how is she expected to board a plane and reenter her home country without a passport.

CBP contacted my wife and returned the passport to her today...

[kennym 275]

Ipso facto it isn't, but they are probably going with the totality of the circumstances surrounding enrolling her in school, rather than that being the only act itself.

The case Boiler referenced above is a good start, if you want to read up on it. I personally wouldn't bother fighting it if that is what you are thinking of doing. Either file for her AoS or have her depart before her new I-94 expires. Of course, ultimately it's up to you.

Yes Sir, we're working with an Immigration attorney who seems very informed.. we had several calls with him today.. I think we're getting good advise.. hopefully...

[kennym 275]

Ipso facto it isn't, but they are probably going with the totality of the circumstances surrounding enrolling her in school, rather than that being the only act itself.

The case Boiler referenced above is a good start, if you want to read up on it. I personally wouldn't bother fighting it if that is what you are thinking of doing. Either file for her AoS or have her depart before her new I-94 expires. Of course, ultimately it's up to you.

Just another thought... the case Boiler Referenced - first was a couple notches above my reading level, but it seems somewhat different in scope..

In that case, It seems we are talking about the guys primary intent.. and he is an adult at that.. in our case, our daughter has no intent one way or the other... in fact, to be completely truthful, she'd rather be back in Colombia where all her friends are.. The only issue is, there is no place to for her to live unless my wife just leaves and lives there with her...But, isnt making the decisions, she is trusting me to make the decisions for her.. She has no ability to intentionally defraud or comit a crime..

It's very interesting how professionals in the field of immigration (enforcement or attorneys), cant agree on the law.. How do they expect a normal guy like me, to understand it..

I'd like to understand the rationale behind the agents decisions.. The question of intent is so dificult to determine.. even we dont know our intentions yet.. and, we could have Adjusted status anytime based on our relationship if we had a conclusive decision from the dad, what motivation could she or us, possibly have to defraud the law?

Gus, We are like any other family that deals with ex spouses... except the ex, in this case, is in a different country.. never-the-less, I am USC trying to do whats best for my step daughter..

Edited February 4, 2015 by kennym

[Boiler 43,543]

My personal opinion is that making a fuss about your step daughter if she adjusts would be a nonsense, we have DACA and DAPA, this is very minor.

Let us leave the possible adjustment out for the moment. She had been attending school, she left and seemingly was entering to carry on her schooling, and from how it was described this is a regular school.

However you look at it is a pretty blatant misuse of a tourist visa.

I would have expected that at best they would cancel the B and parole her in, you were lucky.

Bear in mind that any future visits are going to be difficult.

[kennym 275]

Boiler,..

Please understand.. My "fuss" is more about "confusion"..

Please spell it out for me, because I'm slow.. Can we adjust at the moment?

I am not clear!

The attorney feels we can... I'd like to understand your thoughts... I am sorry, but didnt really understand you comments.. Our 12 year old, can't spell "blatant misuse" nor did she understand the law, since we clearly didnt understand it either.. and frankly there is some confusion based on the research I've done, since she was in a private school.. and from speaking to "Experts and Attorneys" there is confusion even amongst those people if we violated any laws.. The term "Blatant" would mean we clearly disregarded rules, but since the experts cant even agree, how can we be held accountable for something that is unclear to people in that line of work?

Also, in terms of "leaving and returning" she went to Mexico with her mom, (2 minutes from our home, Del Rio, Texas), and returned after playing Volleyball.. Something they've done a dozen times since she arrived in December...

Please, lets not get into confrontation, we're genuinely looking for help...

Also, what do you mean by "DACA and DAPA"?

Edited February 4, 2015 by kennym

[Hypnos 6,576]

She is eligible to adjust right now, since she was paroled in. Even if she had preconceived intent to immigrate on a tourist visa (and it's pretty clear that she didn't; as you said, she's a child for whom her life is kinda all over the place right now) it would still not be a barrier to adjusting (Matter of Battista).

At the same time, she clearly is not a bona fide tourist. Enrolling in school is not something many tourists do, and this is one of the reasons CBP are giving you a hard time. Essentially you have to make a choice between her returning to Colombia and resuming her life there, or filing for AoS in the US and starting a new life here. Trying to straddle the two, which you've been trying to do (again: not criticising; I understand the rock and a hard place you're between) is just not a feasible strategy going forwards.

At least you have her passport back. That will be a help.

If you filed for AoS I doubt anything that has happened would be enough to prevent her from adjusting, but IANAL.

Edited February 4, 2015 by Hypnos

[kennym 275]

Hypnos

Thanks for being so clear with me.. I have taken the entire week off and finally got some sleep last night...

It was not clear, and frankly "Lawyers" scare me especially since thier advise varies throughout the spectrum...

Your message is crystal clear, and that is exactly what I needed... "Clarity" Thank You!!!

I am working on all the Documents as we speak...

We got the T-B Test done Monday, and have the exam scheduled tomorrow for the Physical with an Immigration Doctor...

We also got an extension of the Voluntary Departure until the Mar 6th..

Just to be clear, I intend to Send in the AoS, but what happens, In our case, to the Voluntary Departure... I've read if shes not gone on of before the date on the I-94, that there are stiff penalties and consequences such as an immediate 10yr ban.. do you know more about how the AoS affects this? I've searched the web and found lots of results, but not clear if AoS stops the clock on the Voluntary Departure...

Thank You...

Edited February 4, 2015 by kennym

[Hypnos 6,576]

Beyond my pay grade I'm afraid. Does she actually have a Voluntary Departure Order? You haven't mentioned that before.

[I AM NOT THAT GUY 5,715]

Worth a read:

http://www.nolo.com/legal-encyclopedia/voluntary-departure-what-happens-you-dont-leave-the-united-states.html

[Hypnos 6,576]

I was just reading that page a few days ago for something else; it's an excellent read, and succinctly sums up the issues.

OP, if there is a Voluntary Departure Order in effect then you may not be able to file for adjustment. Originally you made it seem like she was just paroled in with a short I-94.

A Voluntary Departure Order usually counts as a Removal Order, and persons under a Removal Order usually cannot file for adjustment until the Order is lifted. I'm unsure as to whether CBP have the authority to issue VDOs themselves or it has to go through an Immigration Judge; certainly the other cases I've seen involving VDOs have always come down from an IJ.

If possible you should post a redacted form of whatever paperwork CBP supplied you with, in addition to the I-94.

Edited February 4, 2015 by Hypnos