K-1 after removal

[JFH 12,189]

Unfortunately for him, immigration is not an "innocent until proven guilty" scenario. In fact, it's the other way round. They don't have to prove he was trying to get into the country illegally, the burden of proof is on him to satisfy the officers that he is not. Obviously he did not do that. And a one-way ticket and an indefinite return date ("when my girlfriend's daughter feels better") did not help his case. The B2 rules do not specify that one must be in possession of a round-trip ticket (as is the case for VWP folks) but the rules do state that the visitor must prove that they they are coming for a "specific" duration. Theoretically he was in breach of the conditions of his visa.

The border is a no man's land. You are neither here, nor there.

Regarding the flights, it's quite possible that there were flights with UA earlier. The biggest airline in the world has hundreds of flights a day and somehow there would have been a connection through UA and its alliance partners. Whether there were seats available is another matter. Or whether there were seats available on a routing that did not involve a transit in a third country for which he would require a transit visa is another matter. You didn't expect them to put him in the Hilton, did you? Bear in mind, he was found to be ineligible for admittance into the country. If this was not your boyfriend, but you read the story in a newspaper of someone who was found to be inadmissible into the country, where would you want them to be kept until a flight leaves? People who have been arrested and who are innocent until proven guilty are not kept in hotels while they await trial, so why shouldn't your boyfriend? He had access to a phone and video chat. Presumably he was fed. What rights have been violated?

And all this could have been avoided by buying a round-trip ticket. With your extensive experience of bringing people into the country I would have thought you would understand how CBP work. Were your previous husbands and boyfriends from so-called high-fraud regions?

Edited November 21, 2016 by JFH

[matmertin2016 4]

That's your opinion and NO the officers did not act accordingly...

Yes, I know it depends on the officers mood and "acting accordingly" doesn't give a person a right to be any kind of way just because they're having a bad day. Does you having a bad day give you a right to treat people poorly?

Coming to this country is a privilege not a right....no kidding! It's also a privilege for US residents to travel to other people's countries. It doesn't permit the treatment of humans as inhumane....unless, of course, you have varying belief on who deserves respect and who doesn't...

The whole situation was a human rights violation which is precisely why the ACLU chapters all over this country work diligently to assist victims of such situations and acts.

I have to say... if you are soooo appalled by the US immigration system there are things you can do!? Just 2 off the top of my head is to stop marrying immigrants and trying to bring them into the USA... or better yet you can migrate to their country of birth and see how their counties immigration process is!?

[matmertin2016 4]

The "reason" they claimed for detaining him was because Benin is not a country that has routine flights all day long like some other countries and the first flight they claim they were able to book him on happened to be 4 days away.

When you talk about abuse of power, the same CBP officer who denied him and sent him to the correctional facility was the same one who had issues with our interracial relationship and she was the same one to be there when he returned back to O'Hare Airport to leave 4 days later. When she saw him, she said, "How was that? Did ya have fun? Did they treat ya real nice?" Does that sound at all professional or humane or even decent? I'd have to say no....and yes, you are correct, I am STILL furious!

I'll say this again...there are THOUSANDS of foreigners being detained in correctional facilities here and many of them are for minor reasons if not just suspicion alone. I wasn't aware of this fact either until it touched someone I love personally. Some are even being abused while in custody. This is no different than any other issue--we are often blind to situations and circumstances until they touch us directly. Then our eyes are opened by force.

Sure I'm sure those were the exact words used... how would you know were you there!? I'm willing to bet no... or is it word of mouth from your boyfriend giving HIS-tory....

[Unlockable 7,306]

This whole argument about how he was treated can be shut down with two words... national security.

I've seen people (US citizens) get treated like ####### at times. If any complaint is made, then those two words are put into play.

It's may not be right but it is difficult to plead your case when those two words trump everything. (No pun intended)

[Hypnos 6,576]

By law US citizens cannot be denied entry into the US, even if they aren't in possession of a valid US passport.

[JenniferNangel 137]

I have to say... if you are soooo appalled by the US immigration system there are things you can do!? Just 2 off the top of my head is to stop marrying immigrants and trying to bring them into the USA... or better yet you can migrate to their country of birth and see how their counties immigration process is!?

????????

[Villanelle 4,121]

OH MY GOODNESS PEOPLE. Can we give this woman a break already!!!

Geez I know everyone has to throw their 2 cents in. But READ her last post. She said she knows she got a bit worked up about it because it was a difficult and emotional situation. Think about how you would feel if the person you love came to see you not for a routine visit but to support you during an already stressful time when your child is in the hospital and ends up getting tossed into a detention center because of immigration intent. Its like do you need anymore problems??

Yes, she was and probably still is upset about it. But she has said she is going to accept that it has happened and just let it go. She understands why it happened- respects the laws and policies- but she can still feel like they suck. I take that to mean no grudge, no rantings, no constant comments to the fiance about implied or perceived prejudiced. So there is no reason to keep going on about this. It wasnt even why she posted.

Im going to politely ask that any further comments stick to the original question posed which was about filing a waiver since he was removed and this being her 3rd petition.

[Tracy-Tonia 24]

I have to say... if you are soooo appalled by the US immigration system there are things you can do!? Just 2 off the top of my head is to stop marrying immigrants and trying to bring them into the USA... or better yet you can migrate to their country of birth and see how their counties immigration process is!?

Wow! Your response was completely uncalled for and ignorant. We are all on this forum because we are either the "immigrant" or the person trying to bring the "immigrant" into the USA. Thus, your statement applies to you too. The OP had a legitimate question and wanted advice, but unfortunately the usual culprits have turned this thread into something undesirable. I wonder if the OP would be told to "stop marrying immigrants and trying to bring then into the USA" if say her previous spouse and current fiance was from Germany, UK, Canada, etc? Hmmmm.....

[JenniferNangel 137]

OH MY GOODNESS PEOPLE. Can we give this woman a break already!!!

Geez I know everyone has to throw their 2 cents in. But READ her last post. She said she knows she got a bit worked up about it because it was a difficult and emotional situation. Think about how you would feel if the person you love came to see you not for a routine visit but to support you during an already stressful time when your child is in the hospital and ends up getting tossed into a detention center because of immigration intent. Its like do you need anymore problems??

god forbid that happen to me I would make sure my husband had the correct visa and followed all the rules and guild lines required for that visa. You can't come here on a visitor visa with a one way ticket and expect no problem from customs especially coming from a high fraud country.

My husband himself comes from a high fraud country and we had no problems at all throughout the immigration process,he's here with me now because WE followed the rules in order to bring him here if only more people would do the same they wouldn't be worrying about the "cruelty"that goes on in immigration detention center

[Anitafeliz 1,133]

OP she abandoned this thread...hasn't been back in a while...

no sense in arguing amongst ourselves.

OP needs to understand CPB has a job to do...their job cannot factor in the people it may or may not affect because then we would have to let everyone in.

move along nothing else to see here.

Edited November 22, 2016 by Anitafeliz