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Diana2020

My husband was detained in Atlanta today 😭

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Hi guys, 

My name is Diana and I am very depressed tonight as my husband was supposed to come and visit using his tourist visa. My husband and I been together since 2015 and we got married on 2018, I got pregnant and had our first baby on august of 2019. He was been visiting me multiple times with his visa and come right back before 6months to his country. The last time he came was my labor week, so he can meet his first daughter and he went back to Jamaica in less than 2 weeks of stay in America. I was left with a newborn and bcos of COVID, he did not have the chance to come up and visit us again. So tonight was the night of his travel to go to his daughter as she will turn 1 year old on august 6 which is two days after tonight.

This afternoon I received a call from the airport and he said he was an immigration officer and he was asking me lots of question. He told me why I have not bought a roundtrip? I said I was planning to buy it in a few weeks.. I always bought his ticket to go back home to Jamaica when he was already in USA. We were never was asked like this before I was never heard a phone call from immigration. I don’t know what happened ??? My husband told me that they took his visa and he is banned to come visit USA ?? What happened to my daughter ? He will never see his daughter again??? What is this people doing it to us they are destroying our family and have us separated??? Please help me what should I do? I need your guys input 😢😭😭.. what would I do next ? Should I talk to an immigration lawyer ? This is so unfair, to they judged him without consideration! 

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@geowrian since he only arrived tonight, it’s possible he’s still in country? Is it possible for him to request voluntary departure, buy a ticket and leave? Avoiding a ban?


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  • IR1 interview scheduled 10/14/2020.. I cancelled due to pending AOS in country

 

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6 minutes ago, Duke & Marie said:

@geowrian since he only arrived tonight, it’s possible he’s still in country? Is it possible for him to request voluntary departure, buy a ticket and leave? Avoiding a ban?

If he was issued an expedited removal (that isn't clear yet) and hasn't actually been removed yet, there is no harm in requesting a withdrawal of application for admission instead of the expedited removal. Worst case is they say no.

Voluntary Departure wouldn't really apply here. I believe that would only be available through the court.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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8 minutes ago, geowrian said:

If he was issued an expedited removal (that isn't clear yet) and hasn't actually been removed yet, there is no harm in requesting a withdrawal of application for admission instead of the expedited removal. Worst case is they say no.

Voluntary Departure wouldn't really apply here. I believe that would only be available through the court.

Withdrawal Application for admission is what I meant sorry, just couldn’t think of the term.. hopefully she checks messages here before his forced removal.. it’s worth a shot and far better than ban’s/waiver applications etc,..

 

still find it odd no mention of CR/IR1 Application so long after marriage 


IR1 Journey

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018 (Nebraska) 
  • NOA2 30 September 2019 🙌🙌🙌🙌🙌
  • Sent to NVC 10 October 2019
  • AOS/IV Package Submitted 15 November 2019 
  • NVC Review Error 11 Jan Resulted in 9 week processing delay
  • Expidite Request Declined 😢11 March 2020
  • Lockdown in NOLA with Virus 23 March 2020
  • NVC DQ 4/25 pending being sent to Sydney for Interview
  • Sydney Closed... Australia on Lockdown due to Covid 19
  • IR1 interview scheduled 10/14/2020.. I cancelled due to pending AOS in country

 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • I-485 Interview Ready to be Scheduled 11 Jan 2021
  • EAD still pending 

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Just now, Diana2020 said:

I wish I can do that he doesn’t have any phone number that I can talk. He is in the airport still and I have no way to contact him. The only number I have is the immigration officer. 

Call them! 


IR1 Journey

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018 (Nebraska) 
  • NOA2 30 September 2019 🙌🙌🙌🙌🙌
  • Sent to NVC 10 October 2019
  • AOS/IV Package Submitted 15 November 2019 
  • NVC Review Error 11 Jan Resulted in 9 week processing delay
  • Expidite Request Declined 😢11 March 2020
  • Lockdown in NOLA with Virus 23 March 2020
  • NVC DQ 4/25 pending being sent to Sydney for Interview
  • Sydney Closed... Australia on Lockdown due to Covid 19
  • IR1 interview scheduled 10/14/2020.. I cancelled due to pending AOS in country

 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • I-485 Interview Ready to be Scheduled 11 Jan 2021
  • EAD still pending 

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52 minutes ago, geowrian said:

Sorry to hear about his denied entry and canceled visa.

 

It's not that unexpected, though. Tourists are presumed to have immigrant intent until they can demonstrate otherwise. With a US spouse, USC child, etc., overcoming that is pretty hard. It seems they didn't really question him in the past, but once they did, the strong ties to the US came up. They probably thought he was going to enter and stay. The lack of a return ticket is unusual for a short term visitor.

Entry as a tourist is always subject to CBP inspection. Fairness isn't part of the process. An immigration lawyer cannot change their decision.

 

Moving forward, the options are:

1) He applies for a new tourist visa and convinces the CO that he doesn't intent to immigrate and is otherwise eligible for a new tourist visa. CBP could deny entry again, although doing so with a new visa with circumstances that the CO already knows about (US spouse and child) is unlikely IMHO.

2) Start the immigration process for him to immigrate to the US.

3) Start the immigration process for you and your child to move to him.

 

You didn't mention anything about ever petitioning for him to live in the US. Why is that? What is/was the long term plan? Just keep visiting?

If he doesn't want to immigrate (or can't for some reason), then #2 above is off the table.

 

Edit: Also, what exactly did they say and what documents did they give him? I noticed you mentioned a ban....was he issued an expedited removal? If so, that would be a 5 year ban.

 

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The reason why he was their for too long due to his work. He is a police man on his job, and he has to come back to Jamaica as he is already in the contract. But we are planning to do the spousal visa, but we got pregnant so easy way and fastest way for him to visit me and my child is using his tourist visa. He was not cleared about the name of the ban, he just told me that they canceled his visa and I’m not sure if he was sure about what they told him  about not reentering USA anymore... I am clueless with this new policy due to COVID. Can I still apply for him ? Despite of this cancelled visa?

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2 minutes ago, Diana2020 said:

The reason why he was their for too long due to his work. He is a police man on his job, and he has to come back to Jamaica as he is already in the contract. But we are planning to do the spousal visa, but we got pregnant so easy way and fastest way for him to visit me and my child is using his tourist visa. He was not cleared about the name of the ban, he just told me that they canceled his visa and I’m not sure if he was sure about what they told him  about not reentering USA anymore... I am clueless with this new policy due to COVID. Can I still apply for him ? Despite of this cancelled visa?

It's not a new policy due to COVID. Although some CBPOs may be on the lookout for people using a tourist visa to stay as a means to bypass the various visa bans and suspended visa processing.

 

Yes, you can still petition for him.

If he was not issued an expedited removal, presumably he does not have an actual ban. So you would just go through the process normally.

If he was issued an expedited removal, there is a ban. This can be waived via an I-212. Professional assistance (an immigration attorney) may be useful when it comes to waivers.

 

First step is verifying exactly what happened. Was it a withdrawal of application for admission or an expedited removal? If it's the latter, can he convince them to change it still (I'm not sure if they can or will, but no harm asking).

Normally they don't do an expedited removal when the individual is cooperative and honest/upfront with them. But it is the officer's discretion to make withdrawal of application available.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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23 minutes ago, Diana2020 said:

Did they come up on this decision to deny his entry because we are married and have a child and he was only a tourist?

It would have been because they thought he was using his tourist visa to enter but intended to stay permanently. By law they have to assume immigrant intent, and the person applying for a visa/entry has to show otherwise. Unfortunately not having a return ticket when he has a family in the US is a big red flag. I’m sorry this happened, and I hope you can figure a way to sort it out. Unfortunately too many people do actually use tourist visas to enter and stay, and this makes it harder for genuine visitors who get tarred with the same brush.

Edited by SusieQQQ

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Thanks for your input, 

The thing is this is not the first time I bought a one way ticket. The last time he came was on 2019 of august so he can witnessed my labor and saw our child for the first time after few days he went back to Jamaica as he have to return to work. It was only here less than two weeks. He only saw our child in her few days old. And I was alone raising my daughter for 11 months and she is turning 1 this August 6th that’s why he came to united state to be with his child on her 1st Birthday. I am so sad for my daughter he could see his dad bcos of this matter 😭😭😢

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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline

The truth is, we are living in extreme times; any small mistake and these guys could make you pay. So as an individual you have to take extreme measures to cover yourself. Buying a one way ticket to the US under a tourist visa is a NO NO. Anyways..that's water under the bridge. Try another tourist visa if it fails then petition for an IR1 visa. Then, some airports are just tough when it comes to B1/B2 entry. Boston, Atlanta, Chicago, Miami and Dallas come into play.

Edited by retheem

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