Detained at Customs

[Shelldb 44]

My fiancé traveled on the 18th of May and currently he is being detained at the Chicago Border Protection. His visa has been canceled and they can’t fly him home because London will refuse him. I was advised to contact my Congressman, but I can’t get a hold of anyone after business hours. He is being held like a criminal and we don’t know what to do. He is still in the United States. I just want him here with me. Any suggestions would be helpful

[centric23 95]

21 minutes ago, Shelldb said:

My fiancé traveled on the 18th of May and currently he is being detained at the Chicago Border Protection. His visa has been canceled and they can’t fly him home because London will refuse him. I was advised to contact my Congressman, but I can’t get a hold of anyone after business hours. He is being held like a criminal and we don’t know what to do. He is still in the United States. I just want him here with me. Any suggestions would be helpful

Do you know why he was detained? If he's a London citizen, they can't refuse him.

[Mike E 11,740]

Was he traveling on his K-1 visa?

 

You can notify the nearest consulate or embassy of his country that he is being held.  

Edited May 21, 2022 by Mike E

[Mike E 11,740]

perhaps CBP agrees with you. 

[Mike E 11,740]

Did you contact the embassy to cancel his visa?

[SusieQQQ 11,586]

42 minutes ago, Shelldb said:

they can’t fly him home because London will refuse him

If London is “home” why would they refuse him? Was he illegally in the UK?

[SusieQQQ 11,586]

10 minutes ago, SusieQQQ said:

If London is “home” why would they refuse him? Was he illegally in the UK?

So I looked the other thread linked above. He’s from Nigeria, and there are direct flights from the US to Lagos. What does London have to do with it? Did he tell you this “London” information or did someone from CBP tell you?

[Boiler 45,665]

12 minutes ago, SusieQQQ said:

If London is “home” why would they refuse him? Was he illegally in the UK?

He is Nigerian and presumably does not have a UK visa but could transit with a US one.

 

[TBoneTX 45,536]

37 minutes ago, Mike E said:

perhaps CBP agrees with you. 

And it sounds as though he needs to go.

[PatLuvO 284]

What is the reason they detained him? You should probably try to get in contact with an experienced immigration lawyer.

[SusieQQQ 11,586]

49 minutes ago, Boiler said:

He is Nigerian and presumably does not have a UK visa but could transit with a US one.

 

He doesn’t need to transit London to go home from the US, though. He doesn’t need to transit anywhere outside the US, there are direct flights. I’m sure CBP can handle domestic transfers. That’s why I was interested in who told OP this.

 

Also re-reading first post have noticed at least a one day gap between traveling (18 May, presumably arriving US 19 May latest) and it being “after hours” for phoning congressperson on 20 May. Was there zero communication during this time? Having watched a zillion episodes of border security, I’d be surprised if that’s the case - they tend to call the waiting USC pretty quickly when they detain someone, and usually they seem to do it as part of the decision process in whether to let someone in or not. I think there is a little (lot?) more going on than what we’ve been told here but I’m unclear whether OP is holding something back, or OP hasn’t been told the full story.

[Mike E 11,740]

20 minutes ago, PatLuvO said:

 You should probably try to get in contact with an experienced immigration lawyer.

The above was posted by a CBP officer who has since deleted his reddit account. I reproduce his comments below:

 

Quote

 

First of all, since she's your girlfriend, CBP has no legal or even moral obligation to tell you anything. When I use to work as my port's public liaison Officer, oddly enough, boyfriend/girlfriends were more of a nuisance than actual families, who seemed to accept our decision and/or brief explanation. 

 

At this point, and moving forward, whatever is going on is a matter between CBP and her, no one else. She could be involved in any of myriad of immigration violations, and that's her business to share.

 

Since our decisions our administrative versus criminal, good luck having a lawyer make any contact either. I use to have a short speech I would recite when an attorney called or showed up to our public office, and it basically said that since your client is not being charged criminally, and hasn't been admitted into the U.S., you have no right to represent here. Wait until they are denied entry, then file an appeal if desired.

 

12 hours is not much. Most people are turned around immediately, or the following day, as some airlines that only fly in once a day will either do a quick turn around back home, or stay the night. Passengers typically get sent back on the same carrier to the same city they came from. 

 

You very likely won't have any contact with her directly. A CBP Officer might call you to tell you to go home. That means she's not coming in. Even that phone call is rare. 

 

Your best bet is the consulate. We deal with them in notifying them that we have one of their nationals in holding. 

 

Every airport I've worked (3), CBP hard secondary areas were all the same. Beds, snacks, tv, restrooms, access to real food via food court if the passenger wants to pay, constant monitoring 24/7, etc

 

If you even bother calling a lawyer, get one that that knows basic immigration law. We should not be schooling the family lawyer that calls up irate, only to find out they practice another form of law.

 

With evidence on her phone as you said in another post, ideally we get her for an ER, which means you better start saving your own personal money and miles, because it looks like you have some flying in your future haha

 

 

[SusieQQQ 11,586]

That’s an interesting post, however, I’d be surprised if they treat boyfriend /girlfriend of someone presumably coming in on tourist status as seriously as they treat someone coming in on a visa based on a petition by a USC, that a CBP officer (apparently) has cancelled. Did that officer post anything about denying K1 visa holders entry that we can use as comparison?

[Family 4,025]

2 hours ago, Shelldb said:

fiancé traveled on the 18th of May and currently he is being detained at the Chicago Border Protection. His visa has been canceled and they can’t fly him home because London will refuse him. I was advised to contact my Congressman, but I can’t get a hold of anyone after business hours. He is being held like a criminal and we don’t know what to do. He is still in the United States. I just want him here with me. Any suggestions would be helpful

Something is NOT what it seems about your fellow…and if they have cancelled his visa, then he will be sent back to Nigeria ( am assuming he will be asking you to pay for the return ticket..but even if you refuse, they will send him back) and nothing the Congressman nor an attorney can do . 
 

At most , if you get a chance to talk on the phone, your fiancé can tell exactly what questions he was asked, was his phone searched and if so , what did they find…looks like they found something that did not line up with his visa. 

Thank you @Mike E the speedy research/ and post straight the horse’s month . OP will have a chance to FOIA CBP encounter , and then decide IF you want to continue with…on the VERY LONG road ahead.

[JeanneAdil 6,554]

Reading this post  i think of the man who waited for his K1 fiancee at the Atlanta airport and he posted on here

he said she sent him a text saying they were refusing her entry and sending her back to her homeland

as he was getting his car,   he saw her in another car leaving the the Hartsfield Jackson  airport 

if your info comes from your fiancee ,   u were used  for the K1 as u originally   thought 

i also watch youtube border security videos

so,  who informed u that he was detained?

if him,  i highly doubt it

there is no reason for a CBP to refuse entry for  an approved K1 visa  unless u cancel the petition/ afterall this person passed all the security that immigration did to approve the petition and him

 

 

GF u were used for a visa and u should have cancelled

Edited May 21, 2022 by JeanneAdil