researcher123

I'm a US Citizen, girlfriend from Nicaragua, she would be potentially immigrating through me under a fiancé visa, when the time comes for that.  But we are not wanting an immigrant visa at this time; My understanding is my status is irrelevant to a tourist visa application to visit US.

Thanks for the helpful comments but can you guys (one person) chill with the ad hominem?  No one was suggesting anything fraudulent and it's pretty rude to tell someone you don't know that wanting to spend time with their S.O. before marrying is "silly" or trivial.  Remember, these are actual peoples lives and loves we are talking about.  Also, no one "deserves" a visit to the states.  Visas are granted all the time, or not, to people regardless of how "deserving" they are.

The rest of you guys were all very helpful, but there seem to be a minority of commenters on this site who like to throw in accusatory and judgmental comments that are not helpful to the original poster, and certainly not to anyone else reading here.

It sounds like spending more time down there, and/or shoring up some evidence for ties to her country and trying another tourist visa to the U.S. are the best bets.  She has a decent job in import/export near the airport for several years. The reason for rejection before was stated as lack of money in the bank, I believe she had around $1,000 USD.  I noticed the rejection rate of Nicaragua is over 40%, so it's not terribly easy (Costa Rica is less than 10%).

As for the work visa, I thought those are very difficult and expensive, especially in today's America, and you must really prove the job is one that could not be met easily by an American.  The student visas, the consensus seems to be they are incredibly expensive (require $10,000+ university tuition).  I can look into a local English language school at my university, but I think they only help with the visa if you enroll full time, so again thousands of dollars. 

I have met my girlfriend's parents (Nicaragua) and visited her 4 times over the past couple of years.  She has applied for 2 tourist visas and been denied (right before Trump took office).  She was told insufficient funds in her account, I think she had around $1,000.  Things drifted apart but now I am trying to reconcile.

She has never met my family, and I want to bring her to the US.  I did not want to do fiancé visa, because I don't want to rush into a marriage.  I think I would like to marry her some day but that is not my intent today.  I have read that some questions they ask at K-1 interview are 'where will the wedding be' "why are you getting married in US instead of your country" etc.  But I'm not bringing her here to marry.  That would be an option after at least a month or so but I'm not going to plan a wedding or anything now.

It seems like a catch 22-- obviously with 90 day term (used to be longer), the purpose is to TRY things out, and you do not have to marry.  But on the other hand, it seems the interview and many questions assume you are marrying.  So what is the best way to handle this?  I want to be honest but I am not going to a) rush into a marriage before I am ready or b) deprive myself of a possible really nice relationship because of the immigration rules.  The best option was tourist visa but that failed twice.

My fiancee interviewed on Oct 22 2015. Now her status page changed to AP. Is this something we should be worried about? I have been waiting for 2 months and no response from them.

Administrative Processing

Application ID or Case Number: XXXXXXXXXX Case Creation Date: 21-Aug-2015 Status Updated Date: 28-DEC-2015

Truthful explanation: I was misled from disinformation. I've never suffered any instability.

This unstable thing is just what you're trying to use to explain off what happened? You're just seeing if we think they'll believe that?

Sounds like you're making the instability up to pass immigration.

Yeah! Exactly that is what it is. Will they believe that?

I might need to figure out something better than saying the unstable thing. Something from religion, spirituality, politics. I have to research.

I keep asking the same thing, the OP is being elusive with his answers, he won;t even divulge which country he is from.

OP, I would love to know why you were coming here for a supposed 6 day vacation then all of a sudden tried to claim asylum because you were "unwell", you obviously knew before entering you were going to seek asylum. The whole situation seems convoluted and confusing, and by not answering what your credible fear was/is it seems like you are trying to hide something. You cannot expect to get any answers or help from members when you just keep talking in cryptic circles.

Some of my personal identifying information must stay private. Sorry, we are in a public forum.

I did not want to claim an asylum, the CBP wanted me to claim one. I did not claim it because I never filled the asylum form. But I was in the process which I ended right before there was the need to fill the request for asylum.

I wanted to consult with a lawyer for advice because of something that happened in my country, and I thought it would be a good idea for a few days to go for holiday, to leave that country. I was in need to discuss it and get advice. Not in need to go through any stupid credible fear or detention, or anything to do with asylum. I would only request asylum if I had a strong asylum case.

Disclosing what I needed to discuss with a lawyer to anybody else than the lawyer was a grave mistake.

Nobody believes the things written in "credible fear" happened, and just by mentioning those things, I am doing myself a disservice. I have to call the credible fear a mistaken belief.

Almost everybody would believe the credible fear is some garbage which I said because I had a "chemical imbalance". (Who could challenge that?) It is more believable than the truth, yet it is completely fictious and fabricated, nonverifiable, and infallible. Today's society also believes in religions and spiritualism, and clever fake reasons can be borrowed from there. (I do not want to risk being stigmatized by some charlatans when I am healthy)

If I would tell you the truth about what happened that made me leave my country for a few days for holidays during which I wanted to discuss with a lawyer, none of you would believe it without evidence, and I do not have any cameras or anything to have it recorded and show it as evidence. It is as unbelieable as winning a lottery, or more.

I am totally stuck on this. Simple truth is not good enough, evidence is not here, and it is what I say vs. what people want to believe. I will research it and find if and how rhetoric can be used to persuade, or to craft some alternative explanation based on what people like to believe, and based on what sounds good...

US immigration is not perfect, but it is what it is. If you are coming to a foreign land, you must abide by their rules, however absurd that might sound to an outsider. I am curious as to why would want to come back here at all, after having such unsavory experience? There are enough scientific jobs in the EU, believe me it's not easy to get a job here in the scientific / engineering filed either, as US produces way too many PhDs and there are not enough jobs for even the U.S. produced PhDs.

I agree with you. My experience could have been the best holiday imaginable, 6 days near the beach in Los Angeles, in a beautiful hotel with a pool, palm trees around, and many other conveniences. If I sent any request for information about immigration into this forum instead of suggesting that I ask in person, or if I called the immigration lawyer from home, I would have a great holiday time, and nothing bad would happen. I have been punished too harsh, part of it is my fault that I did not know the US has such terrible problems with illegal immigrants.

Nevertheless, for many many years I have been thinking about topping up my career in the US. I have 9 years of experience in my special occupation field, that is in addition to the soon finished highest achievable education, and there are extremely few people in my field with so many skills. In every company more are needed. Useful knowledge creates new jobs, great products that improve peoples lives, and the biggest companies in the US always need more and more skilled professionals.

Now, without being able to attend conferences, make business trips, and with an uncertain ability to work in the US in the future, the top of my career will be forever struck off. I qualify for an immigration to the US unless the bummer with credible fear ruins it, to Canada (based on the program targeted at experts), and to Australia which has a similar program. I can freely work in all EU countries, now I am choosing the UK. But when I am finished there, I need things sorted to achieve the full potential in the US, and to benefit the US. It is a mutual benefit both for me and for the company where I will put my know-how to use, as well as for people who will use the products. I have already cooperated with US companied and have largely contributed. I love creating great things with great people. It would be foolish to give everything up for one ruined holiday.

You were the one who said you were unwell.

I assume most of us assumed you are receiving medical help and that would be the documentation you would need to supply. It is likely that the Consulate would refer that to their own medical advisers.

You have quite a few other issues, top one is the asylum claim.

Wait, the asylum claim or the credible fear? I was presented with the option to claim asylum, and I have refused. But I went through the credible fear procedure first. That could be a problem. I was mistaken with my assumptions. When I say I was unwell, that is because the CBP wrote "seemed mentally unstable", but the CBP really just meant that what I said was mistaken, and irrational. They obviously have this intimidating, exaggerated expression "mentally unstable" to punish you when they disagree with you. What *they* wrote was so crazy that anybody who reads it would believe the "mentally unstable" is true. I cannot even write it here.

The credible fear report is a real problem. Asylum is not my issue because I've never petitioned.

I said I was unwell, but only because I need some explanation when I am asked by people about the credible fear thing. What can I say when I have no explanation apart from how embarassing is it to have some fear and then find that it was all just being mistaken.

If anyone needs an explanation more explaining than what can be explained, that is a job for charlatans who can explain anything and everything, for as long as they get paid. Especially they explain what they do not understand. They do it very convincingly using word play and rhetoric. The talk is about situations when something happens to you and there is no explanation why it happened.

Historically the society sought answers in believing in gods, burning "witches" (innocent victims) for unusual things that happened, superstition, shamans, some people are very religious even today and worship someone or something beyond reasonable boundaries. And that is where these profiteering charlatans working in psychiatry make a fortune. In these modern days our modern society believes in the omnipotence and god-like properties of doctors of medicine. Everybody is influenced by the unregulated propaganda from doctors of rhetoric who promote themselves as gods (doctors of medicine) and are preaching religion about mental diseases according to DSM, which is whole a great work of fiction.

Nearly everybody believes doctors of medicine are right no matter what they say, and people assume these doctors know everything, no matter what they really know. These beliefs make it possible to endlessly profit on human problems. We say about others they are "unwell", we get paid for listening 5 minutes, and when we disagree with them we label them one or more of our invented fictious diseases.

Doctors of medicine lack any god-like properties, are ordinary people with a degree in health, have no idea why I had anything to do with credible fear, but regardless of the facts they can always explain everything because of the belief of our society that they know everything.

This is why today for every human problem there are 20 different diagnoses and different pills that in the better case are a placebo, and in the worst case a chemical restraint likened to a "chemical lobotomy".

My point is that I know as much about the metaphor of "mental health" that is purely rhetorical as those who abuse this rhetoric for power and profit. It is very good to say I am fit, always was, and that I have tried borrowing the "unwell" rhetoric to explain something hard to find any explanation for.

Playing with "mentally unstable" comes around, and "medical advisers" can kill themselves to be the first ones to make profit on it, providing their explanations for anything as a favorable rhetoric and invented ficious methaphorical diseases as an explanation of anything in the world, while charging heavy money. If you come unprepared, you will end up worse than I did in hands of CBP. These psychiatrists have nothing to do with science, health, or medicine. They are a rhetorical enterprise, not interested in the truth, just creating convincing rhetoric and applying it unscientifically, nonmedicaly to create strong-sounding false justifications and attach them using violence to a victim for life. These are then used for coercively drugging people into a semiconscous state. Their drugs are extremely harmful, very toxic, and have always tranquilizing or anesthetizing effects on said victims, as to avoid reciprocation and to avoid receiving any further complaints about the victim and from the victim. The psychiatrists are hyeenas helping themselves to money, and helping everybody else because there will be no more reasons to complain about the victim. It is not any disease which disables people, it is the psychiatrist who disables people using drugs that make them semiconscous and unable to defend. Meanwhile, money and powerful rhetoric are making charlatans filthy rich, just like uniting with the superpowerful pharmaceutical companies, lawyers, judges, immigration officers, all of that gives the psychiatrists lucrative careers, kickbacks from the pharma, billions of dollars on sold drugs that are considered highly toxic and very harmful, drugs that nobody needs, and our society trusts unquestionably these gods, doctors of medicine, all they say.

(Sorry, I could not help it but point out the scam artists who pretend they are practicing medicine when they are just rhetoricians, who only use medicine in form of drugs, and a street-dealer can sell drugs too, and he is actually more trustworthy than these fake doctors, his drugs actually make people feel good. The rhetoricians deceive by making themselves seem god-like super powerful, infallible, always right, knowing how to create convincing answers for everything in the world including for cases where there are no answers. Charlatans always know everything. The biggest help in the world for people who have something to do with the metaphorical rhetoric of "mental health" is to ban involuntary coercive treatment, and to acknowledge human rights, incl. that everybody is responsible for what he or she is doing.)

I'm sorry that I didn't make my point clear.

My point is that you were entering with intent to immigrate. I said "not necessarily illegally" which means legally or illegally.

Once in the US, you can speak to a lawyer and figure out how to legally immigrate. This is abuse of the tourist visa that CBP was preventing.

Uh huh, so the CBP has been serving the public by banning also legal immigration. Is it so? [because of illegal immigrants we ban legal ones too]

"intent to immigrate" is easily stretched to mean just about anything. I believe the definition was a bit longer, i.e. the intent to immigrate on a non-immigrant VISA. The literal meaning of that is that you request 3 month non-immigrant stay and you use it to stay longer than 3 months, or to stay indefinitely. That is the spoken abuse.

I understand the term can be easily streched to say I abuse my non-immigrant VISA because for over 10 years I have been intending to one day get an H1B or EB2. But in my case, have I really abused that non-immigrant VISA by having an interest in more information about H1B, EB2, or other options I am legally entitled to? I did not intend to stay in the US on the ESTA, and I would have to exit the US first before I could get issued a different type of VISA if there was one applicable for me.

So to my best knowledge there is no way to abuse the non-immigrant VISA by "speak[ing] to a lawyer and figur[ing] out how to legally immigrate", nor it is the goal of CBP to deprive the US of legal immigration.

I have the impression you are perfectly explaining what the CBP must have been thinking though. Perhaps they believe exactly what you said, i.e. that intent of any immigration, legal or illegal, is worth of punishing, and that tourist VISA must be denied to anyone with such an intent.

Given your very useful insights, perhaps not applying for any VISA except the said H1B or EB2 will fully resolve the "intent to immigrate" problem, since I would be applying for an immigrant VISA for which I am eligible. Now there is only one problem which is overcoming the medical. Just between us it is way too easy to attack somebody we disagree with and say he or she is "mentally unstable" in the report, while smiling and denying information to the person we accused. But how to clear that? I am assuming they will be as paranoid and suspicious, as can be. To get cleared of any medical accusation, I would need to get medically cleared for travel to the US. I guess that is done for profit. How much could any psychiatrist charge for asking me silly questions based on his unscientific, pseudomedical, profiteering racket?

If you had no intention of immigration, why would you talk to an immigration lawyer? If I told you I might talk to a realtor on my next foreign vacation, a reasonable person would assume I was interested in buying property, right?

They took your statement to mean that you had intent to immigrate, not necessarily illegally to be an apple picker. For all they know, you have a girlfriend or family here, and wanted to talk to a lawyer about AOS.

From your posts, it sounds like you are open to moving to the US, and that probably was obvious to CBP as well. Their job is to prevent people from entering on tourist visas for the purpose of immigration, and you gave them extremely good cause to deny you. Refusing to go home until you had talked to an immigration lawyer was another really good indication that you had immigration in mind.

In your question you assume that every immigration to the US is illegal. Can you see how your question is flawed? Ask yourself whether a lawyer is any good for an immigration which is really illegal, and what immigration lawyers can help people working in special occupation fields with. Surely the assumption that all immigrations are illegal is the whole problem. If that were true, all immigrants in the US would right now be there illegally, and the CBP would have to send all of them home using the terrible prison-like system. In the US they have an immigration problem, I understand, but elsewhere in the world people think it is absurd to assume.

What is the CBP trying to do? Protect the borders from illegal immigrants. Is asking for information about a legal immigration (may be H1B or other) something that the CBP is protecting the US from? I thought there was a huge demand in Cali and SF for highly experienced professionals and that it is the biggest boost for the economy, creates new work places for Americans, etc. Of course the CBP is meant to prohibit immigration on a non-immigrant VISA, certainly I agree that a tourist VISA is not ought to be used for immigration, and I have explained I am not using mine for that purpose.

Legal immigration sounds the same to CBP as illegal immigration, and asking for information about immigration sounds the same to CBP as intending immigration. That is only because the US has a huge illegal immigration problem. I, coming from Europe, was very unaware of how big a problem the US has with illegal immigrants. Only later I have found there are 12 million of illegals, if not more, and I do understand why the CBP are so paranoid. The fact of the matter is my trip was a tourist trip for 6 days for holiday purposes. I could have asked for information about my future legal immigration via email without mentioning it.

I guess I was

a) unaware of the US problem with illegals

b) unaware of the paranoid and strict CBP

c) unprepared for such a serious questioning when nothing was a big deal for my holiday trip

d) unable to understand the impact of being controlled by the CBP who blamed me for their immigration problem and took it out on me

If I had any previous visits to the US, I would have known better about all of these points, and I would never mention the word "law" or "immigration" or anything that someone paranoid can misinterpret.

CBP keeps people who come to the US from staying illegally. We all know that. But who would ever tell about asking for legal information is any intended illegal stay. The CBP and half of America. But people in other countries in the world, particularly in Europe would not be so paranoid to say that.

If you someone from Europe visits the US for 6 day holidays, maybe some Americans will be paranoid that people are coming from Europe, and thus they may want to illegally stay in America. I was totally unaware of this paranoia, and did not realize how serious they might be. I could not have underestimated their suspicion more. It was my first trip outside Europe. To my defense, I am used to traveling in Europe as a European Union member just as easy as showing my passport. No questions asked, I am used to taking it easy, looking forward to holiday like a whole year, imagining the sun and the awesome weather. I was never more shocked and wronged. This was what happened because for the first time I traveled outside Europe, assuming that it is just like traveling inside. I thought the US only has stricter searches for prohibited items, no idea who CBP were, what GEO was, or anything about their fear of getting illegals. I would be however surprised, if the illegals could ever be more than apple pickers or road sweepers. Certainly they are not doctors, lawyers, engineers, are they?

I am so sorry to say this brother but reading all your posts one after the next I believe that you are still "unwell" and should perhaps focus your energies into getting the help you need and postpone your travel plans to the US.

I am very familiar with the B1-B2 VISA process and can say without a doubt that your interview with the Vise Consul at the Embassy will go in the same direction as the interview with the CBP officer.

The way you answer questions and tell your story speaks to your mental state. I hope you take this as respectful advice from an honest but blunt person.

I am certain you will accept my apology, and have some understanding I have to write about the worst and most stressful event in my life. I was for almost two months in a dark and dreary prison-like facility, and I would feel for you if you had a similar disaster in your life that you would have to explain to someone and overcome it.

That how I felt being locked up indefinitely without knowing when I can be released is by many humanists likened to torture, and the sub-humane conditions of the detention facility are likewise that.

If you are so bothered by the way I write, can you please show me how you write about the most terrible thing that happend in your life? I think you are abusing the "you are unwell" rhetoric as a weapon, and that is very lethal. Psychopaths often like to abuse and push people around to get drugged until they are nearly knocked out, while making profit on every drug sold, and they are deceiving victims and their families, by calling the drugging "help". I think you should get "help you need" such as in particular taste your own medicine before preaching it onto others. You would need high doses until your psychopathy and misbehavior trying to control others stops.

"The way you do X speaks of your mental health" is an abusive and deceitful rhetoric. You have no idea what mental health is, and the way I do X has nothing to do with with it. I will be waiting to see you writing about the most terrible thing that happened to you in your life. You should be tortured with neuroleptics to get better and more understanding of mental health. If it works for others, it must work for you, and you need treatment because of your rhetoric.

I real like this site! There are people who come here with genuine problems/issues seeking answers and sure enough most get those answers.However,some have stories to tell and is sometimes hard to understand because they dont tell the whole story.I mean,how do you expect to enter the USA,or any other country for that matter by claiming you are going to the beach as well as talk to immigration lawyer!Now,after being deported you want to find out how you can apply for another visa to enter.My sympathies because sure as son rises from east and sets in the west,you will not be allowed to enter with such reasons.Am sorry,but that is the true picture.

That would be a very big mistake to say I am going to the beach and to an immigration lawyer. I was not like that. The purpose of my trip was a 6 day holiday in LA. The CBP caused that I thought of maybe visiting an immigration lawyer, and the CBP also caused that I went through the credible fear procedure. Again, the CBP caused that I have passed that procedure (they do asses validity of an asylum claim). All happened during the questioning because they asked and asked who else I could possibly meet in the US, and nothing seemed wrong with learning what I am legally entitled to by visiting a lawyer. There is so much BS, honestly. How can you say getting informed about your legal options is an illegal immigration? If I wanted to illegally immigrate I would first of all never mention anything to any CBP about it, nor would I ask any lawyer about *legal* entitlements. Seriously, I wanted information, not an illegal immigration. There is a US stereotype that everybody wants to *illegally* immigrate. Why would I need information from a lawyer if I was planning something illegal? And are all those people who *legally* immigrated supposed to do it without any advice from an immigration lawyer, just on their own? Do you see the difference between an intent to illegaly immigrate and getting information about legal immigration? The system is so strict that any immigration-related word or topic makes the paranoid CBP believe you are longing to be an undocumented garbage collector, or apple picker. Good luck with that thinking. I had no idea they suspect everyone and they are so paranoid, mean, uninformed. But again, I had only my holiday in plan, and it was the CBP who made me think deeply about who I could possibly meet during that holiday.

And more importantly, whoever suggests that I as a special occupation worker, an engineer, a scientist, a senior experienced professional residing in the UK want to live some low life as an undocumented cleaner, or something, is really crazy. Just imagine how ridiculous it sounds that I would exchange my high life standards for the lowest possible to live somewhere undocumented. It is completely and utterly a nonsense, and an irrational fear. And if you consider that I might have been wanting to get informed for the purpose of immigrating *legally* in the future as an expert who is in a high demand, why would you have a problem with it and ruin my holiday, block my visits of the country forever, and cause a living hell to me? Seriously, if there is an intent to legally immigrate in the future, you should not confuse it with some Mexican stereotype of illegal immigration to have a low life as someone undocumented.

Further, if I had the intent to illegally immigrate, I would definitely read first in a forum from people who have done it and I would have prepared for an illegal immigration. I have a Master's Degree and am one year away from a PhD because I am such an idiot that I want to illegally immigrate to be a cleaner somewhere with lowest class people. Yes, that makes sense, people like me are going to visit the US to give up all their hard earned skills, education, experience, career, life standards, opportunities, everything just to sweep roads and pick up apples for $1/h. Is that what you think I came to do to the US? What is wrong with *legal* immigration? I am such a terrible criminal for coming for holidays and intending to learn new information that you have to forever ban me from any future travel to the country, regardless of how similar the UK is and how many companies I worked for are cooperating with the US HQ every day.

Why did you have credible fear? Why were you seeking asylum? As I asked before, what is your home country?I have never heard of anyone asking for asylum from a VWP country.

I only had a credible fear because I was mentally unwell and I needed to ask an immigration lawyer to determine whether my fear is really credible or not. The CBP interviewed me and said it was credible, but when I read the document the CBP wrote during that interview, it definitely looks irrational and not credible at all.

To explain the asylum, the CBP only has 2 options. One is turn you around on VWP, other is detain you as a potential claimant of a legal status because of a credible fear or some other reason. All I wanted was to have a phone call before turning around, but they say I can only have it from the detention facility, and that is leading to the asylum seekers confusion. I never claimed an asylum, but I was detained, and the stupid process is confusing because all people who do not withdraw their request for admission are later automatically becoming asylum seekers. The good news is I withrew my request for admission and I have been making it very clear throughout the process that I got my advice on the phone, and that I have no case for admission.

One can voluntarily go in detention to call the immigration lawyer from there to ask. Then there is the "asylum seeker" confusion because it could have led to an asylum, but it depends on whether one fills the asylum form or not. I have not filled the form, and I have withdrew my request for admission. That request for admission was done by the same CBP who passed my fear as credible, and wrote a document which clearly shows to 100% of people who see it that I was mentally unwell and that it was not a credible, reliable, good reason to allow detention. It should have been denied and marked as "not credible". That would have saved me the month and a half of hell.

They always

What normally happens is they are allowed to withdraw their application for entry and get sent back on the next plane.

Your situation is very different, you asserted a credible fear of being returned and were held for 2 months at no doubt great expense.

I have seen some really weird B approvals, but this one if successful may take the top spot. Never going to find out without trying.

Thank you for this post. "I want to withdraw my application for entry" is what I told the immigration judge. An immigration lawyer advised to say it. It has worked. The waiting was for the judge.

Yes, I would like to try and see what happens. Normally, those who were turned around need to overcome their grounds for inadmissibility and then might be issued a VISA.

Intent to immigrate on a non-immigrant VISA which I did not have can hopefully be explained.

Perhaps requires strong ties to my country of residence (working in a full-time job and studying a graduate degree at an accdredited university on a stipend, renting a flat, would that suffice?) and medical (some clearance).

I don't understand why CBP would put you in handcuffs for just intending to immigrate to the US. Did your poor state of mental health played a role in yourself being detained?

They put everybody in handcuffs and chains while moving people to/from the facility, and then for any medical, court hearing, etc. we were all again like that. I have learned the immigration detention is regardless of whether you actually are a criminal treating you like one. It happens to every asylum seeker.

Pretty much people asking for asylum are in this jail called detention faclity together with those who are getting deported for having commited felonies in the US while on VISA, etc. The facility is ran by a private company called GEO. It has been a subject to numerous complaints and criticism for many years due to sub-human conditions and its very strict army-like regime. The US government has yet to solve this issue. The facility is like in a 3rd world country.

I was there through the credible fear process, and the credible fear ceased after I have discussed the situation on the phone with a lawyer.

I was offered detention as an option to call a pro-bono lawyer and get the advise I sought. Since I needed to have my questions answered before being put on the next flight, I thought the CBP has a great idea. They thought it was a good idea too because they said I can end the detention any time if I decide to leave. The CBP said there is a form in the detention facility for voluntary departure. However, when I did what they said, then filled the form, nothing happened, nobody knew what to do to return me, only after a long time the immigration judge was due and he scheduled another hearing during which he has resolved the situation. Nobody else knew how to do it. The judge did what the "voluntary departure" form was for, and issued a final order. Day after I was on the next flight to the home country. In total it was 6 or 7 weeks of detention. None of it related to mental health.

Staff had no idea what to tell me, i.e. how much longer the detention is for. GEO, ICE, DHS hotline, all were clueless about the process and so was my embassy, the facility librarian, and everyone else I asked. The US immigration law does not mention anything about the process for my case either. Detention was definitely not designed for this. I wish the CBP let me make a call from the POE. If they would, I did not have to spend a month and a half detained.

They said usually, this facility is for asylum seekers and for immigrants who are getting deported for something illegal. Hence some of the rules may seem quite harsh if I have not done anything. I am neither a criminal nor an asylum seeker. They understood, but did not know how to follow up the process for removing me. There were flowcharts on the wall with an abstract high-level definition of the process, and none of the two flow-charts applied because my situation was different from deportation. I have arrived legally, had all documents, used the VWP, only was not admitted at POE. They were completely lost. They said normally, people are immediately returned, and because I weren't they did not know what to do next.

I was locked up without knowing anything, they were locking me up without knowing anything either. The CBP never mentioned that detention for tourists is a place like a prison and that tourists are treated like criminals.

This situation's getting more complicated with every post.

I'd assumed the OP was turned around at the POE and on the next flight home.

I'd say it's beyond the advice of a DIY forum like this.

To complicate it less, I was turned around at the POE. Then I was offered the protective detention if I have a credible fear. I have used the detention to have my questions answered. When ending the detention I was returned on the next flight. Since I have not been admitted to the US, it is the same refusal of admission as if I got ordinarily turned around. There is no role this detention has (i.e. it is not a removal or deportation for the purpose of the immigration law. One can be removed or deported only after being admitted to the US. Those who are turned around at the POE are normally not detained. I was detained because they offered the credible fear procedure (if you have a fear of return we can put you into a voluntary detention from where you can call pro-bono lawyers,etc. and eventually claim status).

In the back of my passport is 8CFR 217.4(A)(1) which is the ESTA Visa Waiver Program, refused admission. 8CFR 217.4(A)(3) says refused admission and removal according to 8CFR 217.4(A)(1) does not count as a removal for the purpose of the act.

In my passport on a page where VISAs can be is "refused in accordance with INA section 217." and that is the VWP. Further, it says "R27000" as the exact reason. Apologies if it sounded complicated. It should is the ordinary being turned around at the POE, and before the CBP put you on the next flight they write a document with reasons for refused admission. Mine will say "intent to immigrate" and "seemed mentally unstable". I have the sworn statement from the credible fear process which normally people do not have because they did not go through the credible fear procedure. Otherwise everything is the same as for others who have on denied entry.

Well all these issues are interconnected but for simplicity I will keep them separate.

Medical

Obviously the Consulate will need Medical Records prognosis etc to ensure that you are fully recovered. No doubt they would refer you to the Consulate Doctor.

Asylum

That sounds a major hurdle, you claimed asylum?

Immigrant Intent

What did you say/do that suggested that?

Statements

What did you say?

Medical

Thank you, I will study the details.

Asylum

Short answer, no asylum was not claimed.

Long answer: I was refused admission to the US (immigrant intent), and I was not allowed to make any calls prior to removal, but when I asked about how to be able to make a call, the CBP said there is an option to let me call a pro-bono lawyer of my choice for free. They said I must have a reasonable fear of return to qualify. I had honest mistaken beliefs (written into the Sworn Statement) based on which the CBP decided I pass the credible fear interview and can be transported to the detention facility. They said I can end the detention any time, and that I am free to make any calls, then decide to return or claim status. (Claiming legal status is not necessarily asylum. It can be any legal means of staying in the US. I did not intend to stay, but to get an advice because of refused admission, and after I got it I wanted to leave. I spent nearly 2 months in detention before I was finally allowed to return. It was not at all ending the detention when I want to, but instead it was waiting to see the immigration judge.)

Immigrant intent

The CBP asked about any Americans I might meet during my stay in the US. I suggested I can meet a friend I worked with online before, and when they asked about anyone else I might meet during my holiday, I suggested maybe I can meet some lawyer because I need to ask some questions about options for which I am eligible. After several probing questions the CBP they understood I am not trying to do anything my VISA does not allow (since I am allowed to ask legal questions), but they decided to be very strict and refused my admission, saying that I intend to immigrate.

Obviously, I was very frustrated after spending long hours on the flight to the US, having paid a lot of money for the tickets, for my hotel, and having looked forward to everything days in advance. I became really uneasy about the refusal on such inaccurate and exagerrated ground. The CBP pushed me around into their prison-like facility in handcuffs with chains around my waist and on my legs like some criminal when I only had an intent to ask questions, like any information professional perhaps would do. They are the ones who twisted it into an "immigration intent without the right document". I had a return ticket and only 6 days to stay.

Statements

Without going into detail, my sworn statement was based on honest mistaken believes. I have challenged them with critical thinking after some time in detention and realized how the only effect of those statements is that of making others write things like "seemed mentally unstable.", and of course I soon distanced myself from the beliefs and wanted to correct them. I was told I can write any corrections for the immigration judge, whom I however did not want to read this at all, and I only requested to be returned to my home country, with the justification that the information I provided feels mistaken and based on some incorrect assumptions therefore I do not have any credible fear and can be returned.

What exactly does this mean? When they asked what is the purpose of your visit you answered 'going to a law office to ask about immigration options?'

Cos thats just crazy..no surprise they denied you entry.

When they asked about the purpose of the trip, I stated it is a 6 day holiday just to relax and enjoy the beach. Few questions later, the CBP asked who I could possibly meet during my stay in the US. I was thinking deeply, suggested maybe I could meet one friend who I previously worked with online, and when they asked further for more about who else, I suggested maybe I can also meet some interesting lawyers who offered information about the immigration process for the future. This sparked the problem since the CBP do not allow that. It only came up as an idea because when I was for holidays in Spain I have met completely coincidentally a Spanish immigration lawyer on the beach, and we became friends since she spoke English.

My case is as follows: In 2014 (May), visit of California, LA on the ESTA VWP. Inadmissibility on port of entry (intent to immigrate, mentally unstable).

Sworn statement taken while being unwell, consequently the sworn statement contains nonsense which I only said due to being unwell. Detained in immigration detention as a potential asylum seeker (credible fear). Asylum never claimed, final order of return issued by the judge.

1) "intent to immigrate [on a non-immigrant VISA]" is how the CBP referred to my potential visit of a law office where I would ask about under what conditions I would be eligible for some immigration option. I had no actual intent to illegally immigrate. The CBP was very strict and uncompromising.

2) I am well, no problems in present. I work in a special occupation field, have an advanced degree, and study as a mature graduate student for a doctorate. A very important career advencement and research progress depend on my freedom to travel to the US to attend conferences or for business trips when I work for a company which has an HQ in the US and requires some travel. I currently feel like one negative report taken by the CBP can block all my travel to the US forever.

In the inadmissibility report is a nonsense of great caliber regarding from when I was unwell. Particularly I would not like anyone to read it or to take it seriously because I was not thinking clearly back then on the hot chair of CBP interrogation, and I do not believe those things I was saying anymore.

It has been over a year since this happened. Because of my inadmissibility on ESTA I now have to use a VISA for all future visits to the US. The VISA has a field where it asks about any previous inadmissibility or removal and instructs to attach a copy of the inadmissibility report which contains reasons. The responsible staff considers previous reasons for inadmissibility for all future VISA requests and can easily deny a VISA. Will all my VISA requests get denied based on one time when I was unwell? I am fine now. How to overcome the problem?