Update on My FIL's Expedited Removal

[Beauty for Ashes 257]

If I'm not wrong, once you are placed in expedited removal, your visa is canceled. Maybe Casa's invitation to reapply is an indirect admission that there was no reason he should have been denied entry? Call me pessimistic, but I don't think they will actually come up with an explanation.

You know, the sad fact is that so many of us have dealt with this inept "system" for so long...that I feel EXACTLY the way you do. I know that we will be at best lucky if we ever find out the REAL reason, but I never have or never will voice my thoughts about this to Hicham and his family.

I will keep fighting for my FIL until all avenues are exhausted or until he's adamant that he wants to go no further.

I think it was a border patrol agent who made the call ( jacked up) I think a translator got on the phone and messed things up further. I think the embassy knows this but cannot technically admit it. I think if you reapplied for the visa, if he came back over , he would be admitted and could get in easily. I think I would work on everything as hard as I could, reapply for the visa , call your senator , get him involved and not give up on him coming. I doubt he would be denied again with an advance call from your senator. I really really think that this was all a mistake. I think if you could have been inside the airport as this happened and called back to immigration, I think alot could have been prevented. When they make mistakes they NEVER ADMIT IT

[beejay 123]

Thanks for the update.

Stay strong, we're all behind you.

[doodlebugg 10]

If I'm not wrong, once you are placed in expedited removal, your visa is canceled. Maybe Casa's invitation to reapply is an indirect admission that there was no reason he should have been denied entry? Call me pessimistic, but I don't think they will actually come up with an explanation.

You know, the sad fact is that so many of us have dealt with this inept "system" for so long...that I feel EXACTLY the way you do. I know that we will be at best lucky if we ever find out the REAL reason, but I never have or never will voice my thoughts about this to Hicham and his family.

I will keep fighting for my FIL until all avenues are exhausted or until he's adamant that he wants to go no further.

I think it was a border patrol agent who made the call ( jacked up) I think a translator got on the phone and messed things up further. I think the embassy knows this but cannot technically admit it. I think if you reapplied for the visa, if he came back over , he would be admitted and could get in easily. I think I would work on everything as hard as I could, reapply for the visa , call your senator , get him involved and not give up on him coming. I doubt he would be denied again with an advance call from your senator. I really really think that this was all a mistake. I think if you could have been inside the airport as this happened and called back to immigration, I think alot could have been prevented. When they make mistakes they NEVER ADMIT IT

But she was inside the airport when it happened.

[Beauty for Ashes 257]

If I'm not wrong, once you are placed in expedited removal, your visa is canceled. Maybe Casa's invitation to reapply is an indirect admission that there was no reason he should have been denied entry? Call me pessimistic, but I don't think they will actually come up with an explanation.

You know, the sad fact is that so many of us have dealt with this inept "system" for so long...that I feel EXACTLY the way you do. I know that we will be at best lucky if we ever find out the REAL reason, but I never have or never will voice my thoughts about this to Hicham and his family.

I will keep fighting for my FIL until all avenues are exhausted or until he's adamant that he wants to go no further.

I think it was a border patrol agent who made the call ( jacked up) I think a translator got on the phone and messed things up further. I think the embassy knows this but cannot technically admit it. I think if you reapplied for the visa, if he came back over , he would be admitted and could get in easily. I think I would work on everything as hard as I could, reapply for the visa , call your senator , get him involved and not give up on him coming. I doubt he would be denied again with an advance call from your senator. I really really think that this was all a mistake. I think if you could have been inside the airport as this happened and called back to immigration, I think alot could have been prevented. When they make mistakes they NEVER ADMIT IT

But she was inside the airport when it happened.

I think it was a border agent with his underwear too tight on a power trip

[Nutty 2]

We STILL do not have answers and it's become even more confusing....

Late last week, my FIL received a call from the U.S. Consulate in Casablanca telling him that he had an appointment to meet with someone on Tuesday the 29th. We were all very hopeful that this appointment would provide his FIL and all of us long awaited answers as to what happened and why he was denied entry into the U.S.

Upon his arrival at the Consulate, they were unsure as to who had called him and had to make several calls back into the office to even determine who he was there to see. After at least an hour, they finally let him in and he spoke to someone at the window. They told him that he could reapply for his Visa! My FIL was like "WHAT????" He asked them why was he denied entry in the first place and they said they didn't know why. Even after my FIL told them what happened, they were surprised themselves that he was denied entry, but the officer said that he did not have any information as to why, but that he was able to reapply. They offered no additional information as to who he could contact concerning what happened.

This is what makes absolutely NO SENSE to me...if the Consulate called him to tell him they could reapply, then how would they know that he even needed to. The Visa that they issued was a 3 year tourist visa. I would assume that they would have had to have been notified that something happened with his visa in order for them to tell him he could reapply. Right????

We are still in the process of an attorney filing a request to Homeland Security based on the Freedom of Information Act in order to get some kind of notification of why he was denied entry. The attorney did tell us that many times they will deny the request based on "State Security" and they are not required by law to give us this document.

Since the incident happened, my FIL has told my husband more things that he remembers and he said that the questions they asked him mostly had to do with his work and his business. He is a licensed teacher and owns and runs three elementary schools. He said that one of the officers actually made the comment that he probably wanted to come here and stay so he could work. We all laughed at that since his dad is 70 years old and is has a successful business in Morocco.

We all think that what happened is either a miscommunication through translation because remember they had a translator over the phone and not in person during questioning OR it was just some jacked up officer who got in his mind that my FIL was going to come in and stay.

We are all aware of the fact that Homeland Security officers have the authority to grant/deny/question and that is how the system goes. But the complete abuse of their authority and how they treated all of us is what sickens me to my core. The more we get into this, the more bureacratic "#######" we have to deal with and the attitudes of irrelevance.

Just makes me so flipp'in ANGRY!!!!!!!!!!!!!!!!!!!!!!!!!!!

I would sue!!!!!!!

[diadromous mermaid 36]

If he is eligible to reapply for a visa, it sounds as if it was neither a "deportation" nor "expedited removal". Are you sure your FIL didn't simply withdraw his application for admission, after all?

[allousa 1]

If he is eligible to reapply for a visa, it sounds as if it was neither a "deportation" nor "expedited removal". Are you sure your FIL didn't simply withdraw his application for admission, after all?

I know that he never requested to leave and never signed any documents either. To be honest, we aren't sure of anything because they never told us the reason or classified it so to speak. They just told us that my MIL was free to go but that my FIL was not allowed to enter and was being sent back.

When we would ask questions to the officers asking them why he was not allowed entry, they would tell me and my husband that because of privacy laws they could not disclose that information to us and that we needed to ask my FIL. I even explained to them that my FIL didn't know or didn't understand but they refused to release any information.

If they considered his application withdrawn, do you know if they would have required him to sign a document and give him a copy of this?

[MrsAmera 41]

Allousa - I will PM you tomorrow with a direct contact at the ACLU. Also CAIR if you'd like.

[diadromous mermaid 36]

If he is eligible to reapply for a visa, it sounds as if it was neither a "deportation" nor "expedited removal". Are you sure your FIL didn't simply withdraw his application for admission, after all?

I know that he never requested to leave and never signed any documents either. To be honest, we aren't sure of anything because they never told us the reason or classified it so to speak. They just told us that my MIL was free to go but that my FIL was not allowed to enter and was being sent back.

When we would ask questions to the officers asking them why he was not allowed entry, they would tell me and my husband that because of privacy laws they could not disclose that information to us and that we needed to ask my FIL. I even explained to them that my FIL didn't know or didn't understand but they refused to release any information.

If they considered his application withdrawn, do you know if they would have required him to sign a document and give him a copy of this?

My understanding is that he would have signed something.

Withdrawal procedures.

If, after obtaining supervisory concurrence in accordance with local procedures, you decide to permit an applicant to withdraw, complete the necessary paperwork. Once an applicant is granted permission to withdraw, prepare Form I-275, Withdrawal of Application for Admission/Consular Notification. The I-275 must clearly state the reasons for inadmissibility in the remarks block. A sworn statement should be taken and attached to the I-275. If the alien is inadmissible under section 212(a)(6)© or (7) and would have been subject to expedited removal if not permitted to withdraw, the sworn statement should be taken using Form I-867A&B. Check any appropriate boxes on the I-275. The alien must sign the I-275, acknowledging that the action is entirely voluntary. The alien should be given a copy of the I-275 and any sworn statement taken, unless the Form I-275 contains classified or sensitive information. Prepare and serve an I-259 on the appropriate carrier to effect removal. Complete the I-94, endorsing both sections with: ''WD - Application for Ad-mission Withdrawn. (Stamp number), (Port), and (Date).'' On the reverse of the I-94, indicate the file number, if appropriate, in Block 20. In Block 26, under Itinerary/Comments, write the grounds of inadmissibility, and ''I-275 served. To be removed via (flight number) on (date)''. Also include removal flight information on the front of the departure portion of the I-94. Cancel the nonimmigrant visa, and note the visa page ''22 CFR 41.122(h)(3).'' In a case where the alien may, through ignorance, bad advice, or misinformation, have inadvertently arrived with inadequate documents or an improper visa, and there was no fraud involved and you are satisfied that the alien will depart in order to comply with admissibility requirements, a visa may be left intact for future use.

Prepare a packet in a sealed envelope for immigration officials in the country to which the alien is being returned, containing the alien's travel document and a copy of the Form I-275 or other relevant information that may be needed by the immigration officials in the ongoing country. Where practical, advise INS offices overseas by phone or fax of aliens moving through their jurisdiction. Forward the original of the I-275 and sworn statement to the consulate where the visa was issued. Route the arrival I-94 for data entry and deliver the departure I-94 to the carrier to be submitted with other departure I-94s for the outbound flight. Maintain a copy of all relating documents, including the pertinent passport pages and other evidence at the port of arrival for 6 months.

(d)--Return transportation arrangements.

An alien who is permitted to withdraw must depart immediately from the United States, or as soon as return transportation can be arranged. If the alien arrived at an airport or seaport, arrange for departure on the next available transportation either back to the country where the alien boarded the flight or vessel, or to another country if the alien is entitled to enter that country. In instances where the alien is being returned to a third country through a foreign transit point, every possible effort must be made to ensure that an immediate and continuous transit will be ensured. If the alien does not have either a return ticket or the carrier has not otherwise agreed to transport the alien, removal proceedings should be instituted. If the alien has an open ticket, make sure satisfactory confirmed return transportation arrangements are made.

This article is an interesting read: http://www.ilw.com/articles/2004,0810-shea.shtm

[*Maureen* 0]

Gosh, with an ordeal like that, i'd be scared to try again. i really hope that you find the answers with why this happened, good luck to you.

[HLM 1]

This makes me so worried about getting my parents here!!! i think ill jst get my mom only!

Im really sorry about this n seriously i will pray that u get to the bottom of this n that it wd never happen again to any of our MENA family in law!!! its not enuff that we ll be thousands of miles away from them kaman they cant visit!!!!

[Aymsgirl 0]

Thank you for the update. I am still in disbelief at all of this with no answers.

[LaL 418]

If he is eligible to reapply for a visa, it sounds as if it was neither a "deportation" nor "expedited removal". Are you sure your FIL didn't simply withdraw his application for admission, after all?

Isn't it just as likely that the right hand (consulate) is not effectively communicating with the right hand (stateside)?

[AlHayatZween 2]

If he is eligible to reapply for a visa, it sounds as if it was neither a "deportation" nor "expedited removal". Are you sure your FIL didn't simply withdraw his application for admission, after all?

Isn't it just as likely that the right hand (consulate) is not effectively communicating with the right hand (stateside)?

and both hands are made up of all thumbs...!

[allousa 1]

This article is an interesting read: http://www.ilw.com/articles/2004,0810-shea.shtm

That was an interesting read and I've earmarked one of the websites to get some additional information that might be helpful. Thanks for the link.

I can tell you with assurance that his father never signed anything at any point. It does sound like they treated him as a withdrawal of admission since the packet was prepared and traveled with him on the plane and handed over to the German officials. But again, he was never asked to sign any document and he was never able to see what was in that packet.

The only thing they did not have upon arrival in Charlotte was our home address, but after they called my husband and questioned him, the officers did have that information. One of the officers also mentioned that my FIL would be subjected to a 5 year ban, but that has not turned out to be the case either. This entire situation has been murky at best.

Our attorney is not hopeful that we will be able to obtain any information from Homeland Security, but it's definitely worth a shot!