B1 Canceled at airport but allowed to enter?

[toddflora 0]

My wife and daughter have been here in Chicago for three years, having successfully been married, had a baby boy and obtained residence

Three days ago her mother was traveling on her way to Chicago on a B1/B2 when she was stopped and held in Miami for "violating" the time permitted on her last stay. We were shocked when the officer in Miami called us and stated that she had over stayed her last visit and was now subject to being deported for violations.

We explained that this was an error, as forms were filed for an extension prior to her departure date on her last visit and USCIS was behind on processing times. When we called USCIS to ask if she would need to leave before her permitted time, they stated that she would need to wait for the decision; giving every impression that becuase we filed the request before she was suppose to leave, she was not required to leave, was not violating her Visa and she just needed to be patient and wait for the decisoin. Her extension request was later denied and she returned as instructed according to the letter. According to USCIS, everything was fine.

The Officer replied that she was in BIG TROUBLE!!!Stating that if denied they use the date she entered and she had illegally over stayed. They ended up holding her for 9 hours! Taking finger prints, asking many questions (and coercing), took pictures, made her sign papers in english, canceled her Visa but then allowed her to enter for thirty days (not the hopeful six months). Perhaps they have nothing better to do than interogate grandmothers?

We are now looking for an attorney to help us, as we feel that USCIS misrepresented the rules and consequnces. Has anyone had this kind of experience? We looked at the forms, website and asked if she needed to leave while a decision was being made about the extension and no where or no one warned that this would cause such problems. Anything you can share would be helpful, as we will be needing to make decisions soon as to

what her options are. Thanks! Todd & Flora, the little Thomas' and Grandma Cheche

[cmnb 0]

My wife and daughter have been here in Chicago for three years, having successfully been married, had a baby boy and obtained residence

Three days ago her mother was traveling on her way to Chicago on a B1/B2 when she was stopped and held in Miami for "violating" the time permitted on her last stay. We were shocked when the officer in Miami called us and stated that she had over stayed her last visit and was now subject to being deported for violations.

We explained that this was an error, as forms were filed for an extension prior to her departure date on her last visit and USCIS was behind on processing times. When we called USCIS to ask if she would need to leave before her permitted time, they stated that she would need to wait for the decision; giving every impression that becuase we filed the request before she was suppose to leave, she was not required to leave, was not violating her Visa and she just needed to be patient and wait for the decisoin. Her extension request was later denied and she returned as instructed according to the letter. According to USCIS, everything was fine.

The Officer replied that she was in BIG TROUBLE!!!Stating that if denied they use the date she entered and she had illegally over stayed. They ended up holding her for 9 hours! Taking finger prints, asking many questions (and coercing), took pictures, made her sign papers in english, canceled her Visa but then allowed her to enter for thirty days (not the hopeful six months). Perhaps they have nothing better to do than interogate grandmothers?

We are now looking for an attorney to help us, as we feel that USCIS misrepresented the rules and consequnces. Has anyone had this kind of experience? We looked at the forms, website and asked if she needed to leave while a decision was being made about the extension and no where or no one warned that this would cause such problems. Anything you can share would be helpful, as we will be needing to make decisions soon as to

what her options are. Thanks! Todd & Flora, the little Thomas' and Grandma Cheche

consult an immigration attorney ASAP.

[desert_fox 32]

Save your money....you suffered no loss no damages. Your MIL is the injured party, if at all. The govt is not liable for their admin. bumblings, and cannot be sued without actual liquidated damages and with the permission of the US Attorneys office.,

[SunDrop 59]

Save your money....you suffered no loss no damages. Your MIL is the injured party, if at all. The govt is not liable for their admin. bumblings, and cannot be sued without actual liquidated damages and with the permission of the US Attorneys office.,

It doesn't sound as though the OP is proposing 'suing' the US Gov'mt. Rather that they need to establish her legal rights as a visa holder, in light of the consequences on future entry into the country. If there's something she can/ needs to do while she's in the US that makes it easier to correct, then they need to consult an attorney asap. If not, then she'll need to return after her 30 days and deal with it from there. Not as obvious....

[diadromous mermaid 36]

Tourist visa extensions are not guaranteed. In fact, the entension form itself indicates that. You say she applied before the expiry date on her I-94. How long before the expiry date did she apply? I think the POE agent may have been mistaken when he said she was out of status from the date she last arrived. I believe she was declared out of status as of the expiry date of her original I-94. How long she overstayed depends upon how long past that date she remained in the USA awaiting the outcome of the extension she filed, which was later denied.

My wife and daughter have been here in Chicago for three years, having successfully been married, had a baby boy and obtained residence

Three days ago her mother was traveling on her way to Chicago on a B1/B2 when she was stopped and held in Miami for "violating" the time permitted on her last stay. We were shocked when the officer in Miami called us and stated that she had over stayed her last visit and was now subject to being deported for violations.

We explained that this was an error, as forms were filed for an extension prior to her departure date on her last visit and USCIS was behind on processing times. When we called USCIS to ask if she would need to leave before her permitted time, they stated that she would need to wait for the decision; giving every impression that becuase we filed the request before she was suppose to leave, she was not required to leave, was not violating her Visa and she just needed to be patient and wait for the decisoin. Her extension request was later denied and she returned as instructed according to the letter. According to USCIS, everything was fine.

The Officer replied that she was in BIG TROUBLE!!!Stating that if denied they use the date she entered and she had illegally over stayed. They ended up holding her for 9 hours! Taking finger prints, asking many questions (and coercing), took pictures, made her sign papers in english, canceled her Visa but then allowed her to enter for thirty days (not the hopeful six months). Perhaps they have nothing better to do than interogate grandmothers?

We are now looking for an attorney to help us, as we feel that USCIS misrepresented the rules and consequnces. Has anyone had this kind of experience? We looked at the forms, website and asked if she needed to leave while a decision was being made about the extension and no where or no one warned that this would cause such problems. Anything you can share would be helpful, as we will be needing to make decisions soon as to

what her options are. Thanks! Todd & Flora, the little Thomas' and Grandma Cheche