U.S. Official Denying Entry

[allousa 1]

I'm attaching a link to a news story that our attorney forwarded to me this morning. This man's situation is quite similar to our situation...only it's taken us 3 1/2 years so far and may stretch into four years, depending upon how long Rome Consulate takes to process his 601 waiver application.

The one line of the article that made my blood run cold was that even after all the approvals of his documents, the U.S. Customs official was still able to deny him entry! #######!!!!! I'm curious to know if anyone has heard of this or if their SO has experienced problems with their SO's entry being denied AFTER they have gotten the needed documentation.

Here is the story:

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This makes me think that I should definitely fly back with Hicham when, Inshallah, he returns to the States.

[deemabrouk 0]

i've heard of this happening..

some people I know wont bother to leave or visit home until they have citizenship... or their 10 year green card

[monnik 0]

I couldn't open the article to read it, allousa, but I sure hope that it doesn't happen to your husband! That would be so awful!

What was the reason they denied they guy in the article? Did they give a reason?

[allousa 1]

Here is the article as written in The Rapid City Journal by Heidi Bell Gease:

Aussie back home on U.S. soil

By Heidi Bell Gease, Journal staff

There’s nothing like stepping on a Lego at 2 a.m. to make you appreciate being home.

Brian Whittaker didn’t particularly enjoy that experience – “the pain is unreal” – while living in Custer with his wife, Robin, and her four children. But when immigration troubles forced him to return to his native Australia more than a year ago, he found himself longing for those mundane bits of family life.

“It’s one of those stupid things you miss,” he said.

And you should enjoy them, Brian added, “because you just don’t know when you’re going to lose them.”

That’s what happened in April 2006. Brian and Robin Whittaker met in an online chat room, corresponding for nearly a year before Brian flew to Wisconsin to meet her in 2001. After more visits, the couple married in October 2002 and moved to Custer.

Like many people, the Whittakers believed their marriage made Brian a legal U.S. resident. They contacted the Immigration and Naturalization Service office in Rapid City but put off finishing the paperwork, believing they were following the law.

“It was our fault,” he says now.

When Robin’s mother had a stroke in February 2006, Robin traveled to Oklahoma to be with her. Before going to join them, Brian called the Department of Homeland Security to check on his legal status, only to be told he was here illegally.

“I was told over the phone that if I didn’t act quickly, I was going to be arrested, detained and then deported,” Brian said. “I had three days to leave.”

As it turned out, Whittaker didn’t have to leave. He could have changed his status to “permanent resident” based on his marriage, then finished the necessary legal paperwork here.

But because the couple couldn’t afford to hire an attorney, Whittaker didn’t know that. So he did what he had been told to do and left the country, without even a chance to say good-bye to his wife.

Brian thought he merely had to return to Australia to finalize his paperwork before returning to Custer. On the airplane, he learned he was banned from re-entering the U.S. for 10 years because he had overstayed his visa by more than a year.

“We were just devastated,” Robin said.

At a loss, the couple began searching the Internet. They found Christopher Nugent, an immigration attorney with the national firm Holland & Knight, who was willing to take their case pro bono.

Nugent, who is based in Washington, D.C., said cases like the Whittakers' are all too common. Immigration law is said to be as complex as the IRS tax code and is nearly impossible to navigate without legal counsel.

“This happens all the time,” he said. “The benefit in his situation was that he was able to reach out for help.”

In addition to Nugent, the Whittakers found help from Sen. John Thune and his staff, especially Wes Roth. They also got help from Houston police officers they had met at the Sturgis motorcycle rally. Members of the Houston Police Department sent some 60 letters to U.S. Citizenship and Immigration Services (USCIS) in Bangkok on Brian’s behalf.

For months, Brian stayed close to the U.S. Embassy in Sydney, Australia – far from his own family in Adelaide – working odd jobs to pay bills on two continents. He and Robin corresponded daily by e-mail and phone.

Waiting was difficult. When her mother died, Robin was left without Brian’s support during “one of the darkest hours of my life,” she said.

Friends and neighbors in Custer, especially Carrie and Roger Fischer, did what they could to help.

Meanwhile, Nugent and two colleagues helped Brian get his visa approved. But he still needed a special waiver to return home without waiting 10 years.

The Whittakers’ attorneys filed an application citing the economic and psychological hardship the separation was causing Robin, even including a September 2006 Rapid City Journal story about the family’s plight.

The next step was to ask USCIS in Bangkok to expedite Brian’s application for a waiver. That’s where Sen. John Thune stepped in, sending a letter to the agency on July 26, 2007. Just two days later, a woman at the U.S. Consulate in Australia called Brian to say he’d been approved and could return home.

“I think I broke down in tears right then,” Brian recounted. “It came through so quick.”

Robin reacted differently to the news.

“The neighbors across the yard heard her scream,” Brian said with a laugh. At 75 yards away, “that’s a h--- of a scream.”

Days later, Brian was on a flight home. But in Los Angeles, he was detained by customs officials.

“Even though I got full approval from Bangkok and the U.S. Embassy in Australia, the individual in U.S. Customs still has the right to refuse you entry,” Whittaker said. “I was pretty much petrified.”

After an hour’s delay, he was released. His subsequent flight from Denver to Rapid City was delayed due to weather, but his family didn’t know that.

“We were just freaking out because of all the issues we’ve had with immigrations,” Robin said.

Finally, on Friday, Aug. 3, Whittaker stepped off a United Airlines flight into the arms of his wife and stepchildren. “I was trying not to smile too much,” he said.

Robin and Brian were able to meet in Australia and Canada during their separation. But it had been nearly two years since Brian had seen Jacob, Russell, Devan and Mercedes, who spend the school year with their dad in Wisconsin. Now 8, 11, 12 and 17, the children have grown a lot.

“All of a sudden, they’ve got attitudes,” Brian said. “I’m having to adapt. It’s actually harder than I thought it would be. … It’s not like walking back into the honeymoon stage.”

Everyone has had to adapt. Even the dog, Digger, had to get used to sleeping on the floor again, Robin said. “We have to all kind of get used to each other again.”

The waiver that allowed Brian to return home gives him two years to complete the paperwork needed to make him a permanent legal resident. That could take as little as six months, Nugent said. Once Brian gets a green card, “then he’s on the road to citizenship after three years.”

The Whittakers are quick to say they understand the need for immigration laws, which have become stricter since the Sept 11, 2001, terrorist attacks. But they were astounded to learn how complicated the laws are and how quickly they change.

As Nugent pointed out, some people say illegal aliens in the U.S. should “just get legal,” but that’s easier said than done.

Many undocumented residents married to U.S. citizens were hoping for passage of a comprehensive immigration reform bill that died in the Senate in June. The bill would have given them a way to legalize their status in the U.S.

Now, the Department of Homeland Security has announced plans for more workplace-related enforcement, which could lead to possible deportation of people who are legally married to U.S. citizens but who might be working without the proper legal documentation, Nugent said. Like the Whittakers, those couples could soon face the prospect of 10 years apart.

Robin hopes others in their situation won’t give up. “We learned a lot more about faith,” she said. “Not in politics, but in the bigger picture of being strong enough to understand that sometimes you don’t know what the plan is, but you have to still follow the good path until that plan happens.

“It’s hard, but you sure can get a lot of good things out of it if you look for it,” she said.

Brian found the good in many Americans.

“I have to admit, as hard as the Americans were on me and threatened me with federal prison and deportation and stuff, it’s also the Americans that got me back here,” said Brian, who praised his attorneys and the U.S. Embassy staff.

“It was a collaboration of really good people,” he said. “I think the one that pushed it through in the end was Sen. Thune. I just can’t thank him enough.”

The journey’s not over yet, Brian said. “But with so many good people helping us out, I don’t think it will be a problem.”

Meanwhile, he’s busy soaking up the last of summer – it’s winter in Australia – and catching up on 16 months’ worth of “honey-do” projects.

Talk about returning to the mundane bits of life. “The day after I got back, she had me fixing the roof,” Brian said.

Clearly, he’s happy to be here to do it.

[Gaby&Talbert 1]

Yep the Border patrol has all the power, even if you have a visa they can do whatever they want. You would be surprised at the power they have. I would bet if we new all the cases where border patrol has taken visas away at POE and deported people we would be shocked.

[a1angied 0]

Wow for a minute I thought I was reading your story. It is so very sad that these things are happening and I thank God that you are very close to having your paperwork final.

I have heard on here reasons for POE turning people back is if they think they are lying. That is why I chose to have my husband come through Chicago as I heard that they treat Arabs very well so that is why I made sure that I had the flight that made his POE Chicago. I didn't want any snags in him arriving. I have spoke with others that came through many POE and had no problems.

Unfortunately I could not count on my senator as I had sent a letter requesting she look into my case and she replied and said she would. 2 months later I get another response and it said still in AP well I replied before they send responses that have others lived hanging on to it please really look into it as my husband has already enterd the USA and been here almost a month. As a representive of the poeple please help the people not BS them.I think she is fully aware of how i felt and I had to forward it to many other offices..Govenor, Congressman, State Assemblyman to name a few and CC oh her letter so that she knew that I was forwardng to these following offices. As a public offical she needs to be held accountable. Just maybe they will help not BS.

[monnik 0]

Thanks for posting the story here. I get it now. The officer COULD have denied him, but they didn't. I know that will terrify you when your husband gets to the airport!

Don't worry. I don't think that will happen to him!

[kitkat1 5]

The case in the story, while sad, is actually very clear cut. He didn't adjust his status in the US after arriving on a tourist visa and overstayed his visa by more than 365 days. The law allows overstays of less than 180 days without penalty but more than one year is a 10 year ban. He's lucky he had assistance from his senator, etc. to expedite his waiver. Not to sound callous but bottom line, as stated in the article, it's his fault for not adjusting his status or researching the rules before he left. And was very, very lucky.

To the OP, once your waiver is approved, there would be no reason for him to be denied at the port of entry with his visa in hand and nothing to worry about.

I would bet if we new all the cases where border patrol has taken visas away at POE and deported people we would be shocked.

Unless you have a real source to back up your information proving that the border patrol has taken away visas at POE and deported people, please don't post unsubstantiated ####### that can scare people. We are talking about an IMMIGRANT visa - not a tourist visa which can ALWAYS be denied at the POE if the person doesn't prove sufficient non-immigrant intent.

Edited August 21, 2007 by kitkat1

[jpaula 20]

They will let him through, as they did the man in the story, as they did my husband, as they do hundreds every day. The one thing about having to file a waiver and go through the Consulate twice is that by the time he gets on that plane his papers are in perfect order and every aspect of his case is detailed. His case has been approved not only by the State Dept, but also Homeland Security. He walks through with a huge stack of paper. It will just take some time for them to process him and waiting at the airport, watching all the passengers come out and then having to wait another hour, two? three? to have him arrive is scary (and should be taken into account if you are planning a connecting flight). But, people go through POE with approved waivers all the time, every day in every airport. Getting the waiver approved is your hurdle. After that it is just a matter of patience.

Note that the article said the officer could send him back, not that he did.

Post in the waiver section or in www.immigrate2us.net and you will hear many reassuring stories about getting through POE after an approved waiver.

(Aside: not that I wasn't nervous enough to have a lawyer on speed dial at the time.)

[allousa 1]

Jpaula - your post is really reassuring.

I still think that I might take our son over for a 2 week visit with his family and then we can all fly back together. I think if I had to sit and wait in the airport wondering what is going on, I would die from insanity! I know the Hicham is nervous about re-entering the States...even with the correct paperwork. I know he would feel much more at ease if I were there. If we have to carry all of his paperwork that we've been submitting for the last 3 1/2 years...we're going to need a suitcase just for that!!!!

They will let him through, as they did the man in the story, as they did my husband, as they do hundreds every day. The one thing about having to file a waiver and go through the Consulate twice is that by the time he gets on that plane his papers are in perfect order and every aspect of his case is detailed. His case has been approved not only by the State Dept, but also Homeland Security. He walks through with a huge stack of paper. It will just take some time for them to process him and waiting at the airport, watching all the passengers come out and then having to wait another hour, two? three? to have him arrive is scary (and should be taken into account if you are planning a connecting flight). But, people go through POE with approved waivers all the time, every day in every airport. Getting the waiver approved is your hurdle. After that it is just a matter of patience.

Note that the article said the officer could send him back, not that he did.

Post in the waiver section or in www.immigrate2us.net and you will hear many reassuring stories about getting through POE after an approved waiver.

(Aside: not that I wasn't nervous enough to have a lawyer on speed dial at the time.)

Your husband had to do a 601, right? Did you process through Rome? How long did it take for his application to be processed?

[jpaula 20]

Your husband had to do a 601, right? Did you process through Rome? How long did it take for his application to be processed?

I think we had this discussion in the waiver section a while back, no??? Just in case...It took 3 months to the day from the time Rome received it. But, this is the quickest I have heard of one going through Rome. I think 6 months, give or take, is a better expectation. then it has to make it back to the Consulate, get medical etc updated, have another interview. Takes some time. But, at least once you have an approved waiver you know it will happen, that you are just jumping through hoops like everyone else at that point. So, like I said, that is the real hurdle.

By all means, go visit and fly back with him. It will ease your mind and give you an excuse to go to Maroc. But, don't think it necessary. He will get through just fine alone if need be. I know waiting for a waiver to be adjudicated is maddening and you run 1,000 scenerios through your head. But, this is not one to worry about.

You should really post on www.immigrate2us.net. It is waiver-focused and will give you alot of info.

[allousa 1]

Your husband had to do a 601, right? Did you process through Rome? How long did it take for his application to be processed?

I think we had this discussion in the waiver section a while back, no??? Just in case...It took 3 months to the day from the time Rome received it. But, this is the quickest I have heard of one going through Rome. I think 6 months, give or take, is a better expectation. then it has to make it back to the Consulate, get medical etc updated, have another interview. Takes some time. But, at least once you have an approved waiver you know it will happen, that you are just jumping through hoops like everyone else at that point. So, like I said, that is the real hurdle.

By all means, go visit and fly back with him. It will ease your mind and give you an excuse to go to Maroc. But, don't think it necessary. He will get through just fine alone if need be. I know waiting for a waiver to be adjudicated is maddening and you run 1,000 scenerios through your head. But, this is not one to worry about.

You should really post on www.immigrate2us.net. It is waiver-focused and will give you alot of info.

I know that you posted some info back when I first jointed VJ. Sorry, I just forgot. Alot going on since then.

I did get set up on immigrate2us and posted a couple of things. Some were lengthy. The moderator said that my posts were deleted by accident and would I please repost. I just didn't go back. If I find the time, I may try again.

[jpaula 20]

I know that you posted some info back when I first jointed VJ. Sorry, I just forgot. Alot going on since then.

I did get set up on immigrate2us and posted a couple of things. Some were lengthy. The moderator said that my posts were deleted by accident and would I please repost. I just didn't go back. If I find the time, I may try again.

I know. the site was down forever and had a few coughs getting back up. But, it is working now and you should try again. It will be a huge relief to hear of others going through this as it really is a different process.

[Caladan 19]

The guy in the article was detained (and from the article, it sounds like by 'detained' they meant 'pulled him aside to process his paperwork'), but let through. They probably just were double-checking on the waiver and had to check the manual on what to note.

Beyond that I know of one case where the guy coming in on a fiance visa said 'wife' and that made the POE official deny him entry. And it is their final call. But it's not like they hire whimsical idiots who just deny people for fun. They have to have reasons.

You really have nothing to worry about, allousa. Once he gets the waiver processed and has the visa, he'll be set.

[Ban Hammer 13,283]

The one line of the article that made my blood run cold was that even after all the approvals of his documents, the U.S. Customs official was still able to deny him entry! #######!!!!! I'm curious to know if anyone has heard of this or if their SO has experienced problems with their SO's entry being denied AFTER they have gotten the needed documentation.

some cases of such documented here on vj. the below is from such a thread.

Gaining entry to the USA, with or without a visa, with or without permanent residency for that matter is discretionary. POE agents have the right to turn back a person even if they are bearing a valid form of identification and documentation. More information is needed from the OP's fiance as to the particular circumstances, information exchanged with POEs, in my opinion, to better assess if a mistake has been made.