Crossing the border w/ Green Card

[karina 0]

Hi everyone,

My husband got his green card 9/07, and we crossed the border twice since and had no problems. However, last month, we drove to Toronto for the weekend and upon return, we were stopped at the border. The border officer said the 'system' told him to pull us over. At the office, he was asked about what happened in 2006... he replied 'I was denied entry because my F1 visa was not active'. The officer then went into a tirade saying 'You need to know that you are still not a citizen and I can take this card (IR-1) from you... we gave you this card and the least you can do is to tell the truth' Then he told me that my record says something about working during that time. I told him that yes, I worked during my stay in the US. He proceeded to threaten me with a note regarding my future citizenship application. After about 20 minutes we were released.

I'm writing to get a sense of whether this is standard practice. We were shaken up by what happened... were were not allowed to take our phones into the facility and who knows how long they could have detained us. I understand the process but it really felt like one big intimidation, fear-propagating fiasco. Should we expect this whenever we cross the border? Would appreciate any thoughts and experiences you guys may have.

Thank you!

[Kathryn41 3,205]

hmm, that sounds scary. You might want to consider making an infopass appointment to discuss what might be on his file and if there is anything he needs to be aware of now or take care of to prevent such a thing happening again. That being said, border guards will be border guards and sometimes I suspect a few of them feel the need to throw their weight around a little bit, so will find whatever opportunity they can to enjoy the power trip. It's unfortunate, but it seems to be the case every now and then. All of what was said to your husband could have been done courteously and without aggression.

Edited July 21, 2008 by Kathryn41

[karina 0]

Thank you, Kathryn41. That is a great idea. We just filed for an infopass appointment.

It's just really scary and retraumatizing to go through the POE experience again.

I also plan to 1) consult an immigration lawyer, 2) bring a file of documents (like marriage certificate, approval letters etc etc) next time he crosses the border again.

Thanks!

hmm, that sounds scary. You might want to consider making an infopass appointment to discuss what might be on his file and if there is anything he needs to be aware of now or take care of to prevent such a thing happening again. That being said, border guards will be border guards and sometimes I suspect a few of them feel the need to throw their weight around a little bit, so will find whatever opportunity they can to enjoy the power trip. It's unfortunate, but it seems to be the case every now and then. All of what was said to your husband could have been done courteously and without aggression.

[Flames9_RN 358]

No, I have never had a problem passing with my greencard. A few weeks back the USA POE official was grumpy, but I didnt help the matter,lol The funny thing is that if I'm traveling with my wife, the POE officials usually give her a more difficult time than me!

[bradcanuck 1]

Legally and technically they can treat you however they want.

However that kind of behavior is not "normal" by any means. Did you note the officer's (lol what a joke by the way) name? During infopass you can bring up the name and if you speak with a manager on the floor, ask to file a complaint.

You shouldn't be AFRAID to enter your country. Are you afraid when you go to Canada?

[karina 0]

Hi everyone,

My husband and I went to an infopass appointment and asked to find out what was written on his files. Unfortunately, we did not get any answer. The infopass person said that she is not allowed to tell us anything. She directed us to file for the Freedom of Information act (which we did like 2 years ago, and have never heard back from it)... However, we found that my husband (green card), does have the right to travel in and out of the country (which we knew). So we are really hoping that our past border crossing experience was just a bad experience, and hopefully not the norm.

Do you think that we should have certain documents ready, just in case my husband is being questioned again?

Any other suggestions?!

Thanks!

[thetreble 19]

To be honest, you shouldn't need any other documents besides his green card. Maybe your marriage license, but besides that, since he has a GC there is nothing more you need to prove as far as his legal status in the US. As Kathryn says, some times border guards feel like going on a power trip. It is my understanding that they cannont revoke his GC as I don't think they have the authority to do that.

However, it also seems that you aren't a USC correct? I'm totally confused because he has a green card but they asked you about working while you were "staying" in the US?

[karina 0]

sorry for the delayed reply- but yes, i am USC, and my husband has the greencard.

hopefully it was just a power trip...

thanks!

[SpiritAlight 1]

I am so sorry to read about your experience Karina.

It is so nerve-wracking to cross that border...used to be actually fun a long time ago.

I had two friends try to visit me in Vancouver from Alaska via Seattle (they rented a car), and they had military I.D. only on them as well as their DLs.

They got turned around....something about no passport.

Huh?!

That was 1999 or 2000, I believe.

Very upsetting to know that we are considered risks when all we are doing is adding to the other country...not taking away.

You know?

Bleh!

[Krikit 1,163]

Wow. That's horrible, Karina. There's someone here on the Canada forum who had that info in the database removed by the officer at the interview, so it can be done. Not sure how you'd go about it, though. Good luck.

[karina 0]

thanks everyone, for your kind words.

We are debating whether to drive up this Labor Day weekend. I think we need to face crossing the border again. And hopefully it should be okay- I mean, legally, my husband has the right to travel.

Will keep you guys updated!

[emt103c 10]

Any time that type of thing happens-hopefully it never does again--do get the officers name. There is a formal procedure for complaints against these officers, especially for harrassing someone who is clearly "legal."

After a few problems I had at the border, I no longer follow the "no phones" rule. I have an attorney on speed-dial and put my phone on vibrate or silent if I'm asked to go into secondary. My hubby and I were once (before his greencard) held for more than eight hours and harrassed sufficiently that I will never let it happen again.

Though I am a citizen and had done nothing wrong, my car and all its contents, including my purse and phone were taken. Even though the room we were in had "rules" noted in it, none of them were followed. I was not allowed to speak to a supervisor (later found out none was on duty) and was not even allowed to call my family and tell them why I had disappeared. We were not allowed to eat or drink during this time and I was made to wait more than two hours to be "allowed" to go to the bathroom. . .

[Krikit 1,163]

Any time that type of thing happens-hopefully it never does again--do get the officers name. There is a formal procedure for complaints against these officers, especially for harrassing someone who is clearly "legal."

After a few problems I had at the border, I no longer follow the "no phones" rule. I have an attorney on speed-dial and put my phone on vibrate or silent if I'm asked to go into secondary. My hubby and I were once (before his greencard) held for more than eight hours and harrassed sufficiently that I will never let it happen again.

Though I am a citizen and had done nothing wrong, my car and all its contents, including my purse and phone were taken. Even though the room we were in had "rules" noted in it, none of them were followed. I was not allowed to speak to a supervisor (later found out none was on duty) and was not even allowed to call my family and tell them why I had disappeared. We were not allowed to eat or drink during this time and I was made to wait more than two hours to be "allowed" to go to the bathroom. . .

That is absolutely disgusting EMT. During my POE I watched them do one of those "interviews" (is it a Gates interview?) where they separate the couple to try and trip them up. Actually, it wasn't an interview. It was an interrogation. They went through everything in her purse and were really mean. They were even interrogating her about some emails so they must have been in her account. Or maybe she had it printed out.... I dunno. They'd bring one of them into the room I was in..... yell..... send that one out and bring in the other..... yell.... send that one out.... . It was terrible. I felt really sorry for them because it didn't appear they'd done anything wrong. In the meanwhile, they were ripping their car apart. Oh, and they hauled off a trucker to the back rooms and followed him in with bags of stuff they had seized from his vehicle. Not a good day for him, either.

[karina 0]

Emt103c,

I am truly sorry to hear about your experience! How scary!!! I think it's a good idea to have an attorney on speed-dial, and to bring the phone in secondary. I also think that Kritkat's idea of getting info on my husband's record removed somehow is also a good idea.

Thanks!!!

Any time that type of thing happens-hopefully it never does again--do get the officers name. There is a formal procedure for complaints against these officers, especially for harrassing someone who is clearly "legal."

After a few problems I had at the border, I no longer follow the "no phones" rule. I have an attorney on speed-dial and put my phone on vibrate or silent if I'm asked to go into secondary. My hubby and I were once (before his greencard) held for more than eight hours and harrassed sufficiently that I will never let it happen again.

Though I am a citizen and had done nothing wrong, my car and all its contents, including my purse and phone were taken. Even though the room we were in had "rules" noted in it, none of them were followed. I was not allowed to speak to a supervisor (later found out none was on duty) and was not even allowed to call my family and tell them why I had disappeared. We were not allowed to eat or drink during this time and I was made to wait more than two hours to be "allowed" to go to the bathroom. . .

[karina 0]

Hi everyone,

I just wanted to update you guys about some ways we have tried to inquire about our situation. Hopefully, it will be of help to some people.

1. CBP.gov

We were able to file a complaint through CBP.gov. We received immediate response, which was really great. However, other than confirming that the description of our complaint was similar to what they have on record. They recommended that we file a Freedom of Information Act (FOIA).

2. DHS Traveler Redress Inquiry Program

http://www.dhs.gov/xtrvlsec/programs/gc_1169676919316.shtm

The Department of Homeland Security’s Travel Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs--like airports and train stations--or crossing U.S. borders, including:

* denied or delayed airline boarding

* denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint

* continuously referred to additional (secondary) screening

We submitted a request, and are waiting for their response.

We will be traveling again this Xmas, and I hope that everything will go okay. It's difficult not to be anxious...

Thanks! - K