Trouble at Airport -Canceled B1/B2 Visa but let in?

[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

Two 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