Response from Senator's Immigration Director

[Lars-N-Yenia 8]

our USCIS was approved MAR 13 09 and our case hasent updated on the USCIS website to reflect such either...am i worried, breifly i was, until i called USCIS and confirmed it was in fact approved and was told that the "online status doesnt always update as frequently as everyone might hope"...no big deal...as far as getting hassled entering off of an international flight, i have been there too...i enter the US from Peru on a flight that had a connecting flight in Columbia...not that it matters, but i am a blonde haired, blue eyed "american born" male that after clearing immigration and claiming my luggage was asked for my passport before exiting into the main terminal, i was pulled to the side and my bags were opened and seached, i was asked many questions of my many trips to Peru etc...did i feel violated, NO, incovienced, YES, BUT the custom/immigration agents were just doing their job...NO BIG DEAL

[Old Dominion 26]

I am sure overseas travel is a frustration to most Americans, ever since the terrorist events in the last 2-3 years caused a further tightening of security. No doubt Nobel Prize winners experience the same treatment as the OP, even if he is a professor from one of New York's state universities. And everyone is tired, worn out, after flying from southeast Asia. Minneapolis/St Paul does not necessarily have the most courteous CBP staff, but their security track record is good. Get over it.

The various Senators can get quick answers, and if there is some extraordinary snafu affecting a person's case, perhaps they can see to it that the problem is corrected. Otherwise, they simply report back what they are told. There is a private online system with USCIS that enables a Senator to make a query and get an answer fairly quickly. There is no longer any need for an immigration staffer to use the phone unless there is some special circumstance that requires corrective action on the part of USCIS.

Finally, it is indeed disappointing to many of us that the USCIS online update system has been malfunctioning for so long. I took it as a well-intended effort by some prior USCIS agency head to improve customer relations. It ought to be shut down as it's not working. No doubt it was contracted out originally and still under some outsourcing contract. First-come first-serve is still the rule they follow, but petitions involving certain overseas countries bear watching due to incidences of fraud. They take a bit longer to check out.

I wonder what Professor OP teaches? I'm sure it is not current affairs.

[Ed+Cindy 1]

i still stand by my original claim. I said "a CPB grilling would make no difference on the adjudication of the petition".....not how long it takes to adjudicate, though I would venture to say that there is no difference there either.

CBP and USCIS have two different 'databases' for their information, and I don't think the two communicate. Whatever CBP put in 'your file' stays in CBP's database, and probably would not be 'shared' unless there is a finding of some criminality, or if you were a foreign national who was turned away at entry. You and the OP are USCs, what kind of 'file' do you think you have...that CBP could alter to make themselves look better? That's a bit big brother-ish don't you think?

Actually USCIS would check CBP files. How else would they find out certain info about whether a person has tried to enter the US fraudulently (one of the things they check and an exclusion criteria for a visa)?

You can request you CBP file via a Freedom of Information and Privacy Act request. I did after a certain incident. CBP exaggerated the incident and claimed I did and said things I did not do, serious offenses. I suspect this is causing me scrutiny.

[Ed+Cindy 1]

Minneapolis/St Paul does not necessarily have the most courteous CBP staff, but their security track record is good. Get over it.

You can have a good security track record and still treat people with respect.

[goncaptive 0]

Thank you all for your replies. First I would like to say that I disagree respectfully with the opinions that my case did not warrant involving my Senator. I would say this in counterpoint: (1) the USCIS explicitly states on their website that once we have a receipt number that we can check the status of our case online: I have never been able to do this (I even spoke with USCIS and they asked me if I would like to file a corrective action email to have my case entered online, the woman said it would take up to 30 days, that was over 60 days ago); (2) The USCIS explicitly states that they process applications in the order in which they receive them. With cases with NOA1s from December and January currently being processed, this claim clearly is not truthful (and this assumes that my case has not yet been given any attention). The USCIS and Department of State operate with near total insulation from us. The only probes we have are our congressional representatives. Someone has to hold these agencies accountable to the people they serve. There is much talk in the current new administration about more government accountability and I see no reason why that should not extend to our situations. I also recall the testimony on this website from the former USCIS adjudicator who worked at the NSC. He said congressional inquiries generally yielded prompt action. Once again, I am only trying to help myself, and I have a strong conviction reflected by what I said above. With regard to what my Senator's Deputy Immigration Director said, I quote:

"After numerous calls to get through to someone with hands-on authority over your case at the Vermont USCIS, I have learned that it is currently with an adjudicating officer. It has been there since February 26, 2009. This means it will be resolved within the next couple of weeks."

To me, her words have a measure of certainty to them, and that was why I was asking for feedback on whether she could really be so certain.

Regarding the interaction with the CPB at Minn/St Paul. I have no idea what would have provoked their interest in me, I think I was selected randomly for questioning as I came off the jetway. I don't think I am above suspicion but as a professor at a major state university, I am a public figure and would have a hard time running under the radar. It was kind of aggressive questioning and I was tired. There was no shouting but I wasn't in good humor and my responses became terse in reaction to the agent's tone. Then the incident with my luggage spilling out at the inspection table and my politely asking the inspector for his name and supervisor. If that put me over the CPB threshold and got me flagged at USCIS, I have no idea.

Our experience was similar in the Minneapolis Customs. The had flagged my fiance as suspicious this December and nearly barred her from entry on her previously-used tourist visa (she made the mistake of not fully divulging our engagement on the second trip based on attorney recommendation, and they found out about it during questioning). She went through multiple interrogations and I received two very unpleasant calls threatening me/her with barred entry due to non-truthful statements. After a number of hours, they let her enter the US, limited the length of her stay, and told us we had better apply for the K-1 visa. They also said they were only letting her in as a Christmas gift to us, and that they would have otherwise turned her around at the border.

Soo...

We applied for the K-1 visa, had an NOA1 of Feb 17, and received our NOA2 on March 19- a 30 day approval!! If anything, just confirming that it didn't have any bearing on the NOA2 time period. We were told that sometimes this could be brought up in the interview, but that we didn't really have anything to worry about.

[Ed+Cindy 1]

Our experience was similar in the Minneapolis Customs. The had flagged my fiance as suspicious this December and nearly barred her from entry on her previously-used tourist visa (she made the mistake of not fully divulging our engagement on the second trip based on attorney recommendation, and they found out about it during questioning). She went through multiple interrogations and I received two very unpleasant calls threatening me/her with barred entry due to non-truthful statements. After a number of hours, they let her enter the US, limited the length of her stay, and told us we had better apply for the K-1 visa. They also said they were only letting her in as a Christmas gift to us, and that they would have otherwise turned her around at the border.

You are lucky.

That happened to my fiance and they turned her around. We had already filed the K-1. She was to visit me for my birthday and Christmas.

Congrats on the speedy NOA2.

[jab1976 0]

I was also detained and interrogated by us customs agent about my reasons for going to the philippines at lax, the first time i went to the philippines to see my fiancee,they searched my bags and looked thru the pictures in my digital camera, the officer asked me if i had any ponography in the pictures, when i first returned from the philippines, they searched my bags and asked a bunch of question, our k1 visa case has been delayed over 1 year due to security checks.

[Old Dominion 26]

Minneapolis/St Paul does not necessarily have the most courteous CBP staff, but their security track record is good. Get over it.

You can have a good security track record and still treat people with respect.

I agree, but this is America. I will never use Minn-St Paul airport again.

[TimS 0]

What is great about this site is that almost everyone can be helpful without sarcasm. Almost everyone.

Engineering Physics/Applied Mathematics. You are right, my background is of absolutely no value in helping me navigate this process.

What is your problem dude?

I am sure overseas travel is a frustration to most Americans, ever since the terrorist events in the last 2-3 years caused a further tightening of security. No doubt Nobel Prize winners experience the same treatment as the OP, even if he is a professor from one of New York's state universities. And everyone is tired, worn out, after flying from southeast Asia. Minneapolis/St Paul does not necessarily have the most courteous CBP staff, but their security track record is good. Get over it.

The various Senators can get quick answers, and if there is some extraordinary snafu affecting a person's case, perhaps they can see to it that the problem is corrected. Otherwise, they simply report back what they are told. There is a private online system with USCIS that enables a Senator to make a query and get an answer fairly quickly. There is no longer any need for an immigration staffer to use the phone unless there is some special circumstance that requires corrective action on the part of USCIS.

Finally, it is indeed disappointing to many of us that the USCIS online update system has been malfunctioning for so long. I took it as a well-intended effort by some prior USCIS agency head to improve customer relations. It ought to be shut down as it's not working. No doubt it was contracted out originally and still under some outsourcing contract. First-come first-serve is still the rule they follow, but petitions involving certain overseas countries bear watching due to incidences of fraud. They take a bit longer to check out.

I wonder what Professor OP teaches? I'm sure it is not current affairs.

[SuperDuper! 230]

I am impressed that you called upon your senator, but did you try and contact the USCIS first. I do think you overreacted and did not follow the chain of command. I only call in the heavy guns only after all my best efforts have been exhausted (emails, certified letters, supervisors, etc.)

[Old Dominion 26]

What is great about this site is that almost everyone can be helpful without sarcasm. Almost everyone.

Engineering Physics/Applied Mathematics. You are right, my background is of absolutely no value in helping me navigate this process.

What is your problem dude?

This: "as a professor at a major state university, I am a public figure" Maybe in Binghamton, but it is no cause for an attitude outside academia. We all have put up with unnecessary and sometimes rude interrogations in overseas travel, and the imprecision with which USCIS does its work.

I am sure overseas travel is a frustration to most Americans, ever since the terrorist events in the last 2-3 years caused a further tightening of security. No doubt Nobel Prize winners experience the same treatment as the OP, even if he is a professor from one of New York's state universities. And everyone is tired, worn out, after flying from southeast Asia. Minneapolis/St Paul does not necessarily have the most courteous CBP staff, but their security track record is good. Get over it.

The various Senators can get quick answers, and if there is some extraordinary snafu affecting a person's case, perhaps they can see to it that the problem is corrected. Otherwise, they simply report back what they are told. There is a private online system with USCIS that enables a Senator to make a query and get an answer fairly quickly. There is no longer any need for an immigration staffer to use the phone unless there is some special circumstance that requires corrective action on the part of USCIS.

Finally, it is indeed disappointing to many of us that the USCIS online update system has been malfunctioning for so long. I took it as a well-intended effort by some prior USCIS agency head to improve customer relations. It ought to be shut down as it's not working. No doubt it was contracted out originally and still under some outsourcing contract. First-come first-serve is still the rule they follow, but petitions involving certain overseas countries bear watching due to incidences of fraud. They take a bit longer to check out.

I wonder what Professor OP teaches? I'm sure it is not current affairs.

[Minya's wife 25]

i still stand by my original claim. I said "a CPB grilling would make no difference on the adjudication of the petition".....not how long it takes to adjudicate, though I would venture to say that there is no difference there either.

CBP and USCIS have two different 'databases' for their information, and I don't think the two communicate. Whatever CBP put in 'your file' stays in CBP's database, and probably would not be 'shared' unless there is a finding of some criminality, or if you were a foreign national who was turned away at entry. You and the OP are USCs, what kind of 'file' do you think you have...that CBP could alter to make themselves look better? That's a bit big brother-ish don't you think?

Actually USCIS would check CBP files. How else would they find out certain info about whether a person has tried to enter the US fraudulently (one of the things they check and an exclusion criteria for a visa)?

You can request you CBP file via a Freedom of Information and Privacy Act request. I did after a certain incident. CBP exaggerated the incident and claimed I did and said things I did not do, serious offenses. I suspect this is causing me scrutiny.

Checking US "fraudulent" entry is done by the consulate, at the time the beneficiary applies for the visa....and it is done on the beneficiary, not the US citizen.

[TimS 0]

What is great about this site is that almost everyone can be helpful without sarcasm. Almost everyone.

Engineering Physics/Applied Mathematics. You are right, my background is of absolutely no value in helping me navigate this process.

What is your problem dude?

This: "as a professor at a major state university, I am a public figure" Maybe in Binghamton, but it is no cause for an attitude outside academia. We all have put up with unnecessary and sometimes rude interrogations in overseas travel, and the imprecision with which USCIS does its work.

I am sure overseas travel is a frustration to most Americans, ever since the terrorist events in the last 2-3 years caused a further tightening of security. No doubt Nobel Prize winners experience the same treatment as the OP, even if he is a professor from one of New York's state universities. And everyone is tired, worn out, after flying from southeast Asia. Minneapolis/St Paul does not necessarily have the most courteous CBP staff, but their security track record is good. Get over it.

The various Senators can get quick answers, and if there is some extraordinary snafu affecting a person's case, perhaps they can see to it that the problem is corrected. Otherwise, they simply report back what they are told. There is a private online system with USCIS that enables a Senator to make a query and get an answer fairly quickly. There is no longer any need for an immigration staffer to use the phone unless there is some special circumstance that requires corrective action on the part of USCIS.

Finally, it is indeed disappointing to many of us that the USCIS online update system has been malfunctioning for so long. I took it as a well-intended effort by some prior USCIS agency head to improve customer relations. It ought to be shut down as it's not working. No doubt it was contracted out originally and still under some outsourcing contract. First-come first-serve is still the rule they follow, but petitions involving certain overseas countries bear watching due to incidences of fraud. They take a bit longer to check out.

I wonder what Professor OP teaches? I'm sure it is not current affairs.

[TimS 0]

Your excerpt takes my remark out of context, I certainly took/have no attitude. Whatever, I am not on this website to levy sarcastic comments or to absorb them. Get a life.

What is great about this site is that almost everyone can be helpful without sarcasm. Almost everyone.

Engineering Physics/Applied Mathematics. You are right, my background is of absolutely no value in helping me navigate this process.

What is your problem dude?

This: "as a professor at a major state university, I am a public figure" Maybe in Binghamton, but it is no cause for an attitude outside academia. We all have put up with unnecessary and sometimes rude interrogations in overseas travel, and the imprecision with which USCIS does its work.

I am sure overseas travel is a frustration to most Americans, ever since the terrorist events in the last 2-3 years caused a further tightening of security. No doubt Nobel Prize winners experience the same treatment as the OP, even if he is a professor from one of New York's state universities. And everyone is tired, worn out, after flying from southeast Asia. Minneapolis/St Paul does not necessarily have the most courteous CBP staff, but their security track record is good. Get over it.

The various Senators can get quick answers, and if there is some extraordinary snafu affecting a person's case, perhaps they can see to it that the problem is corrected. Otherwise, they simply report back what they are told. There is a private online system with USCIS that enables a Senator to make a query and get an answer fairly quickly. There is no longer any need for an immigration staffer to use the phone unless there is some special circumstance that requires corrective action on the part of USCIS.

Finally, it is indeed disappointing to many of us that the USCIS online update system has been malfunctioning for so long. I took it as a well-intended effort by some prior USCIS agency head to improve customer relations. It ought to be shut down as it's not working. No doubt it was contracted out originally and still under some outsourcing contract. First-come first-serve is still the rule they follow, but petitions involving certain overseas countries bear watching due to incidences of fraud. They take a bit longer to check out.

I wonder what Professor OP teaches? I'm sure it is not current affairs.

[Ed+Cindy 1]

I was also detained and interrogated by us customs agent about my reasons for going to the philippines at lax, the first time i went to the philippines to see my fiancee,they searched my bags and looked thru the pictures in my digital camera, the officer asked me if i had any ponography in the pictures, when i first returned from the philippines, they searched my bags and asked a bunch of question, our k1 visa case has been delayed over 1 year due to security checks.

I'm sorry to hear that. I actually take the memory card out of my camera before I go through customs or security. Not that I have anything dodgy, just that its none of their business.