Happy Valentine's Day

[pax 0]

Thanks for the clear-up, Meauxna. I just thought it sounded weird--all the other stories I've heard like this have the alien detained until they can get on the next plane home--never longer than a day.

[Melo 1]

So very sorry to hear this. I hope this is sorted out ASAP

[meauxna 15]

Thanks for the clear-up, Meauxna. I just thought it sounded weird--all the other stories I've heard like this have the alien detained until they can get on the next plane home--never longer than a day.

by 'normal' I meant using the jail up the road.. why they've kept her in the US, I don't know. I suspect it's something to do with her asking for this administrative review...

I hope we hear some more from Jeff soon. I know the lawyers can go up there to visit, and I think they might be taking her downtown during the day?

I don't want to gossip/speculate, but wanted him to know that was normal, to be up at St Helens.

Hey, I just went & had a look on a hunch... the reason she is being held until friday (most likely, IMO) is because that's the next flight on Lufthansa. That direct service is fairly new and doesn't run every day. The schedule is posted on their website.

So pax, you were right

Poor baby, does she need a care package?

Edited February 16, 2006 by meauxna

[Jeff-n-Jana 0]

After a few collect calls from Jana, and a few calls to friends in various places, I have a few more details. The administrative review was to be for a refugee status that one of the CBP folks asked her about. She did not know what that was. I have explained it to her and she is refusing the review and should be on a flight to Frankfurt on Friday. The CBP in Portland contracts beds with the Columbia County jail is why she is wearing an inmate uniform and gets to wear handcuffs for her transports back and forth every day. I do have legal insurance through my employer, and will definitely be talking to an immigration attorney about this whole mess. I will keep you updated. Thank you all for the insights and support during a difficult time. The people here at VJ rock!

Jeff

[pax 0]

Awww, Jeff, I'm sorry to hear that. All the best for Jana's safe return home, and I hope you can be together somehow VERY soon.

[zyggy 9]

After a few collect calls from Jana, and a few calls to friends in various places, I have a few more details. The administrative review was to be for a refugee status that one of the CBP folks asked her about. She did not know what that was. I have explained it to her and she is refusing the review and should be on a flight to Frankfurt on Friday. The CBP in Portland contracts beds with the Columbia County jail is why she is wearing an inmate uniform and gets to wear handcuffs for her transports back and forth every day. I do have legal insurance through my employer, and will definitely be talking to an immigration attorney about this whole mess. I will keep you updated. Thank you all for the insights and support during a difficult time. The people here at VJ rock!

Jeff

Actually there really is nothing to talk to an immigration attorney about... She was denied entry due to the INA 214B provision that states that all entering aliens have immigrant intent and it is the burden of the alien to prove otherwise. As she could not provide enough evidence in the opinion of the CBP officer to overcome this provision, she was denied admission into the US. She will be held in detention until the next available flight to a location where they know she will be allowed to enter because she cannot be admitted to the US. If that next available flight is the next Lufthansa flight out, then that's the flight they'll put her on.

The fact that they are housing her in the DO during the day and at a jail at night is standard procedure as the USCIS does not have detention facilities that can accomodate overnight guests around the country. Most DO's have contracts with local jails to house their detainees during the night as they have no facilities to accomodate overnight detainees. Detroit has the same relationship with several county jails.

Edited February 16, 2006 by zyggy

[irishgirl73 0]

It's crazy-as I mentioned earlier-they sent my man out on the next flight(which happened to be an hour after his arrival & to a completely different place). They just wanted him gone. Guess it boils down to when they can get a flight?

I hope you can get this all resolved soon Jeff.

[Jeff-n-Jana 0]

Actually there really is nothing to talk to an immigration attorney about... She was denied entry due to the INA 214B provision that states that all entering aliens have immigrant intent and it is the burden of the alien to prove otherwise. As she could not provide enough evidence in the opinion of the CBP officer to overcome this provision, she was denied admission into the US. She will be held in detention until the next available flight to a location where they know she will be allowed to enter because she cannot be admitted to the US. If that next available flight is the next Lufthansa flight out, then that's the flight they'll put her on.

The fact that they are housing her in the DO during the day and at a jail at night is standard procedure as the USCIS does not have detention facilities that can accomodate overnight guests around the country. Most DO's have contracts with local jails to house their detainees during the night as they have no facilities to accomodate overnight detainees. Detroit has the same relationship with several county jails.

I understand that entry denial was a risk that we were taking when she bought her ticket. Is the 5 year ban standard procedure as well? That seems a bit harsh if it is.

Jeff

[pax 0]

5-year ban? If she was *just* denied entry because of suspected immigrant intent, she's not subject to a 5-year ban. She'd probably be denied entry until she came back with her K-1, but other than that, she wouldn't be subject to a 5-year ban *unless there's something else going on*.

[Jeff-n-Jana 0]

Jana may not be fully understanding the things they are telling her. Even though Jana's English is excellent in my opinion, it gets worse when she is stressed out. And there are no interpreter services being offered to her as near as I can tell (She has not mentioned one). She has already misunderstood the CBP folks asking her about filing a refugee status, so she may be misunderstanding others as well. She has said she was being banned from entry for 5 years which just seems wrong to me.

Jeff

[pax 0]

I really think she must be hearing something wrongly, but then again, I'm assuming that this was a simple case of suspected immigrant intent and nothing else. If she made a material misrepresentation to a CBP officer, that would probably get her a ban of some sort. But if she was telling the truth the whole time and was only denied on the basis of suspected immigrant intent, she's not subject to a ban and can come back with whatever visa you two decide to file for.

That's the part you need to get straightened out, I would think.

[Jeff-n-Jana 0]

I really think she must be hearing something wrongly, but then again, I'm assuming that this was a simple case of suspected immigrant intent and nothing else. If she made a material misrepresentation to a CBP officer, that would probably get her a ban of some sort. But if she was telling the truth the whole time and was only denied on the basis of suspected immigrant intent, she's not subject to a ban and can come back with whatever visa you two decide to file for.

That's the part you need to get straightened out, I would think.

I am going on the same assumption that she is being denied on suspected immigration intent. I just cannot see Jana not being honest with the CBP folks. Jana has been here to visit me twice on tourism visa's already, and knows to be honest when answering any questions they ask her. Hopefully she will be able to call me again today and I can inquire further about this whole ban thing.

Jeff

[zyggy 9]

Jana may not be fully understanding the things they are telling her. Even though Jana's English is excellent in my opinion, it gets worse when she is stressed out. And there are no interpreter services being offered to her as near as I can tell (She has not mentioned one). She has already misunderstood the CBP folks asking her about filing a refugee status, so she may be misunderstanding others as well. She has said she was being banned from entry for 5 years which just seems wrong to me.

Jeff

The only reason I think there could be a ban in place is if the CBP felt that she made a material misrepresentation to the CBP officer during her questioning. A material misrepresentation would be misrepresenting herself in a way that if she had told the truth, the officer would have come to a different conclusion. If they did believe that she had misrepresented herself, there will be a notation of the section of the INA in her passport. That notation should be INA 212 (6)©(1) or the like. If she has been found to have misrepresented herself, she is inadmissible for 5 years from the date of the event in accordance with INA 212 (9)(a)

Edited February 16, 2006 by zyggy

[irishgirl73 0]

My man was told he had a 5 year ban as well but that was b/c he overstayed 2 days on the vwp. He has since found out that it was "incorrect" information. The cbc officer was mistaken. Maybe she heard the wrong thing.

They have a way of tricking people-they can be really intimidating. My man was so upset & angry. I am still shocked at the way they treated him.

Hope you get this resolved

By the way-my man did NOT have anything stamped in his passport, that is why I figured he wasn't receiving any sort of ban.

[Peggy 1]

After a few collect calls from Jana, and a few calls to friends in various places, I have a few more details. The administrative review was to be for a refugee status that one of the CBP folks asked her about. She did not know what that was. I have explained it to her and she is refusing the review and should be on a flight to Frankfurt on Friday. The CBP in Portland contracts beds with the Columbia County jail is why she is wearing an inmate uniform and gets to wear handcuffs for her transports back and forth every day. I do have legal insurance through my employer, and will definitely be talking to an immigration attorney about this whole mess. I will keep you updated. Thank you all for the insights and support during a difficult time. The people here at VJ rock!

Jeff

Sorry to hear that your fiance is going thru this. Thats just aweful.