POE nightmare - need advice!

[M&Pooh 12]

So far our journey was flawless - we got everything on time and even faster. We've been approved on April 20th and April 29th I've tried to POE at Detroit tunnel.

I was going to Chicago for the weekend and after going through info on the internet and debating it with my husband, we decided that I have to activate my IV. I didn't have much luggage and when asked if I'm returning back to Canada soon honestly said yes.

Then the CBP officer in the secondary (who was extremely aggressive and ignorant) started interrogating me.

-Who told you you should activate this?- I answered that to my best knowledge, as soon as I have IV, I should present it when crossing. Then she followed with some weird and offensive remarks regarding people getting their visas and not intending to move here, to which I answered that wasn't the case, and I'm going to permanently move in June after my son's school year is over. She told me to sit and wait and said to her coworker that she suspected fraud - quite loudly - so that I could hear her.

Then she asked me several questions about my husband, his status in the USA and some other questions (which were irrelevant to the case) and requested to show her a document whith my husband's address. I said that all the information she needs she would find in the sealed envelope that I've presented. She still insisted and I showed her our lease agreement with both our names on it. She tried to make allegations about me illegally putting my name on the lease (not the case).

Then she ran a namecheck on me and asked me to present my US driver licence. I have never had a US DL and I told her so. She said, the "computer" shows it. I repeated, I never had one.

She told me to sit down again and started going with my papers around the office and to the area in the back, talking to and calling different people. Then she asked me if I lost my passport recently and I confirmed that it was stolen in Latin America when I and my husband were on vacation. After almost 2 hours waiting she called me and said - very reluctantly - that it looks like my immigration docs were in order and she's going to procede with the IV and opened the envelope. Then she apparently changed her mind and again started wandering around the office with my file.

After calling on the phone several people and talking to them, she aproached another CBP worker (higher rank, I presume) and asked him to give her someone's number. She kept repeating, "this doesn't look good to me". Then she finally called the number she got from her coworker, and after talking for quite some time, called me back and said that she won't process my IV since there's a problem.

- What kind of problem? - Your file is incomplete. I offered her to see my NOA2 and NVC file complete docs which I had (not to mention that Montreal consulate granted me an IV) and she refused. She told me I should call the Montreal consulate and tell them that my IV could not be processed due to incomplete info. I asked what kind of info and she said she's not going to tell me and they could read the remarks that she has put on my file. She said, she's going to let me enter now because I'm from Toronto and made almost half-way to Chicago - if I were from Windsor she would refuse my entry, sealed the envelope back (I wonder if she put all the docs back), marked it "opened by CBP" and I was out - 3 hours later.

I was shaking. I couldn't believe what just happened. I still don't know what happened and how I could fix this.

We are going to call the DOS and Montreal but in the mean time, I would greatly appreciate any advice!

[calibob 73]

Possibly she didn't know HOW to process the documents and was trying to save face?

Bob

[TBoneTX 46,276]

Long before, you should have asked politely for her to get her supervisor, "and have him or her bring a blank complaint form, too, please."

[M&Pooh 12]

Hey folks,

The husband is here. I would like to add to my wife’s post a series of specific questions:

1. What are the limits of the “CBP officer’s discretion”? Can they do virtually anything with impunity or there are things that are solid grounds for filing potentially successful complaints?

2. They obviously ask provocative questions all the time. Fine. During the interrogation, are they allowed to use <b>obviously false</b> statements like “I see in my computer that you have a US DL”?

3. What is the most effective way to complain? CBP itself, senator/representative office, any other entity?

4. Generally, what can be done to make our next attempt to cross successful? Any advice or reference to any expert is greatly appreciated.

[M&Pooh 12]

Initially she was going to process the IV. There were no reason for complaint...

Long before, you should have asked politely for her to get her supervisor, "and have him or her bring a blank complaint form, too, please."

[SPSguy 18]

You should contact the local USCIS through infopass. Detail what happened and suggest that you didn't know if this was done in error, computer error, or that the CBP officer was new on the job, or a good CBP officer on a bad day.

My wife was granted both a K3 visa and IR1. On her first trip to the U.S. on K3, the CBP questioned why there was a note on the VISA which read, "K3 petition expires xxxxx." We explained that it's a common error on the embassy's part. In any case, the CBP officer sent us through to secondary processing where we waited 45 minutes. A second officer came to run a check on my wife and came back telling us that their computer was down.

In any case, he let us in and said, "you guys should hurry to get residency."

What I am trying to get across is don't sweat it. Go talk to the local USCIS office. Whatever the CBP officer typed must also be in the USCIS computer too.

[Darnell 8,479]

alas - the only (IMO) office that can help you now

is

the deferred inspection / secondary inspection office

of

The CBP.

They are 'everywhere' - find one soonish, go there, pitch a fit in person, face to face.

IMO, the 'officer' at the POE was an idiot, and apparently no one else there knew enough about IV to come to your aid.

Get to a secondary inspection office, hand over the IV packet, explain the situation.

[canadian_wife 1,829]

I wonder if the stolen passport lead to someone taking a DL out in your name?!?!?

Call DOS immediately, Call USCIS and anyone you can.

You may want to try a consult with a lawyer, Laurel Scott offers free chats on Wednesdays, she might be able to clear up some inky spots here

Good luck

[M&Pooh 12]

Thanks for the info on deferred inspection, Darnell!

I need to clarify - MY WIFE IS NOW BACK TO CANADA, so we can't go to the local USCIS office with her IV packet, she will be attempting to cross the border again.

alas - the only (IMO) office that can help you now

is

the deferred inspection / secondary inspection office

of

The CBP.

They are 'everywhere' - find one soonish, go there, pitch a fit in person, face to face.

IMO, the 'officer' at the POE was an idiot, and apparently no one else there knew enough about IV to come to your aid.

Get to a secondary inspection office, hand over the IV packet, explain the situation.

[M&Pooh 12]

AFAIK, the Canadian passport by itself is not of much help for obtaining the license in most ( if not all ) US states... DLs are not granted to visitors and you need some other immigration documents...

I wonder if the stolen passport lead to someone taking a DL out in your name?!?!?

Call DOS immediately, Call USCIS and anyone you can.

You may want to try a consult with a lawyer, Laurel Scott offers free chats on Wednesdays, she might be able to clear up some inky spots here

Good luck

[jkelly07 120]

employee uscis misconduct-DHSOIGHOTLINE@DHS.GOV---OR -1-800-323-8603---or fax 202-254-4292--------or uscis head quarters in d.c--scopsscata@dhs.gov good luck.

[ThomKimQC 14]

The problem with this entire situation is that you had your passport stolen and with you reporting it being stolen had it entered into the system for every POE. The problem with you losing the passport in Latin America is that many times the passport is often sold to the highest bidder (criminal) where they use it illegally for example in your case a Driver's License. When the officer ran your name in the system a DL appeared but when you mentioned you never had one that triggered suspicion. This same thing happened to a friend of mine when he was visiting Brazil.

Edited May 3, 2011 by ThomKimQC

[Brit Abroad 166]

Long before, you should have asked politely for her to get her supervisor, "and have him or her bring a blank complaint form, too, please."

This. Exactly what I would've done. The woman is employed to process your paperwork, not air her views on it.

[M&Pooh 12]

The problem with this entire situation is that you had your passport stolen and with you reporting it being stolen had it entered into the system for every POE.

It's not the first time I was crossing after that so I presume, it was in the system.

[Used to be broken 147]

So far our journey was flawless - we got everything on time and even faster. We've been approved on April 20th and April 29th I've tried to POE at Detroit tunnel.

I was going to Chicago for the weekend and after going through info on the internet and debating it with my husband, we decided that I have to activate my IV. I didn't have much luggage and when asked if I'm returning back to Canada soon honestly said yes.

Then the CBP officer in the secondary (who was extremely aggressive and ignorant) started interrogating me.

? this does not make sense to me. Why would you activate the IV if you have intent to return to Canada? The IV is an Immigrant VISA and you are it seems attempting to use it as a Visitor VISA. I think you have to request advance parole before you can leave and come back and it makes no sense what you were attempting to do. If/When you do finally enter , don't leave before you get your advance parole documents or it could mean you are abandoning your LPR status.

In any case the CBP officer probably did you a favor.

Edited May 4, 2011 by brokenfamily