POE officers....to confront or not to confront???

[J&JWS 2]

Travel to visit him! I went into the US all the time. Just don't over stay, leave when you say you will and bring evidence with you showing you HAVE to leave the US. (Work letter, College letter, etc...). There is seriously no problem with going in to the US. Just be honest. I was told a couple times by friends not to say anything about my CR1/IR1 being in process. Well, from my experience it is much easier just to tell them. If you don't tell them, they will see it as with holding information when they find out.

Honesty

Return ticket

Evidence of needing to return to home country

NOA1 from USCIS if you have it to prove you are going through the legal process

Those 4 things and you should be fine.

Oh and don't bring too much. Pack light.

Good luck!

[JimVaPhuong 4,863]

Being confrontational with a CBP officer is a sure fire way to find yourself in a secondary inspection interrogation room for a lengthy and unpleasant interview. Be respectful. Be courteous. Be confident. But don't make any demands.

You're correct that it's not illegal to visit while you have an immigrant visa petition pending. It's also not your right. When you present yourself to a CBP officer for admission you are asking them to grant you a privilege. They will probably be offended if they sense you're demanding anything. If they're offended then they'll probably make your life miserable for several hours just for the fun of it. Don't give them a reason to.

[InHisTime 110]

There's a saying, may I quote from Jackson Brown, Jr. "Don't burn bridges, You'll be surprised how many times you have to crossed the same river" --- so it is best NOT TO ARGUE....you never know what implications it would result to. God bless !

[MikeMikeG 0]

I'm told that this kind of situation can sometimes be tricky for people who are in the process of petitioning for relative visas.

If you're really worried, or have circumstances which could make it harder for the CBP officer to believe your intentions, then one option (suggested to me by a former U.S. consular officer) might be to apply for a tourist visa (B1/B2) and to use this to visit the U.S. while waiting for your case to be completed. This should be fine for citizens from VWP countries. The consulate can annotate the visa explaining you are currently filing I-130 etc, and this should be acceptable to CBP officer at the point of entry.

Hope this helps!

Mike

[del-2-5-2014 1,339]

Please confront

We haven't had a good POE thread in a while. I think since the Korean/Japan Fiancee/Spouse was turned back at LAX for using the word married.

[lynndy38 64]

You guys are always awesome with your advice,thankyou so much.

Still a few folk saying Im mad though......trying not to let those comments get to me as it seems the majority feel it should be ok to visit as long as I take evidence with me and dont upset the immigration officer!!!I really wouldnt stand and argue with them,in fact my last two trips the officer has had me in floods of tears due to his attitude. I asked the supervisor why this particular officer was always so ugly to me and he said we dont have time for niceties.

Im going to think about trying a new POE, maybe Philidelphia,my husband had a chat with the officer when he returned there after our wedding and he told him there shouldnt be an issue with me going over......so I need to find HIM to allow me entry

Im also going to ask my landlord to do me a statement saying I am tied into a contract with them and have my return ticket at hand.

[Cesar & Cata 35]

I'm told that this kind of situation can sometimes be tricky for people who are in the process of petitioning for relative visas.

If you're really worried, or have circumstances which could make it harder for the CBP officer to believe your intentions, then one option (suggested to me by a former U.S. consular officer) might be to apply for a tourist visa (B1/B2) and to use this to visit the U.S. while waiting for your case to be completed. This should be fine for citizens from VWP countries. The consulate can annotate the visa explaining you are currently filing I-130 etc, and this should be acceptable to CBP officer at the point of entry.

Hope this helps!

Mike

I am sure if she is talking about traveling and has done so in the past then she already must have a VISA.

IMO - Travel to see your husband!!! I am almost ready to attempt for my wife to get a B Visa, even though I know there is at least a 95% chance she will be denied. Being shes 20 and has only english academy to return to.

[Boiler 45,516]

I am sure if she is talking about traveling and has done so in the past then she already must have a VISA.

IMO - Travel to see your husband!!! I am almost ready to attempt for my wife to get a B Visa, even though I know there is at least a 95% chance she will be denied. Being shes 20 and has only english academy to return to.

Highly unlikely she has a visa.

You can not get your wife a visa.

[JohnR! 5,495]

You guys are always awesome with your advice,thankyou so much.

Still a few folk saying Im mad though......trying not to let those comments get to me as it seems the majority feel it should be ok to visit as long as I take evidence with me and dont upset the immigration officer!!!I really wouldnt stand and argue with them,in fact my last two trips the officer has had me in floods of tears due to his attitude. I asked the supervisor why this particular officer was always so ugly to me and he said we dont have time for niceties.

Im going to think about trying a new POE, maybe Philidelphia,my husband had a chat with the officer when he returned there after our wedding and he told him there shouldnt be an issue with me going over......so I need to find HIM to allow me entry

Im also going to ask my landlord to do me a statement saying I am tied into a contract with them and have my return ticket at hand.

There is nothing wrong with coming to visit while your process is underway. It is a terrible idea however to use the words 'confront' and 'immigration officer' in the same sentence, LOL... The decision of the POE officer is final, so you really want to be as nice and polite as you can, without overdoing it.

Intead of confrontation, you can disclose to the officer that you know full well that misrepresenting yourself at the POE and entering the US with the intent to stay on a tourist visa/VWP would be cosnidered illegal and grounds for you to be banned from ever returning. If the situation warrants or call for it, that might help you make the argument that it would be unwise for you to sneak into the US and jeopardize a process which is going smoothly through the legal avenues. If it really gets sticky, offer to sign a statement to that effect. You have nothing to lose by trying, if the going gets tough. Remember however that you must be absolutely impeccable in your words so as not to come across aggressively.

Good luck!

[lynndy38 64]

I don't have a visa as the UK is a country that qualifies for the visa waiver programme,although I do need an ESTA......I could get knocked back at that stage I guess and thats the decision made for me!!!!!!

I will be on my best behaviour(I always am!!!) when I get to POE, I just desperately want to stand up for myself with this particular officer.......seriously he makes me feel like Ive just spat on his food or something........WHY DO YOU KEEP COMING HERE??? WHATS WRONG WITH YOU????? Things like that,and my favourite.....I CAN HAVE YOU ON TONIGHTS FLIGHT BACK TO THE UK!

His supervisor always says,we was never going to send you back....so it feels like this guy gets a kick out of seeing me upset,I cant stand bullying of any kind. But from what I'm reading I have to suck it up.

Im thinking Manchester to Philly........try a new POE.

Thankyou again for your replies

[NotworkSte 19]

Past history, proof and attitude is prety much all you need. If you feel worried about one POE, use another one. I used both EWR and PHI, EWR was usually better though I did get a couple of secondaries there. PHI I had a POE officer with a trainee and his eyes lit up when he got me and said to her "oh this will be a good one for you to get to know how to handle".

You're from the UK, you're most likely going to get it. So long as you don't keep butting VWP trips against each other for max length and spend more than 6 motnhs a year, you'll be ok. Just keep bringing the proof and smile.

Ignore the B visa suggestion, it will do you no good. You are free to apply for it, most likely it will be turned down unless you have a compelling reason for it. And getting turned down for it becomes tricky with your ESTA.

It is highly unlikely you will not be allowed in, so long as you play by the rules. And remember, no one can guarantee you entry, not a supervisor, not a side deal made out with a POE officer. It's his call, at the time, free from external influence. If he has doubts you more likely be sent to secondary rather than him denying you outright. If one person is being an idiot, use another booth.

I travelled about 8-10 times in the year after we submitted i-130.

[Eric-Pris 1,606]

"Confront" is the wrong word to use. "Stand up for yourself" would be a better way to say it.

Before you decide to "challenge" CBP, you must ask yourself a question:

Can you remain calm (not raising voice or causing a scene) if you are in a discussion?

No doubt that they will say things to get you riled up. Can you stay in control? The last thing you would want is to get loud or cause a scene. Or say something stupid. You would possibly be leaving in handcuffs.

[lynndy38 64]

You're right 'confront' was a terrible word to use

I just mean stand up for myself,I find it difficult to accept that the POE officers are able to be so ugly to us and we can't do a thing about it. I can't think of another job where you can talk to people with such disregard,yes they have a serious job to do,and if they get it wrong it could have repercussions but why the awful attitude? I just feel these people are like bulldogs chewing wasps,and we have to face their wrath on each visit.

Im sure many of you hate the fact your relationship and life is under the microscope,we all have complicated stories of heartache to tell regarding our journeys to be with our loved ones,soon I will have to leave everyone I love.....my mum and dad and family......my amazing son!!!!(he wants to stay with his dad) and my beautiful country because I have fallen deeply in love with an American citizen,yet everystep of the way I'm being made to feel like a fraud and I hate that.......Im sure many of you have felt the same at some point.

Im on this rollercoaster and will not get off until Im stood beside my husband.......I just may moan about it from time to time!!!

[HelenBradley 28]

You're right 'confront' was a terrible word to use

I just mean stand up for myself,I find it difficult to accept that the POE officers are able to be so ugly to us and we can't do a thing about it. I can't think of another job where you can talk to people with such disregard,yes they have a serious job to do,and if they get it wrong it could have repercussions but why the awful attitude? I just feel these people are like bulldogs chewing wasps,and we have to face their wrath on each visit.

Im sure many of you hate the fact your relationship and life is under the microscope,we all have complicated stories of heartache to tell regarding our journeys to be with our loved ones,soon I will have to leave everyone I love.....my mum and dad and family......my amazing son!!!!(he wants to stay with his dad) and my beautiful country because I have fallen deeply in love with an American citizen,yet everystep of the way I'm being made to feel like a fraud and I hate that.......Im sure many of you have felt the same at some point.

Im on this rollercoaster and will not get off until Im stood beside my husband.......I just may moan about it from time to time!!!

We are all 'under the microscope' kind of, but it's not personal. It's the way it is. Bringing a spouse to the UK is worse now. Sadly.

If the CBP officer said those things to you then I think you are crazy to go to that POE at with your current situation. As someone else said, it is not your right to visit, it's a privilege.

Why make waves at this stage? Change your POE for this visit. Go back to that POE when you have your approval!

Best of luck.

Edited August 7, 2012 by Helen Louise

[dandk 72]

I don't have a visa as the UK is a country that qualifies for the visa waiver programme,although I do need an ESTA......I could get knocked back at that stage I guess and thats the decision made for me!!!!!!

I will be on my best behaviour(I always am!!!) when I get to POE, I just desperately want to stand up for myself with this particular officer.......seriously he makes me feel like Ive just spat on his food or something........WHY DO YOU KEEP COMING HERE??? WHATS WRONG WITH YOU????? Things like that,and my favourite.....I CAN HAVE YOU ON TONIGHTS FLIGHT BACK TO THE UK!

His supervisor always says,we was never going to send you back....so it feels like this guy gets a kick out of seeing me upset,I cant stand bullying of any kind. But from what I'm reading I have to suck it up.

Im thinking Manchester to Philly........try a new POE.

Thankyou again for your replies

CBP can really make your life miserable by inserting your name and data into their No Fly List...