CBP Question & Answer (airport) statement

[EliseRR 4]

My attorney decided to file a request to CBP to inquire Question & Statement (a.k.a. Airport Statement) for my wife's last entry to the States.

Anyone has experience how long would it normally take to get it from CBP?

Please share your experiences, thanks in advance.

[canadian_wife 1,822]

Do you mean an FOIA request?

Why is this necessary? Be weary, if it isn't necessary then he may just be filing paperwork to collect the fee

The FOIA request can often take longer than the visa

Good luck

[EliseRR 4]

I am not sure if that is FOIA. Reason why we need to get it is because last time my wife tried to enter; she was denied and volunteerly revoked the VISA.

We would like to find out what was stated in the CBP system to see if we might need a waiver or no.

[amykathleen2005 441]

I am not sure if that is FOIA. Reason why we need to get it is because last time my wife tried to enter; she was denied and volunteerly revoked the VISA.

We would like to find out what was stated in the CBP system to see if we might need a waiver or no.

If she volunteered to depart then you shouldn't need a waiver. Is there something else such as an overstay or criminal background which would need a waiver?

[EliseRR 4]

We were married overseas so when officer questioned her the reason to come to the States she answered that she was here to visit a friend.

Later on officer called me and found out we were actually married. So we are worried that "mis-repsentation" is on the file.

[pieroot 43]

Visit a friend? Was she traveling under a tourist visa while you guys were waiting for the CR1 to be approved?

[EliseRR 4]

No, we didn't file CR1 yet at that time because I was still a LPR.

[EliseRR 4]

Has anyone had experience requesting the Question & Answer Statement from CBP?

My wife voluntary revoked her tourist visa at the port when she last visited the States before we filed CR-1.

My attorney would like to know what CBP wrote in the statement so we are going to request one from CBP.

Our case is at NVC now waiting to be invoiced. Not sure if we are going to get the statement from CBP before interview.

Please share your experience with me.

Thanks whole bunch.

[Kathryn41 3,205]

Duplicate thread has been moved from US Citizenship forum and merged with thread started here.

[canadian_wife 1,822]

Was anything written in her passport? Did she sign anything?

I was denied entry twice and as long as it was a denial (the answer to those 2 questions will help)she will be fine

However, no, I have never done a CBP question and answer. That actually just sounds like a transcript of what was asked and answered. An FOIA request will give you access to any paperwork or documentation the CBP has listing his opinion on her denial. This is what can take months or years to obtain

Good luck

[EliseRR 4]

The code on VISA is 22CFR41.122(h)3.

CBP question and answer is the transcript they asked her whole bunch of questions. Unfortunately she told the officer she was here to visit a friend not husband because we were not married in the State and she thought we need to register in the State that becomes husband and wife. So there is a chance USCIS will treat this as "mis-representation". In that case, we may require a waiver. Hopefully not!!!

[pieroot 43]

Best of luck you guys. Hope that your lawyer resolves things, but it could take time. Have you contacted the AIT to ask them how to proceed?

[canadian_wife 1,822]

The code in your passport, with a quick google search, means:

This section of law means that the officer revoked your B visa and did so with your permission. An officer may revoke a B visa at the port of entry/airport if he believes that the the purpose for which the visa was issued has ceased to be vald.

In this case, your wife was married

Again, you need to speak to your lawyer, a question and answer transcript, I do not believe, will tell you if misrepresentation charge has been laid, it will just tell you the questions and answers given at the POE. An FOIA request will give you access her file which will tell you if there was a misrepresentation

Good luck

[EliseRR 4]

FOIA request will be sent out soon. Hopefully it arrives before the interview date. Waiting for NVC to invoice now. It's been more than a week after case number and IID but still no invoice yet.

[EliseRR 4]

Found this on CBP web site:

How to File a CBP FOIA Request: (5/1/2012)

http://www.cbp.gov/xp/cgov/admin/fl/foia/foia_requests/howtotravel.xml

CBP FOIA Processing Timeframes

All federal agencies are required to respond to a FOIA request within twenty business days of receipt.

It seems they will reply in only 20 days. That is a great news. This way we shall get to know what was written before interview date.