Re-entering the US after questioning

[daeys 0]

Things have not gone exactly as planned for me (US citizen) and my girlfriend (Brazilian).

We flew from Brazil to the US and she had bad luck at immigration. She was questioned for almost 3 hours. Two armed border patrol officers (both male), took her to a room for further questioning. They insisted she was coming to the US to get married and stay. Nothing she said could dissuade them, even a return ticket, financial means to support herself, etc. They gave her a month. They wrote into her entry card: "No extensions" so she can't apply for one. Also wrote "No status change" (since the officers assumed she was in the US to get married and stay). They also took her main credit card and asked her about the available limit. She responded truthfully about the available amount (over 10k USD). They took the card to (allegedly) call and check the limit, and never returned it to her. We had to call the bank and cancel the card.

The irony is that she was absolutely honest with them. I'm a Permanent Resident in Brazil. I haven't lived in the US since 2006. She's in grad school in Brazil. We have every intention of going back to Brazil. They didn't believe her. To me, it's amazing that they can generate such a conclusive judgement without any evidence to support their argument.

We really wanted to stay longer than a month to travel around. Last year we spent 3 weeks traveling in the US without any issues. Our idea at this point is to take a ~2 week trip abroad, i.e. leave the US and come back, and hope for a more understanding officer and a few more weeks upon her new entry. I have absolutely no idea whether it will work.

I'm also not sure whether a sworn affidavit from a US lawyer would help in the next entry (a sworn statement saying she won't work, won't get married, won't enroll in college, etc.) Perhaps with it in hand, she can defend herself against the "guilty without evidence" label.

If you have any advice, we'd love to hear it! Thanks in advance.

[Dave&Roza 748]

Things have not gone exactly as planned for me (US citizen) and my girlfriend (Brazilian).

We flew from Brazil to the US and she had bad luck at immigration. She was questioned for almost 3 hours. Two armed border patrol officers (both male), took her to a room for further questioning. They insisted she was coming to the US to get married and stay. Nothing she said could dissuade them, even a return ticket, financial means to support herself, etc. They gave her a month. They wrote into her entry card: "No extensions" so she can't apply for one. Also wrote "No status change" (since the officers assumed she was in the US to get married and stay). They also took her main credit card and asked her about the available limit. She responded truthfully about the available amount (over 10k USD). They took the card to (allegedly) call and check the limit, and never returned it to her. We had to call the bank and cancel the card.

The irony is that she was absolutely honest with them. I'm a Permanent Resident in Brazil. I haven't lived in the US since 2006. She's in grad school in Brazil. We have every intention of going back to Brazil. They didn't believe her. To me, it's amazing that they can generate such a conclusive judgement without any evidence to support their argument.

We really wanted to stay longer than a month to travel around. Last year we spent 3 weeks traveling in the US without any issues. Our idea at this point is to take a ~2 week trip abroad, i.e. leave the US and come back, and hope for a more understanding officer and a few more weeks upon her new entry. I have absolutely no idea whether it will work.

I'm also not sure whether a sworn affidavit from a US lawyer would help in the next entry (a sworn statement saying she won't work, won't get married, won't enroll in college, etc.) Perhaps with it in hand, she can defend herself against the "guilty without evidence" label.

If you have any advice, we'd love to hear it! Thanks in advance.

Hate to say it, but like the IRS,with the CBP you are guilty until you prove that you will not immigrate to the US. Sometimes you can have all the proof in the world and they will still not let you enter the US on a tourist visa. Unfortunately in these cases they are judge, jury, and executioner. They only have to let in USC as this is our place of domicle. Everybody else they can decide whther you get to enter the US and for how long.

She did get in for a month. If she leaves then that should help her chances the next time. However, in my mind, the next time should be several months to even a year after this entry. Too soon and it may look like she is trying to get back into the US and not have those restrictions for the next entry. She can try to enter the US again, but plan on her getting refused so it does not totally screw up your plans.

Good luck,

Dave

[Teddy B 17,252]

Hate to say it, but like the IRS,with the CBP you are guilty until you prove that you will not immigrate to the US. Sometimes you can have all the proof in the world and they will still not let you enter the US on a tourist visa. Unfortunately in these cases they are judge, jury, and executioner. They only have to let in USC as this is our place of domicle. Everybody else they can decide whther you get to enter the US and for how long.

She did get in for a month. If she leaves then that should help her chances the next time. However, in my mind, the next time should be several months to even a year after this entry. Too soon and it may look like she is trying to get back into the US and not have those restrictions for the next entry. She can try to enter the US again, but plan on her getting refused so it does not totally screw up your plans.

Good luck,

Dave

I agree with this 100%. If she tries to enter the US again too soon, she may get denied and that will stay on her record. It will hurt her chances of ever getting in the states on a tourist visa again. A sworn affidavit from an attorney will do little, if anything at all.

Something set up a flag to the CBP officers, you may never know what.

[ndu26 114]

Ditto with previous responses.

I am a little bothered with the part about them not returning her credit card. Did you ask for it when they came back? cos that was kind of suspect. I mean what were they hoping to achieve by keeing her credit card and is that even legal ?

[mig 0]

Wow, things like this I never heard before..

[canadian_wife 1,827]

A sworn letter from a lawyer is meaningless. If you want to show CBP that she won't marry and stay or work, show that she has substantial ties to Brazil. She should carry school enrollment records, tutition payment slips, evidence of an apartment or lease, car notes, things to prove that she cannot stay in the US.

Trying to re-enter the US after only 2 weeks apart will be difficult. It looks like she is desperate to be in the US, which was their concern in the first place.

good luck, enjoy your time in the US

[mai95 4]

Not returning the credit card, unless an officer tried to steal it, then it was an honest mistake, but it is bothering.

As for her returing to the U.S. again I would say it is a toss up, she did leave after that event right? So she did demonstate that she was not there to marry. Yes she most likely be questioned again, but denied who knows, take the change or process a K-1 or CR-1 visa for her your choice. I would say

no one can tell and even a lawyer will not be able to help. The POE officers make the decision based on all the information they have at that time.

If you try it, the things she brings with her will help, meaning only a few things for a short stay. good luck