12 Year Old in Trouble - Need some advise

[Hypnos 6,578]

Is it possible she was instead given an Expedited Removal Order? http://www.borderimmigrationlawyer.com/expedited-removal/

As I said, seeing redacted copies of whatever CBP gave you would be useful.

[Boiler 46,133]

There is a lawyer on another site who refers to USCIS as the Dark Forces. Seems he has has too many ####### moments where he has to deal with cases where they have acted illogically immorally or just plain illegally.

So I guess I am looking at this case from what could happen.

[kennym 275]

Boiler, the sense we're getting here, is the Immigration seems they realized they were wrong, just from their reactions to the things I've showed them and the simple reasoning that they're charging a 12 year old that has no ability to understand the law, nor commit a crime or violation...

But they are really acting strange in that they seem to realize they made a mistake, they took step to try to help us later without admitting they made a mistake, but the help they tried to provide hasnt panned out so far...

It really seems like there is a sense here amongst our local border community, that even if an agent makes a severe judgement error, they will never come forth and correct it, and will even go out of their way to defend their own people regardless of how wrong they are.. It's ashame or justice system is like that... because part of the system that is so crucial to fairness is to ensure the people who are enforcing the laws are honest and knowledgeable..

This is the first time I've dealt with any enforcement agency to this extent... it's really frightening what they are capable of doing and how they can complicate or even destroy people lives due to the level of ignorance that exists at the various levels in these agencies..

Edited February 5, 2015 by kennym

[Boiler 46,133]

You would normally expect in this situation the person to be refused entry as they were seeking entry using the wrong visa. In this case the correct visa was a F1.

They used the discretion they have to parole her in.

[Hypnos 6,578]

As I said above, if she was 18 or older then I believe she would have just been straight up denied entry. They did you a favor by paroling her in, and were under no obligation to do so.

I don't think CBP were in the wrong as your stepdaughter is quite clearly not a bona fide tourist.

Edited February 5, 2015 by Hypnos

[kennym 275]

You would normally expect in this situation the person to be refused entry as they were seeking entry using the wrong visa. In this case the correct visa was a F1.

They used the discretion they have to parole her in.

I dont agree... Because, Again.. It's private School... Not Public School, private school is not covered in the law.. Besides, she didnt enter to study.. she entered because here mom is here and was visiting, the private school was simply a way for her to have something to do.. It was a USC that made the descission to let her attend the private school to kill the boredom and interact with others while we sorted out the problems with her father.. if her father would let her, she would go home to Colombia,,

FI visas are for people who come here specifically to study.. F1 Visas are Not for people who come to Visit. My step daughter came here specifically to visit her mom,,,

Edited February 5, 2015 by kennym

[Boiler 46,133]

?????

Most students with F1s go to private institutions.

She was attending a regular school like any other 12 year old?

[kennym 275]

Ok Boiler, Thanks for your helpful thoughts...

Edited February 5, 2015 by kennym

[Boiler 46,133]

I go back to my first response, you need competent legal representation.

[kennym 275]

Well, Boiler, not sure how to find that, but after countless phone calls, emails, browsing the web lots of tears, we are hopeful that the attorney we've spoken to is going to be able to help us...

We have a list of documents he's requesting, and tomorrow we're driving to San Antonio to meet him face-face...

We've clearly heard everyone say we need legal representation... We've done our best to look for that.. It's amazing that the attorneys have "IMMIGRATION" Plastered all over their website, but when you call them, and give them the details of the case, they admit, they only do routine stuff...

we never intended to immigrate.. we had plane tickets to return and plans to return her home to her father. Her father initially decided that he didnt want her back, but has changed his mind at least 3 times.. My daughter is eligible to AoS based on my marriage to her mom, but we didnt intend to do that unless we knew for certain he was sincere about letting her go.. We currently arent able to reach him.. we cant pur her on a plane hoping someone will pick her up at the airport... First, it about a 50 mile trip from the Airport to her fathers place.. We arent certain why hes' not answering our calls..

HOWEVER, Imagine the consequences if we keep her here.. He "COULD" file charges with the Colombian Police against my wife.. I am not an expert, but I'm fairly certain, that Colombia as extradition agreement with the US.. This is not something we want to even think about.. cant imagine my wife being put into that kind of situation..

Putting my Step daughter into private school was a temporary plan to give her something to do while we sort out the problems with her father... In no way was it indicative of any intentions on our part..

It's absolutely true that my wife would be ecstatic if her daughter could stay here with us.. but our intent to Adjust was never established up to this point, simply due to the inconsistencies with the paternal father...

Edited February 5, 2015 by kennym

[Darnell 8,479]

Gather everything to adjust and send the documents in overnighted. That's very odd that they kept her passport and told you to make arrangements to get her back to Colombia considering any international travel will require her passport. Get that back ASAP that could be a serious fault on their part I'm not sure they're legally allowed to do that.

CBP is not USCIS -

so (IMO)

the child can adjust. USCIS says it's allowed, even with CBP doing this thing.

need new colombian passport? get it at a Colombian embassy/consulate in the USA, later.

[i cant spell columbian/colombia - don't beat me]

[kennym 275]

CBP is not USCIS -

so (IMO)

the child can adjust. USCIS says it's allowed, even with CBP doing this thing.

need new colombian passport? get it at a Colombian embassy/consulate in the USA, later.

[i cant spell columbian/colombia - don't beat me]

Thanks Darnell.. You're always helpful...

We meet with our attorney tomorrow, and begin the process of AoS per his recommendations...

We just dont know the concequences

[Boiler 46,133]

You need to check the family law issues as well.

No idea what they are in Colombia, certainly from a UK perspective if one parent agreed to let a child visit and then the other kept them it would get very nasty.

If he has abandoned her effectively you might need a court order to substantiate that.

[I AM NOT THAT GUY 5,715]

The remaining issue is whether or not you entered into a voluntary departure agreement, and that suspends any possibility of your child remaining in the US.

[kennym 275]

Well,

I guess I can see where I screwed up.. I consulted the wrong resources and made some really bad assumptions... let's hope I didnt screw up so bad that My step-daughter and my wife continues suffer because of my ignorance..

No excuses - just plain stupidity on my part...

AoS packet will be submitted today, Attorney fees are about 3500.. But nothing compared to happiness it gives my wife, having her daughter here with us..

I am extremely satisfied so far with the Attorney... they seem very knowledgeable... I might have been able to submit this on my own, but they are also doing some other stuff related to the case to help us.. so we are ok with the cost and having the peace of mind behind having them on our side...

We'll keep everyone posted as things develop...