Thai wife of US Citizen for 10 years refused entry at airport

[Transborderwife 4,666]

It's frustrating, yes, but the other posters are exactly right: The border agents were following the law. It's always best to tell the truth; if she'd lied and said she was "just visiting" and then stayed to adjust status, it might have meant a big problem later on.

You have been married for so long it would be obvious that she'd lied on her last entry into the U.S. and did indeed intend to immigrate after all.

Intent is not enough to deny aos

[Jawaree 717]

Your wife was lucky to be allowed in with that situation, however

with CBP notation maybe she will not be able to adjust here, but

I'd say do some free consults with some attys they may be able to

give you the proper advice, and get with your congressperson, I

would be prepared also if a co-sponsor is needed..goodluck

[Hypnos 6,576]

Any CBP notation in your passport holds no legal weight and does not preclude someone from adjusting status if they are otherwise eligible.

[Pennycat 880]

I'm shocked, shocked that the law enforcement officers at Customs and Border Protection were enforcing the customs and border laws. THE NERVE.

You will find literally zero sympathy here. You are in a 10 times better position than most of the people here (getting to be in each other's physical presence, among other benefits of having somehow begged your way through in an afternoon what others spend a year or more and thousand of dollars accomplishing). As always, it's the rule breakers getting all the perks, and those who are doing it the way you're supposed to paying the price.

[HFM181818 748]

The collective actions of those who have 'changed their minds' at baggage claim have instant and long term affects on visa applicants around the world...each and every time a CO finds out about one of the AOSs, the bar for approvals will rise....and then we'll hear about how 'unfair' the laws are, how 'mean' the COs are, etc...once again, blame those who have snubbed their noses at our laws and violated the trust given to them rather than others.

[Shauneg 762]

Any CBP notation in your passport holds no legal weight and does not preclude someone from adjusting status if they are otherwise eligible.

Seriously? I beleive you, just surprised.

[HFM181818 748]

those notations alert another adjudicator that there may be some issue that needs resolution before any other immigration benefit is given...

[Hypnos 6,576]

Yep. Do a search here. More than one person has successfully adjusted status even with CBP nastygrams in their passport. They do exactly diddly squat, other than making the CBP officer feel good about themselves for a couple of minutes.

those notations alert another adjudicator that there may be some issue that needs resolution before any other immigration benefit is given...

I doubt this, since no USCIS adjudicator is going to see that notation in your passport. Unless you have a source saying otherwise?

[Pennycat 880]

The collective actions of those who have 'changed their minds' at baggage claim have instant and long term affects on visa applicants around the world...each and every time a CO finds out about one of the AOSs, the bar for approvals will rise....and then we'll hear about how 'unfair' the laws are, how 'mean' the COs are, etc...once again, blame those who have snubbed their noses at our laws and violated the trust given to them rather than others.

Ha. Careful! I've been thread-banned for saying the same thing

[HFM181818 748]

when asking for another immigration benefit, USCIS will request a copy of one's passport, visa and inside cover pages, and they can easily access the electronic admission records....still, if you believe that you are more clever than our CBP and USCIS folks, well, take your best shot! (but don't miss!)

[Umka36 781]

The annotation is just an advisory opinion by the CBP officer and is not binding. It's still at the discretion of USCIS officer if they will approve the AOS application or not. Sure they can look further into it, but intent alone is not a reason for an AOS denial. Unless there are other issues beyond intent, then it's more than likely to get approved.

It does not mean I agree with it, but it's how the law was written/interpreted. Yes this does make it more difficult for others to visit in the future, but I imagine that those who chose to do this intentionally don't care.

Edited October 21, 2015 by Umka36

[Hypnos 6,576]

when asking for another immigration benefit, USCIS will request a copy of one's passport, visa and inside cover pages, and they can easily access the electronic admission records....still, if you believe that you are more clever than our CBP and USCIS folks, well, take your best shot! (but don't miss!)

If you read through the I-485 instructions you'll note that the only required documents are (i) your birth certificate, (ii) documents regarding your criminal record, if you have one, (iii) proof of legal entry (for most people a copy of their most recent I-94), and (iv) a copy of your US visa if you obtained it within the past year. Nowhere does it say you need to submit a complete copy of your passport, because it isn't a requirement.

And let's suppose in this scenario that USCIS do ask for a copy of your passport, and do see the notation. The opinions of a CBP officer are not binding on USCIS in any way. The only thing that matters for an alien to be able to adjust status is that they were lawfully admitted or paroled into the US (INA 245a). That is it.

Edited October 22, 2015 by Hypnos

[HFM181818 748]

CBP and USCIS work for the same agency...

[Unidentified 2,930]

If you read through the I-485 instructions you'll note that the only required documents are (i) your birth certificate, (ii) documents regarding your criminal record, if you have one, (iii) proof of legal entry (for most people a copy of their most recent I-94), and (iv) a copy of your US visa if you obtained it within the past year. Nowhere does it say you need to submit a complete copy of your passport, because it isn't a requirement.

And let's suppose in this scenario that USCIS do ask for a copy of your passport, and do see the notation. The opinions of a CBP officer are not binding on USCIS in any way. The only thing that matters for an alien to be able to adjust status is that they were lawfully admitted or paroled into the US (INA 245a). That is it.

CBP and USCIS tracks everything. You think they only write something in your passport? Safe bet it's also in their computer systems...

[Hypnos 6,576]

CBP and USCIS work for the same agency...

Yes, they are both under the Department of Homeland Security. Not sure what difference this makes. USCIS isn't bound by CBP's opinions for something like this. CBP have jurisdiction over the border, nothing else.

CBP and USCIS tracks everything. You think they only write something in your passport? Safe bet it's also in their computer systems...

Again - it makes absolutely no difference. Plenty of people here have adjusted with a "no AoS" notation in their passport. It holds zero legal weight for USCIS.