My husband was detained in Atlanta today 😭

[Crazy Cat 42,035]

 

7 hours ago, Diana2020 said:

Thanks for your input, 

The thing is this is not the first time I bought a one way ticket. The last time he came was on 2019 of august so he can witnessed my labor and saw our child for the first time after few days he went back to Jamaica as he have to return to work. It was only here less than two weeks. He only saw our child in her few days old. And I was alone raising my daughter for 11 months and she is turning 1 this August 6th that’s why he came to united state to be with his child on her 1st Birthday. I am so sad for my daughter he could see his dad bcos of this matter 😭😭😢

Unfortunately,  the CBP officer had several reasons to suspect he was trying to bypass the immigration system.  I'm not trying to be cruel, but have you considered starting the CR-1 process and moving to Jamaica for the next couple years?  I hope you can be together soon.  Good luck.

Edited August 5, 2020 by Lucky Cat

[Diana2020 2]

He wants me to move to Jamaica, but I don’t want to move I rather have him move in USA but we were waiting for his contract to end. We will

be applying soon, but due to this issue do you think they’ll allow me to petition him? This removal will not affect my Petition for him? 

[SusieQQQ 11,587]

No, it won’t have an effect on an immigrant petition as long as there is no actual ban in place - so you need to clear that up. If there is a ban you’ll need to file a waiver as well.

 

Unfortunately it’s never a good idea to come in as a tourist on a one way ticket, even if he got away with it before. Too late for that lesson now.

[JFH 12,191]

Unfortunately for genuine visitors the CBP officers are paid to assume all visitors are trying to come here to stay for good. He’s not doing his job if he doesn’t assume that. You can “thank” all the dishonest visitors over the years for that rule. 
 

He was probably lucky before and this time got maybe a new employee or one who was eager to impress his boss who was over-zealous with the rules and asked more questions than normal. Lesson learned for next time... a round-trip ticket is a much better option. 

[Sparkle Sparkle 914]

1 hour ago, Diana2020 said:

He wants me to move to Jamaica, but I don’t want to move I rather have him move in USA but we were waiting for his contract to end. We will

be applying soon, but due to this issue do you think they’ll allow me to petition him? This removal will not affect my Petition for him? 

Am sorry about what happened most likely it wont affect another visa application. Its also important to know if the cancellation was C.W.P (cancel with prejudice ) or CWOP . The later would be perfect as they just cancelled his visa and did not allow him in this time. 

1. You mentioned you will be applying for CR1 soon?....what is your definition of soon? CR1 or I suppose in your case IR1 takes about 24 months from beginning to end. So if you looking to be with him permanently in the next 2 years you already waiting precious time by waiting.

2. Although possibly, its really not advisable to apply for B1/B2 again as it will always show at POE and CBP will always make a big deal of it .

3. Although very rare if you talk to CBP or make that trip to the airport with your baby, they will allow you see him.

goodluck

[Ban Hammer 13,472]

2 non constructive replies removed. 

do not make this thread political.

[Crazy Cat 42,035]

3 hours ago, retheem said:

Try another tourist visa if it fails then petition for an IR1 visa.

Why wait to start the IR-1 process?  Why not do both?

[Jodie876 37]

The Spousal visa process is so long, I wouldn't suggest waiting until his contract is finished to start the process, unless it's a contract that has a couple years left on it. 

[retheem 568]

2 minutes ago, Lucky Cat said:

Why wait to start the IR-1 process?  Why not do both?

I say get another B1/B2 first before starting an IR1. If he gets a B1/B2 before filing for an IR1, he can still be traveling as the IR1 petition is still adjudicated. if he starts with the reverse, he will have shown immigrant intent. Trying to get a B1/B2 while you have an I-130 petition pending, is an exercise in futility.

[Bigtuna 34]

I cannot help but I wish you the best.

 

 

[Crazy Cat 42,035]

20 minutes ago, retheem said:

I say get another B1/B2 first before starting an IR1. If he gets a B1/B2 before filing for an IR1, he can still be traveling as the IR1 petition is still adjudicated. if he starts with the reverse, he will have shown immigrant intent. Trying to get a B1/B2 while you have an I-130 petition pending, is an exercise in futility.

On the flip side, merely having a spouse and child in the US are extremely strong ties in themselves....and show likely immigrant intent.  A pending I-130 could convince the IO that they are following lawful immigration procedures.......Just another angle.......But, in reality, obtaining another B2 is going to be difficult, to say the least.

Edited August 5, 2020 by Lucky Cat

[Diana2020 2]

Thank you so much for you input, I will mentioned it to him today he arrived his country 

[Diana2020 2]

1 hour ago, Lucky Cat said:

On the flip side, merely having a spouse and child in the US are extremely strong ties in themselves....and show likely immigrant intent.  A pending I-130 could convince the IO that they are following lawful immigration procedures.......Just another angle.......But, in reality, obtaining another B2 is going to be difficult, to say the least.

 

2 hours ago, Sparkle Sparkle said:

Am sorry about what happened most likely it wont affect another visa application. Its also important to know if the cancellation was C.W.P (cancel with prejudice ) or CWOP . The later would be perfect as they just cancelled his visa and did not allow him in this time. 

1. You mentioned you will be applying for CR1 soon?....what is your definition of soon? CR1 or I suppose in your case IR1 takes about 24 months from beginning to end. So if you looking to be with him permanently in the next 2 years you already waiting precious time by waiting.

2. Although possibly, its really not advisable to apply for B1/B2 again as it will always show at POE and CBP will always make a big deal of it .

3. Although very rare if you talk to CBP or make that trip to the airport with your baby, they will allow you see him.

goodluck

Thanks for you input, i live in Missouri and he got stucked in atlanta it is impossible to get a flight and it was already 9pm and he left USA about 9 am to go back to Jamaica. I will give it six months and I will apply for the spousal visa for him since it will be impossible to file him B1/B2. 

[Sparkle Sparkle 914]

Just now, Diana2020 said:

 

Thanks for you input, i live in Missouri and he got stucked in atlanta it is impossible to get a flight and it was already 9pm and he left USA about 9 am to go back to Jamaica. I will give it six months and I will apply for the spousal visa for him since it will be impossible to file him B1/B2. 

my point is why wait 6 months?...what exactly stops you from getting the documents together today?....bear in mind that nobody foresaw the state of our immigration system as at January this year...everything changed suddenly as time changes yesterday....file now

[SusieQQQ 11,587]

6 minutes ago, Diana2020 said:

 

Thanks for you input, i live in Missouri and he got stucked in atlanta it is impossible to get a flight and it was already 9pm and he left USA about 9 am to go back to Jamaica. I will give it six months and I will apply for the spousal visa for him since it will be impossible to file him B1/B2. 

Why 6 months?