IR1 Visa Denied at POE

[Villanelle 4,122]

1 minute ago, 1800X said:

Hi and again Thank You for your QSandA's  .   We are fortunate in that we found each other many years ago  but not so long ago as to have started our lives together , just want to finish them together  . If I misled anyone into we owned our current homes I apologize, we do not. Currently we have been long long term renters and use our excess income to invest for our retirement as well as for the purchase of "our home" when she does arrive as a LPR.  We are not destitute by any means but we are not loaded that's for sure. What is a defered inspetion site if I may ask ?

 

Defered inspection sites are typically located in/near airports. They handle things like passports stamped wrong.  I think they are your best bet to start with. 

 

 

https://www.cbp.gov/contact/ports/deferred-inspection-sites

[1800X 16]

2 minutes ago, Villanelle said:

Defered inspection sites are typically located in/near airports. They handle things like passports stamped wrong.  I think they are your best bet to start with. 

 

 

https://www.cbp.gov/contact/ports/deferred-inspection-sites

Thank You !!  We will contact the one in Atlanta this week . Thank You !

 

[MXcompadre 75]

This' the Atlanta CBP Deferred Inspection Site information/telephone contact# = https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

[Timona 4,207]

Or just fly out,  fly back in, especially if it'll take you less time than you will spend at deferred inspection eg if you are up north, just make a 2 hour round trip. 

I am just thinking here. @1800X

[Mike E 11,739]

22 minutes ago, Timona said:

Or just fly out,  fly back in, especially if it'll take you less time than you will spend at deferred inspection eg if you are up north, just make a 2 hour round trip. 

I am just thinking here. @1800X

She is allegedly flagged and if so risks cancellation of her IR1.  Deferred inspection is the proper course of action.  Failing that seek a competent immigration attorney.  Most likely there is a combined writ of mandamus / Administrative Procedures Act law suit here.  

Edited February 16, 2022 by Mike E

[Sm1smom 250]

Yes OP. Seconding what a couple of other responses already stated. You and your wife should visit your nearest CBP deferred inspection site and just tell them your wife was wrongly admitted as a visitor while she already has a valid IR-1 visa she wished to enter with. 

[SalishSea 17,801]

2 hours ago, Crazy Cat said:

@Boiler @Jorgedig Have you heard of this???

Never.

 

Wonder if the petitioner's domicile was questionable?

[SalishSea 17,801]

2 hours ago, Boiler said:

I wonder how the conversation went, seems they think she does not want to immigrate for some reason.

Same.  My guess is that there was something said that led to a misunderstanding.

[Chocobo 196]

I wonder if this has anything to do with the current state of unrest in Canada.... 

[Allaboutwaiting 2,503]

Agreed with the members that advise going to a deferred inspection point to fix the issue. 

Also, you can report the agent(s) using the online form here: https://help.cbp.gov/s/complaints?language=en_US

 

And, just throwing this in case it works for you both at some point: once she has her GC she could switch to a commuter LPR status which would allow her to live in Canada and work/stay in the US.

Edited February 16, 2022 by Allaboutwaiting

[SalishSea 17,801]

1 hour ago, Chocobo said:

I wonder if this has anything to do with the current state of unrest in Canada.... 

I doubt it.   That is a domestic issue.

[Kai G. Llewellyn 832]

This is very odd indeed. There is absolutely no requirement as far as I'm aware to give up all Canadian ties when entering on an immigrant visa. Just for family based visas is that the petitioner needs to be in the US first.

 

Regarding revocation of the visa, there are exceptionally limited causes that can permit the cancellation of the visa. Basically it'd come down to either a revocation of the underlying petition or that the visa shouldn't have been issued in the first place (i.e. a discovered inadmissibility that didn't come up at the Consulate). The FAM very clearly spells out that cancellation of an IV is a rare event where only certain circumstances permit it.

 

https://fam.state.gov/fam/09FAM/09FAM050412.html

 

Not giving up foriegn ties is covered in the FAM, so CBP did not process her correctly. Additionally LPRs are allowed to have foreign employment and a foreign secondary residence. The only requirement to maintain a GC is to have your primary domicile in the US and to maintain a fixed intention to return to the US at departure and during your time outside. Generally you need to spend more time in than out, but this also depends on the circumstances regarding your departure (i.e. if you're having to travel extensively for work).

 

I still have a second home up in Canada and work for my Canadian employer from the US, and I still have my Canadian PR status, but my primary home, and most of my time is spent in the US with my husband. I've not had any issues, nor were there questions at the PoE when I entered with my IV.

 

My guess is that CBP messed up big time. I agree with others, go to deferred inspection and get this cleared up. You may also want to FOI CBP to see what they entered into her file during the inspection, it might provide some insight into what the hell they were doing.

Edited February 16, 2022 by Kai G. Llewellyn

[Boiler 45,443]

Angela did not say anything odd seems just came across a couple of weird guys.

 

Suggested she just pop back and fly in, her B2 is only good to the 19th.

[Mike E 11,739]

Given that we now have a confirmed report of CBP denying entry via IR-1, it would be a bad idea for any immigration visa holder to resign a position and/or  terminate ownership or  lease hold of a dwelling before attempting to use an immigration visa.  A catch-22.  
 

The illogic of these CBP officers knows no bounds.  

[Letspaintcookies 2,310]

8 minutes ago, Mike E said:

Given that we now have a confirmed report of CBP denying entry via IR-1, it would be a bad idea for any immigration visa holder to resign a position and/or  terminate ownership or  lease hold of a dwelling before attempting to use an immigration visa.  A catch-22.  
 

The illogic of these CBP officers knows no bounds.  

It's one case we heard of. No need to blow it out of proportion saying that's the new norm.