IR1 Visa Denied at POE

[millefleur 5,046]

1 hour ago, Mike E said:

I don’t understand the reasoning behind leaving the USA when deferred inspection hasn’t been tried.  It costs money and it has risks.  Only USA citrus and USA LPRs are legally guaranteed admission to the USA.  

It seems OP posted on his profile that he tried this already and was told by deferred inspection that they're not allowed to "second guess" another officer, so there's nothing they could do. If you go to his profile, you'll see a lengthy post about it.

[Mike E 11,739]

1 minute ago, millefleur said:

It seems OP posted on his profile that he tried this already and was told by deferred inspection that they're not allowed to "second guess" another officer, so there's nothing they could do. If you go to his profile, you'll see a lengthy post about it.

Thanks.  Not sure why I would have thought to look there for an update but ok.  

[Boiler 45,442]

7 minutes ago, millefleur said:

It seems OP posted on his profile that he tried this already and was told by deferred inspection that they're not allowed to "second guess" another officer, so there's nothing they could do. If you go to his profile, you'll see a lengthy post about it.

I had not seen that, I wondered if that would be the case, but decided it was outside of my comfort area,

 

To me it makes sense. Well in the context if this was possible why would people need to flagpole?

 

[Mike E 11,739]

2 minutes ago, Boiler said:

I had not seen that, I wondered if that would be the case, but decided it was outside of my comfort area,

 

To me it makes sense. Well in the context if this was possible why would people need to flagpole?

 

If a CBP officer at deferred inspection cannot second guess a CBP officer at a POE why would a CBP officer at another POE be permitted to second guess?

 

If one is going to DIY this then one should get what the CBP officer demanded and go through the original POE. POE shopping from Canada often ends in tears.   

[Boiler 45,442]

2 minutes ago, Mike E said:

If a CBP officer at deferred inspection cannot second guess a CBP officer at a POE why would a CBP officer at another POE be permitted to second guess?

 

If one is going to DIY this then one should get what the CBP officer demanded and go through the original POE. POE shopping from Canada often ends in tears.   

She was admitted as a B2 with seemingly very limited duration.

 

So she has to leave.

 

She still has a valid IR visa.

 

PoE shopping? Makes much more sense in my mind to use a major Airport where they would hopefully be better trained.

 

I am not sure I understand the concept of PoE shopping, it is all in the system no matter where you enter or who you see. I can imagine a confused officer wondering what was going on previously. 

[Timona 4,207]

3 minutes ago, Boiler said:

She was admitted as a B2 with seemingly very limited duration.

 

So she has to leave.

 

She still has a valid IR visa.

 

PoE shopping? Makes much more sense in my mind to use a major Airport where they would hopefully be better trained.

 

I am not sure I understand the concept of PoE shopping, it is all in the system no matter where you enter or who you see. I can imagine a confused officer wondering what was going on previously. 

 

I had advocated for a round trip earlier on. Just fly to nearest airport in Canada, fly back to US. 

I like taking easy way out. This shouldn't take more than 6hours. 

[millefleur 5,046]

7 minutes ago, Boiler said:

PoE shopping? Makes much more sense in my mind to use a major Airport where they would hopefully be better trained.

My thoughts exactly. Enter somewhere where they see immigrant visas regularly and a major international airport seems like the best bet.

[Mike E 11,739]

27 minutes ago, Boiler said:

I am not sure I understand the concept of PoE shopping,

It’s a Canadian thing, so you might not.  
 

Quote

 

it is all in the system no matter where you enter or who you see. 

Exactly.  It is in the system. And CBP officers get annoyed when Canadians try  a different port expecting a different result.  
 

Usually this is in the context of trying to obtain a TN status (as Canadians are visa exempt this happens at a POE versus a consulate).  It also happens when Canadians with determined immigration intent are denied at one border checkpoint, and several hours or days later try a different checkpoint.  They can be warned to stop doing that. OTOH it is known that CBP officers in have enmity for others, such as the TN specialists at Buffalo land POE  regarding their colleagues at YYZ with disdain.  
 

Granted OP’s is a unique situation. 
 

I’d get the letter of termination from the previous employer and use the same POE but then again I wouldn’t be DIYing this.  

 

Edited February 17, 2022 by Mike E

[Boiler 45,442]

I do not see what a Lawyer can add. We all know this is screwed up. She has a valid visa and the reasons given make no sense. Not as if the Lawyer is going to be there at the PoE.

 

PoE shopping with an immigrant visa strikes me as being a non issue.

[SteveInBostonI130 3,432]

Thanks @millefleur.  From your post I checked the OP's profile and read his note.

 

After reading it, it make a bit of sense.  The officer at the deferred inspection site stated this was not a clerical error that he could correct.  Like being stamped with CR1 when it should have been IR1, for example.  Because in the system the OP's wife has a I-94 as a visitor, I assume deferred inspection could not override that as IR1 entry.  It seems the easiest way to correct it is to clear the current I-94 record by leaving the US, and then enter again as a fresh inspection. 

 

@1800X, in order to avoid a possible repeat of this situation, I think your wife needs to state clearly when talking to CBP that her purpose is to immigrate to the US.  I am not sure what she said at the Thousand Island POE, or what the CBP people there thought, but it seems something got misinterpreted and they thought she wanted to maintain two residences - US and Canada.  When entering on the IR1 the intent should clearly be for immigration.

[Mike E 11,739]

16 minutes ago, Boiler said:

I do not see what a Lawyer can add. We all know this is screwed up. She has a valid visa and the reasons given make no sense. Not as if the Lawyer is going to be there at the PoE.

 

PoE shopping with an immigrant visa strikes me as being a non issue.

As I wrote in an earlier comment, a lawyer can file suit: WoM / APA and get an emergency injunction to force CBP to extend the I-94 pending trial.  CBP is then likely to fold as this is going to cost CBP more than it is worth.  
 

Alternatively, possibly there is more here than meets the eye and a lawyer will ferret it out and give the visa holder specific advice based on full information 

 

POE shopping with an IV should be a non issue until it isn’t. 

Edited February 17, 2022 by Mike E

[Boiler 45,442]

That seems a throw of the dice and expensive, the quickest and cheapest option seems to flagpole.

 

She was offered to be admitted under B status and took it. 

 

There is always the chance that there is something we have not been told, all I know is what was said to Hacking and on here line up.

 

Personally I would much rather be at a major airport talking to somebody who does these every day.

[Mike E 11,739]

And getting a letter of termination form and ex-employer and ex-landlord is expensive?
 

over and out.  

[Boiler 45,442]

It is not relevant

 

Pretty sure she owns her house

[crespo 30]

I just want to add that this story is all over the place and it's not believable. 

First off she would have gotten a letter stating the reason  she was denied entry into the United  states as an immigrant. Second of all if she doesn't qualify as an immigrant to enter the United States and they revoked her visa to enter im pretty sure they would have blocked her from visiting the United States as a visitor when it's very clear that she wanted to immigrate to the United States.