Advice PLEASE

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Old Feb 17th 2003, 11:48 am
  #1  
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My partner b4 we met had been refused entry in to the USA and was sent back home on the next flight.

please bare with me and i will explain.

He met a girl in the USA in 2001 whilst there for 2 weeks, he returned home, then 3 weeks later returned to the USA for 90 days he returned home on the 17th sept 2001.

The girl he had met had become pregnant with his child and they planned too marry

During the pregnacy she developed complications so he hurrily booked a flight to return ( 6 weeks after last returning home ) on arrival he was refused entry as he had spent more than 90 days in the yr in the USA.

His son was born march last year and he has never seen his son and the relationship with the mother has been over for approx 6 months as she met someone else, she has refused any help to get a visa to allow his access to see his son.

My partner now wishes to book a flight to USA to see his son, if he just flies out there fills in the green card that he has been refused once and explains he didnt know the 90 day rule etc will he be allowed in to the USA..or is there any chance he will be refused entry again.

Can anyone help please.
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Old Feb 17th 2003, 3:09 pm
  #2  
Stuart Brook
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sweetuk wrote:
    >
    > My partner b4 we met had been refused entry in to the USA and was sent
    > back home on the next flight.
    >
    > please bare with me and i will explain.
    >
    > He met a girl in the USA in 2001 whilst there for 2 weeks, he returned
    > home, then 3 weeks later returned to the USA for 90 days he returned
    > home on the 17th sept 2001.
    >
    > The girl he had met had become pregnant with his child and they
    > planned too marry
    >
    > During the pregnacy she developed complications so he hurrily booked a
    > flight to return ( 6 weeks after last returning home ) on arrival he was
    > refused entry as he had spent more than 90 days in the yr in the USA.

OK ... He wasn't refused for staying more than 90 days, officially, he
will have been refused entry for insufficient documentation to show his
immigrant status. (The US immigration law assumes you're an immigrant
unless you prove otherwise.) What this means is that they believed that
the purpose of his visit was to stay in the US with his g/f and child
(assuming he used that as the reason for his visit). It is compounded
by the fact that it was little over a month since his last visit. He
probably also had no evidence that he would be returning to the UK on
completion of this visit. This will be recorded in the computers.

    > His son was born march last year and he has never seen his son and the
    > relationship with the mother has been over for approx 6 months as she
    > met someone else, she has refused any help to get a visa to allow his
    > access to see his son.

There's nothing really that she can do to help him. The INS are looking
for reasons he will not attempt to remain. Anything she can do will
only serve to give them reason to believe he would remain!

I hate to ask this, but given all this aggro, is he absolutely sure this
IS his child ? And, is he absolutely sure that she will permit him to
see this child ? Given that she made no attempts to help him, I'd be
very suspicious.

    > My partner now wishes to book a flight to USA to see his son, if he just
    > flies out there fills in the green card that he has been refused once
    > and explains he didnt know the 90 day rule etc will he be allowed in to
    > the USA..or is there any chance he will be refused entry again.

As I read the rules, if he's been refused entry, he cannot use the VWP
again. He must obtain a visa from the US Embassy. There is no 90 day
rule as explained above - that's just a way the INS officer used to say
that he thinks he is an intended immigrant. There's a very high chance
he would be refused again if the reason for his visit is to see his
child unless he can provide tons of proof that he will be returning to
the UK. The needed proof will include a)proof that he's expected back
at work, b)a lease or deed to his home, c) other similar documentary
evidence of ties to the UK.

Stuart
 
Old Feb 17th 2003, 4:30 pm
  #3  
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Hi Stuart and thank you for the quick reply.

Things dont look too good then.

He has no visa from the embassy and he has no documentation such as house deeds.

The child is his but unfortunately he isnt named on the birth certificate as he wasnt able to be there.

Basically he has flown out today and is on the flight right now and im very worried and concerned that he is going to be refused in again.

Its been 17 months since he was refused, he is saying his purpose of his visit is for vacation and isnt going to mention wanting to see his son.

If he is refused again will he recieve a ban?

And though now it doesnt seem possible is there a small chance he will still get in without the required visa?
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Old Feb 17th 2003, 7:17 pm
  #4  
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sweetuk wrote:
    >
    > Hi Stuart and thank you for the quick reply.
    >
    > Things dont look too good then.

Let's put it this way ... If he's caught, things don't look at all
good. If he's not, he'll be OK this time.

    > He has no visa from the embassy and he has no documentation such as
    > house deeds.

17 months is a good gap.

    > The child is his but unfortunately he isnt named on the birth
    > certificate as he wasnt able to be there.

Doesn't have to have been there ... mother should have stated who the
father was.

    > Basically he has flown out today and is on the flight right now and im
    > very worried and concerned that he is going to be refused in again.
    >
    > Its been 17 months since he was refused, he is saying his purpose of his
    > visit is for vacation and isnt going to mention wanting to see his son.

Well it now depends on whether his previous refusal remains in the INS
computer. If it does, vacation could also be risky because he could
face a "were you lying before or are you lying now?" question.

    > If he is refused again will he recieve a ban?

Quite probably ... and it's likely to be a lifetime ban if they
determine that he was previously turned back. Otherwise he could be
refused entry again on the same basis as before ... can't prove he'll
leave.

    > And though now it doesnt seem possible is there a small chance he will
    > still get in without the required visa?

It's possible. The INS is very hit and miss in things recorded in its
databases. If his name is John Smith, he'd probably stand a better
chance than Zebediah Sidebotham!

Horrible situation for him to be in ... And if he gets admitted, I hope
his ex doesn't ruin it all for him by refusing him access!

(If he is admitted, he's still got potential problems even later due to
the INS hit and miss)

Stuart
 
Old Feb 17th 2003, 8:38 pm
  #5  
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"Stuart Brook" wrote in
message news:[email protected]...
    > sweetuk wrote:
    > Well it now depends on whether his previous refusal remains in the INS
    > computer. If it does, vacation could also be risky because he could
    > face a "were you lying before or are you lying now?" question.

Is it possible to know what's in INS computer using form G-639, Freedom of
Information Act/Privacy Act Request ???
http://www.ins.gov/graphics/formsfee/forms/g-639.htm
 
Old Feb 17th 2003, 9:15 pm
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Thank you again for the quick reply to me.

Well he landed an hour and 40 minutes ago and i havent heard a thing, getting extremely anxious and worried now that he hasnt made it through.

Thank you for your help and i will post as soon as i know anything.
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Old Feb 17th 2003, 10:43 pm
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worry over - he made it through

lotta questions etc but he was allowed through. :-)

Im so relieved , now i can go to sleep
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Old Apr 2nd 2003, 2:00 am
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ok im sweets partner so im posting on her thread to let you know of the situation and to ask your advice for the future...

to start this post i have to go to the begining to so all that reads this understand what has happend and know what i have tried to do ect...

ok i ment a us girl through the pc and we talked for about a year after this time we got together and i flew out to st louis to meet her for the first time we talked got on well and felt that we had a future together ...

i then flew back to uk after the 2 weeks and like ppl do couldnt get my mind on nothing else ...

flew back to usa 6 weeks later and sayed for 90 days in that time a child was concived that is mine i want to say now there is no doubts about this ...

she had a very hard time with pregnancy and was rushed into hostpital the shock came whe i got a phone call to say that allthough her mum could take comand for her daughter she couldnt do the same for our baby what i mean is the hospital wanted to pump my girlfriend full of drugs to comabat the broncal neumonia that she had but thease drugs were know to have a bad effect on the baby she was carrying and as at this time she was uncounshious she couldnt make the choice for her self ...

now put yourselves in my place what would you do if this was you i did what any guy would do i asked the usa embassy if i could travel and explained to them the situation the answer came back that there was no problem with me traveling in light of the situation ...

so i left my job as i had just had 90 days off and flew back to usa ..

now in light of what the usa emabassy had said when i got to st louis thay didnt belive me and more than that didnt think that my reasons for travel was genuine so i was detained and the airport straight away..

now while i was there my future mother and father in law was waiting for me at the arrivals gate to take me to the hospital to sort the forms i needed to sign in light of what had happened to my partner ...

but the ins department refused to let me and more over refused to let the ppl waiting for me know that thay wasnt letting me in so i sat in a cell for 4 hurs untill i was sent home all the time being told that ..

A i hadnt broke no laws and B i was able to apply for a proper visa as soon as i got home ..

now for someone that had done no wrong and as is stated in the forms that thay gave me to return to the uk with that im not a crimanl why does it take 2 armed police officers to hand cuff me and put me on the plane the only reason i got the cuffs off was when the police put my seat belt on how can this be right ...

also in doing this my partners family ware walking round st louis airport for 7 hurs cos no one told them of my situation ..

after returning home to the uk i then went and got a lawer to help with the fiance visa it cost me nearly 3000 dollers and after a year of not getting no ware i was annoyed as im sure you can imagin ...

in this time my son was born thank god happy and well on march the 6th 2001 but now the problems start ...

after being refused entry to the usa me and my partner after a year of no progress on the fiance visa went our seprate ways this was hard enough for me to deal with but now i had a son that is my first and only child too to sort out ...

as i was told by the ins that i was as of now not allowed to use the iw94 visa to get into the states and that should i use or try to use it it would mean that i wouldnt be refused entry i would be deported in this case im told that no visa would be granted ...

so i took a big risk and went to see my son for the first time on his first birtheday and im told that im lucky to have got that ..

now my question is how can a normal guy that has no record of crime no stds and no aids ect get in to the usa to make a life with his son there has to be a way and im hopeing that someone out there can give me some advice to this
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Old Apr 2nd 2003, 2:47 am
  #9  
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Do you just want to be able to visit your son on a regular basis or to emmigrate to the US with your current gf ?
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Old Apr 2nd 2003, 1:15 pm
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i would want to at first be able to make a regular visits to see him as for moveing out there for good that may come in time but for now i just need a way that i can go to the usa to visit my son and not have the fear that i will be thrown out for good my son is what is most important to me and as such i cant stand the thought of not seeing him for another year of his life
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Old Apr 3rd 2003, 1:08 pm
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can anybody help on this plz
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Old Apr 3rd 2003, 6:25 pm
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Sounds as if you need a family law solution rather than an immigration law one. If you had a court order giving you the right to physical contact to your son it might explain why you were making regular trips. At the sametime I imagine you'd need to show ties to your home country but if they unreasonably deny you entry to the US then surely they are obstructing a provision specified within a court order ? They can probably get away with this even though the rest of us would be locked up for it......as they are a Federal agency and would doubtless argue that Federal Law takes precedence over State Law.
The other thing to remember is that the District court where your child lives will have jurisdiction over the matter, so that is where you would have to bring the case. If your ex contests your petition you'd have to appear there and you'd need a family law attorney there to handle matters for you in any case. The court doesn't care what you or your ex wants but what is deemed to be in the best interests of the child. If they agree that it is in his best interests to have contact with you then, as a US Citizen to obstruct this unreasonably would be a violation of his rights.
There was case in Australia recently were a child's parents were required to leave Australia in order to apply for visas after being illegally present for 15 years, their 13 year old child was an Australian Citizen. The case went to the UN and the UN overruled the Australian court as they considered it to be, in fact due to the difficult circumstances involved, a violation of the child's rights.
A different situation to yours but this is part of why you need an attorney to check the case law for this and to advise you.

Good luck, it may not be easy but I'm sure it will be worth it

Last edited by lairdside; Apr 3rd 2003 at 6:28 pm.
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Old Apr 3rd 2003, 7:42 pm
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thanks for the advice so far i should add that me and my ex partner have the same opioin that our son needs to have contact with his dad now she has stated that she will never not allow me to see him or have contact with him but the only condishion to this is that it is done on usa soil so the problem is solely with the ins dept who say and i quote that the fact you have a child is not a reasable reason to travel to the states this is why i was refused last time and why im afraid to travel back and forth its not that i intend to stay beyond my visa time or do anything that would harm my chances of returning its just to be able to spend some time with our son as he grows up also i have looked into a lawer for getting a court order but have been told that to do this from the uk would be a waste of time and money as uk laws that are past dont not hold no weight in the usa it has to be a lawer from there if this is the road i must travel i will but i to be honest i need to meet with them face to face to sort any problems out so it all comes back to traveling into the usa i could be wrong on this but the ppl here are my last chance that i have to get to know my son so plz keep the advice comming
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Old Apr 3rd 2003, 8:10 pm
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Originally posted by sharp
thanks for the advice so far i should add that me and my ex partner have the same opioin that our son needs to have contact with his dad now she has stated that she will never not allow me to see him or have contact with him but the only condishion to this is that it is done on usa soil so the problem is solely with the ins dept who say and i quote that the fact you have a child is not a reasable reason to travel to the states this is why i was refused last time and why im afraid to travel back and forth its not that i intend to stay beyond my visa time or do anything that would harm my chances of returning its just to be able to spend some time with our son as he grows up also i have looked into a lawer for getting a court order but have been told that to do this from the uk would be a waste of time and money as uk laws that are past dont not hold no weight in the usa it has to be a lawer from there if this is the road i must travel i will but i to be honest i need to meet with them face to face to sort any problems out so it all comes back to traveling into the usa i could be wrong on this but the ppl here are my last chance that i have to get to know my son so plz keep the advice comming
Contact these guys - at the very least they may be able to advise you.

http://www.childabduction.com/

[email protected]

I know that your problem isn't with your ex - but rather with the immigration officials but perhaps they have dealt with similar cases in the past ?
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Old Apr 3rd 2003, 8:14 pm
  #15  
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Originally posted by sharp
thanks for the advice so far i should add that me and my ex partner have the same opioin that our son needs to have contact with his dad now she has stated that she will never not allow me to see him or have contact with him but the only condishion to this is that it is done on usa soil so the problem is solely with the ins dept who say and i quote that the fact you have a child is not a reasable reason to travel to the states this is why i was refused last time and why im afraid to travel back and forth its not that i intend to stay beyond my visa time or do anything that would harm my chances of returning its just to be able to spend some time with our son as he grows up also i have looked into a lawer for getting a court order but have been told that to do this from the uk would be a waste of time and money as uk laws that are past dont not hold no weight in the usa it has to be a lawer from there if this is the road i must travel i will but i to be honest i need to meet with them face to face to sort any problems out so it all comes back to traveling into the usa i could be wrong on this but the ppl here are my last chance that i have to get to know my son so plz keep the advice comming
Btw a valid decree from a UK court re child custody (although in the UK it isn't called this anymore) DOES hold weight in the US as both countries are parties to the Hague Convention. The problem is that of jurisdiction, a UK court does not have jurisdiction in this matter as the child is not resident within it's jurisdiction.
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