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How NOT to do things !!!

How NOT to do things !!!

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Old Aug 21st 2003, 12:30 am
  #1  
Sean Hedges
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Default How NOT to do things !!!

Immigration woes help keep newlyweds apart
After events fueled by mistakes and blind trust, wife is in Canada and can't
enter U.S. for 5 years


by MARY NEVANS PEDERSON


Terry and Jacqueline Herber were happy newlyweds for three months, but the
past eight weeks have been a nightmare.

Terry is American, Jacqueline is Canadian. He lives in Dubuque, newly
out-of-work and homeless. She pines away in Canada, unable to re-enter the
United States and join her husband. A mountain of bureaucratic red tape
separates the two.

Terry Herber, 37, met Jacqueline Semeniuk, 30, on an Internet game site 18
months ago. Their messaging progressed to phone calls as the two sensed a
deep compatibility.

In March, Herber drove to Calgary to meet Semeniuk. Both were smitten. She
agreed to come to Dubuque on a visitor's visa to meet Herber's family and
check out his hometown.

Two weeks later, it was obvious they wanted to spend the rest of their lives
together, starting in Dubuque. They were married at Herber's best friend's
house and rented an apartment on Rhomberg Avenue.

"It was the happiest I've ever been," Herber said.

What followed is a tangle of miscommunication, blind trust, mistakes and bad
judgment.

Herber helped his wife fill out stacks of immigration forms, including a
work visa application. They didn't realize their personal checks, for nearly
$800 in application fees, would not be accepted by immigration officials and
couldn't predict that their unregistered packet of completed forms would
later be lost in the mail.

The couple's next unwitting mistake was to follow the advice of an airline
company. Jacqueline flew home to Calgary to sell her house and put her
affairs in order before moving permanently to Dubuque. As per advice from
the airlines, she brought identification and her marriage certificate to get
back into the United States.

"I figured the airlines do this every day and they know what they are
talking about," Herber said.

But his wife was not allowed to get on her flight home because she didn't
have an I-131 Application for Travel Document.

"She panicked and called me. I freaked out and called the immigration office
and asked why we didn't know about this. They said I should have known to
ask," said Herber, who was waiting at Chicago's O'Hare Airport for his wife.

Had the couple read a recent immigration warning advisory, they would have
learned that aliens who leave the U.S. without an I-131, "may be unable to
return to the U.S., their applications may be denied, or both."

In March, the Immigration and Naturalization Service was folded into the
Department of Homeland Security as the Bureau of Citizenship and Immigration
Services.

Herber had scheduled several days off work from his job, so he decided to
drive to Calgary to help straighten out the situation. After hitting legal
roadblocks at every turn, Herber spoke to a woman at the American consulate
office in Calgary.

When he broke down in frustration on the phone, the woman devised a plan:
Jacqueline should try to enter America as a visitor, using her maiden name,
and to re-file her immigration application once she arrived in Dubuque.

But the U.S. Border Patrol in Sweetwater, Mont., short-circuited the plan,
removing Jacqueline from a bus, questioning her for five hours, slapping her
with a five-year ban from entering the U.S. and sending her out the door to
walk back into Canada.

Herber stayed with his wife for two weeks while they called immigration
offices, embassies and federal lawmakers.

"The consulate pointed to immigration and the border patrol and they pointed
back,"' Herber said. "We couldn't get straight answers. But we found out the
border patrol has the last word. They are incredibly powerful and it seems
to be completely arbitrary, who you get when you cross and what mood they
are in that day," Herber said.

U.S. Sen. Tom Harkin, D-Iowa, and Rep. Jim Nussle, R-Iowa, both tried to
help, but were told the border patrol would not change its decision.

When Herber returned to Dubuque on July 28, he found he had been fired from
his job and now has a cell phone bill of more than $800 for international
calls. He returned this month to visit Jacqueline in Calgary with two of his
three children from a previous marriage.

"We got to spend a little time together, like a normal life," he said.

This week, Herber is cleaning out their Dubuque apartment and plans to live
with family and friends until he can return to Canada and his wife.

"I have a huge financial mess to work out here," Herber said.

Frustrated by the whole ordeal, the couple will apply for a waiver of her
visitor ban in hopes she can finally come to Dubuque to live. Herber plans
to work closely with immigration officials to make sure all the necessary
paperwork is filled out properly.

"I fully admit we made mistakes, but they were honest ones, because we were
new to all this," Herber said.


Copyright 2003 Associated Press



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Old Aug 21st 2003, 1:10 am
  #2  
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Call me jaded but I don't buy into their story. They met on the net? So did we.................the first thing we did when we decided to get married was to start researching things on the WWW. Our answers to this ordeal have been found here. One of the first lessons learned was not to necessarily rely on something someone from the BCIS told you. You could get 3 different answers from 3 different people..............the same thing goes for the WWW. You have to research, research and research some more.

Also, why wouldn't the BCIS accept personal checks? They accepted ours and everyone elses readily enough.

Lost forms? Hah, I have seen mention of those a time or two on this NG.

Why in the world would someone take the advice of an Airlines employee regarding something pertaining to immigration?

She tried to sneak back into the US. Why didn't she just reapply for an I-130 at this point and resolve herself to a temporary separation until it went through? I am sure the Consulate or someone they consulted had to mention the LEGAL way to do it.

If it's proven a Consulate Official told her to re-enter the US in the manner she did, then fire the idiot.

It sounds like the husband lost his job because he didn't show up for work. He may be able to pursue action regarding terms under the Family Leave Act, but I am not an expert in that area. I wonder if he even bothered to call in?

And an $800 phone bill? Has he not even looked into an International calling plan?

Finally, ignorance of the law is not a defense.

That's all.................I think I am cranky tonight because we are still waiting on an AP to travel..............See we knew to apply for one to re-enter the country and we haven't finalized travel plans until we get it.

Cheers,

Leslie
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Old Aug 21st 2003, 2:32 am
  #3  
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Default Re: How NOT to do things !!!

Originally posted by Sean Hedges
The couple's next unwitting mistake was to follow the advice of an airline
company.
Yes, big mistake. Immigration is serious stuff, and instead of calling an attorney for a consultation he went to an amateur. The airlines are not someone’s immigration attorney. He got what he paid for, an airline ticket.

Originally posted by Sean Hedges
But his wife was not allowed to get on her flight home because she didn't
have an I-131 Application for Travel Document.

"She panicked and called me. I freaked out and called the immigration office
and asked why we didn't know about this. They said I should have known to
ask," said Herber, who was waiting at Chicago's O'Hare Airport for his wife.

Had the couple read a recent immigration warning advisory, they would have
learned that aliens who leave the U.S. without an I-131, "may be unable to
return to the U.S., their applications may be denied, or both."
The use of advanced parole to prevent the abandonment of AOS and to allow reentry is hardly something new. And again instead of getting a simple consultation from an attorney who practices immigration law, he calls BCIS. Not smart. They are not his legal advisor any more than the airlines were.

Originally posted by Sean Hedges
In March, the Immigration and Naturalization Service was folded into the
Department of Homeland Security as the Bureau of Citizenship and Immigration
Services.
Irrelevant. AP is the same under DHS as it was under INS.

Originally posted by Sean Hedges
Herber spoke to a woman at the American consulate
office in Calgary.
Again he turns to someone who is not responsible for being his legal advisor, for legal advice. The Consul is no more his attorney than the BCIS or the airlines were.

Originally posted by Sean Hedges
When he broke down in frustration on the phone, the woman devised a plan:
Jacqueline should try to enter America as a visitor, using her maiden name,
and to re-file her immigration application once she arrived in Dubuque.

But the U.S. Border Patrol in Sweetwater, Mont., short-circuited the plan,
removing Jacqueline from a bus, questioning her for five hours, slapping her
with a five-year ban from entering the U.S. and sending her out the door to
walk back into Canada.
Obviously bad legal advice. Had he simply picked up the phone and called an AILA member, he would have found out that the Consulate does not have any authority to “pre-clear� someone’s entry into the U.S. He could have learned about the BCBP cowboy at the border, about the possible consequences his wife could face for pursuing such a risky plan, and would have likely been presented with other options that would have achieved what they wanted to do.

Originally posted by Sean Hedges
Herber stayed with his wife for two weeks while they called immigration
offices, embassies and federal lawmakers.

"The consulate pointed to immigration and the border patrol and they pointed
back,"' Herber said. "We couldn't get straight answers. But we found out the
border patrol has the last word. They are incredibly powerful and it seems
to be completely arbitrary, who you get when you cross and what mood they
are in that day," Herber said.
He calls BCIS again, embassies and federal lawmakers, all who are not his legal advisor. The unbridled power exercised by the officers at the POE is again, nothing new and Paul and I had many discussions about that fact years ago on this very group.

Originally posted by Sean Hedges
Frustrated by the whole ordeal, the couple will apply for a waiver of her
visitor ban in hopes she can finally come to Dubuque to live. Herber plans
to work closely with immigration officials to make sure all the necessary
paperwork is filled out properly.
So he is going to continue making the same mistake that lead him to their current dilemma. BCIS is not there to act as his attorney and help him put together a well documented waiver. The government agency is there to pass judgment on the waver they submit, which might end up being denied.

Originally posted by Sean Hedges
"I fully admit we made mistakes, but they were honest ones, because we were
new to all this," Herber said.
All of this could have been avoided with a simple phone call to a qualified attorney at the outset. Perhaps he felt he could not afford an attorney, however a $75.00 consultation could have prevented all of these problems.

It wasn’t too long ago that it was in vogue on this group to encourage others to try to immigrate to the U.S. with a nonimmigrant option. I used to take a lot of heat back then when I pointed out that what they were doing is advising someone to break the law, and that not enough attention was being paid in their posts (IMHO) to the potential devastating consequences that can be faced at the POE for this sort of thing.

This is the type of article that will make those not familiar with the immigration process think what a mean spirited bureaucracy the BCIS is, when in fact the BCIS and BCBP were simply following the law and doing what Congress told them to do. What I take from this is if you go to an amateur for your legal advice (including an attorney who has no experience with immigration cases and does not have the time to put in the homework to do the job properly), you do so at your own risk.

Last edited by Matthew Udall; Aug 21st 2003 at 3:07 am.
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Old Aug 21st 2003, 4:21 am
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I feel for these people. Not knowing anything about the "system" can get you into trouble. In our case, we did call an immigration lawyer. His advice was for my spouse to lie at the POE and say he was not married and he was just here for a visit! My husband was away working out of the country for 4 months. By the time my husband returned home he was so happy that he told the people he was comming home to be with his pregnant wife. (oh yeah sent back to Norway on the next flight) Since he was gone working so long(4 months) We had pleanty of time to file a K-3 and have everything done and ready when he tried to enter in May. All the lawyer could talk about was the fact he left the country(usa) with out a travel permit. This is all mute now because my husband will be home soon. The thing is , when you have never had to deal with this kind of situation you will trust any one who sound like they know what they are talking about. If any one asks me what to do I will point them to this NG. I have gotten soooo much information here. If I only knew then what I know now....
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Old Aug 21st 2003, 11:14 am
  #5  
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Default Re: How NOT to do things !!!

Originally posted by Matthew Udall
....
They are not his legal advisor any more than the airlines were.
...
Again he turns to someone who is not responsible for being his legal advisor, for legal advice.
...
In all your 'legal advice' comments, it seemed to me the person was not looking legal advice per se, but just advice. If I phone up the BCIS asking advice, I don't consider it legal advice. If I phone up a lawyer, I would consider that legal advice...

My $0.02 worth.
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Old Aug 21st 2003, 11:40 am
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Default Re: How NOT to do things !!!

Originally posted by ukemigrant
In all your 'legal advice' comments, it seemed to me the person was not looking legal advice per se, but just advice. If I phone up the BCIS asking advice, I don't consider it legal advice. If I phone up a lawyer, I would consider that legal advice...

My $0.02 worth.

Also when you are new to all this, you expect the BCIS to know what they are talking about, it is their job afterall. It was only after we realised about delays that we began calling the BCIS to find out they know bugger all and many times received differet answers to our questions.
However, I agree that they should have looked into the process more thououghly, we spent a good deal of time doing this before submitting.

Nicola

Timeline TSC
NOA1 January 15th
NOA2 June 19th (Online Status)
NOA2 Letter received June 23rd
NVC Letter recieved July 2nd (dated 30th June)
Packet 3 received July 10th
Returned IV-15 July 21st (Delayed due to being in the USA when it arrived)
Interview date received July 25th
Interview date September 2nd
Moving to the USA September 4th

Wedding date November 1st
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Old Aug 21st 2003, 1:54 pm
  #7  
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Default Re: How NOT to do things !!!

What a misfortune.

My husband's friend did something similar. Met a woman from Canada
over the internet, she came down to Idaho and stayed with him well
over the 6 month mark that you are technically allowed to stay. They
then just went ahead and got married. The friend told my husband that
he and his new wife were going back to Canada to meet with her
parents, family etc and then return. (I never knew my husband when
this all transpired, this was before I came on the scene). Even
though my husband didn't know anything about how the VISA's all worked
he asked his friend if he could just do that (just bring her back into
the country). He told him it didn't seem right to him. The friend
reassured him that he checked everything out and what they were doing
was legit. Obviously he lied. So the couple went back to Canada, met
the folks and on their return to Idaho were refused entry back into
the U.S. The officer told them that she had fraudulently entered the
U.S. with the intent to marry. This man had given up a good paying
job he held for years, his retirement and his home and moved to
Canada. She had nothing herself in Canada. The last we heard (back
in February) was that he finally was granted his permanent residency
papers in Canada and was now looking for work.
 
Old Aug 21st 2003, 1:57 pm
  #8  
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I feel sorry for these people as well. The stem of their problem was ignorance, something we have all been "guilty" of at some point of our lives. If you've never been exposed to immigration laws/regulations, you may not realize how serious it can be until it's too late. It's unfortunate they did not take a closer look at the regulations after the first tragic turn.

Btw, having myself had a $700+ phone bill one time (before finding better phone plans), it can happen. The good side of that is the consular officer was impressed during my now-husband's K-1 interview after seeing that bill hehe

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Old Aug 21st 2003, 2:06 pm
  #9  
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I actually found the government's website to be a lot more informative than calling BCIS. The only time I have ever called, I got advice that was contradictory to the website. If people will take the time to read, read, read. Everything you need is there, along with newsgroups like this and the immigration attorney's websites. I'm actually amazed at how much free immigration advise is given by these attorney's both on websites and in newsgroups. They really make life a whole lot easier for those of us with "normal" (I use that term loosely) immigration situations.
That story was about someone who was too cheap to hire a lawyer, too lazy to do the research, and too arrogant to think the law applied to them.

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Old Aug 21st 2003, 2:41 pm
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See, now Leslie's tend to think alike ;-)

Cheers,

Leslie
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Old Aug 21st 2003, 3:57 pm
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Default Re: How NOT to do things !!!

Scout <[email protected]> wrote in message news:<[email protected]>...
    > Call me jaded but I don't buy into their story. They met on the net? So
    > did we.................the first thing we did when we decided to get
    > married was to start researching things on

I agree; anyone who follows the rules to any degree can get into US.
These folks were pulling a big time fraud. And how exactly do you
lose your job over that ? Too bizarre
 
Old Aug 21st 2003, 3:57 pm
  #12  
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Default Re: How NOT to do things !!!

Scout <[email protected]> wrote in message news:<[email protected]>...
    > Call me jaded but I don't buy into their story. They met on the net? So
    > did we.................the first thing we did when we decided to get
    > married was to start researching things on

I agree; anyone who follows the rules to any degree can get into US.
These folks were pulling a big time fraud. And how exactly do you
lose your job over that ? Too bizarre
 
Old Aug 21st 2003, 8:18 pm
  #13  
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Default Re: How NOT to do things !!!

Originally posted by ukemigrant
In all your 'legal advice' comments, it seemed to me the person was not looking legal advice per se, but just advice. If I phone up the BCIS asking advice, I don't consider it legal advice. If I phone up a lawyer, I would consider that legal advice...

My $0.02 worth.
I respectfully disagree. Various cases from around the U.S. show that advice given about the immigration process “is� legal advice, whether it comes from an attorney or a non-attorney. One difference is one is licensed (and usually insured) to do so while the other is not. I think the news group is a wonderful thing, but the reality is that the function of the group is to provide similar assistance that would be given by an attorney (as far as planning a strategy, answering legal questions, etc.). So in one sense, when people say they did it without an attorney, they actually did receive legal advice… but from an unlicensed individual performing the services as an attorney (and therefore probably less accountable for the damages they may cause). The states have rules prohibiting the unlicensed practice of the law (to protect their citizens), and one of the old timer members found out the hard way that what she did on the internet was the unauthorized practice of the law in her state.

I was filing some papers at the courthouse here in L.A. the other day, and they have a big sign right by the door leading into the filing office which says, “The clerks are not licensed to practice law and therefore will not render any opinions or advice about the papers you are filing�. I doubt the National Customer Service Center employees are licensed to render legal advice, and I’m not sure how they justify doing so.

Last edited by Matthew Udall; Aug 21st 2003 at 9:00 pm.
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Old Aug 21st 2003, 8:26 pm
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Default Re: How NOT to do things !!!

Originally posted by Nicola76
Also when you are new to all this, you expect the BCIS to know what they are talking about, it is their job afterall.
I agree that this is a logical assumption to make, however most BCIS employees do not have any legal training, only work within a small area of immigration and have limited functions, and quite often don’t know anything about immigration law or their own procedures for that matter.

The BCIS are basically cops, and their job is not to act as one’s legal advisor but rather to weed out those who do not qualify for the benefit they are seeking. If I wanted to perform a burglary in the office across the street, the last person I’d go to for advice about how to best pull it off would be the cop standing on the street corner.
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Old Aug 21st 2003, 8:42 pm
  #15  
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Default Re: How NOT to do things !!!

Originally posted by Matthew Udall
If I wanted to perform a burglary in the office across the street, the last person I’d go to for advice about how to best pull it off would be the cop standing on the street corner.
That's probably not quite the right comparison.
Most people who are looking for advice to come to the United States on base of marriage don't consider that to be a crime.
To common people it looks just natural that wife and husband live together. Usually thats one of the reasons of getting married.


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