David Smith

By PAM ZUBECK - THE GAZETTE

Tom Menzer and Sophie DuBois are legal — in more ways than one.

They did more than become husband and wife when the Colorado Springs
resident and his French bride recently tied the knot.

They complied with DuBois' visa requirement.

DuBois is among those who have run into roadblocks when trying to
enter the United States during the past year.

She was turned away at Detroit Metropolitan Airport on April 29 when a
border patrol agent thought she was trying to enter the United States
illegally — using a tourist visa but intending to marry Menzer to
establish residency.

In truth, DuBois and Menzer planned to live together for a time to
determine whether they wanted to get married.

DuBois was placed on the next plane to France. She then decided to
seek a fiance visa, which required her to marry within 90 days of her
arrival.

She and Menzer didn't wait that long.

Two days after DuBois arrived without hassle in Newark, N.J., she and
her groom said "I do" in a downtown lawyer's office on Valentine's
Day.

Although Menzer resented Uncle Sam dictating the timing, he and DuBois
are blissful.

"We're happy to have married," said Menzer, 37. "As far as the
government influencing what the date and time is, it just means we're
forced to have two weddings."

The second will be an August bash for family and friends in
Pittsburgh, Menzer's hometown.

DuBois, 33, is effusive.

"I'm totally sure," she said, sitting in her apartment surrounded by
bouquets of snap dragons, carnations and lilies, most of them provided
by her husband. "There's no doubt. I know he's the one."

She plucked from a shelf a 2-inch-thick binder containing her
immigration papers, the foundation for her request for temporary
residency, which will allow her to work. She's an engineer, just like
Menzer.

"It appears they'll do that on the spot or within a week or so,"
Menzer said. After that, she'll apply for permanent residency.

Although this story has a happy ending, Menzer thinks the government
should investigate how some border authorities exercise their power.
"I think it comes down to the whole question of checks and balances,"
he said.

An official with the Department of Homeland Security, which oversees
immigration, denied contentions that more people are being returned to
their home countries under the USA Patriot Act, which gives officials
more authority to deter terrorism.

The spokesman acknowledged border agents are more vigilant since the
Sept. 11 attacks but defended their decisions, saying they use their
best judgment based on information available.

HunterGreen

What strikes me about this in particular is that they based the decision to turn her away on the Patriot Act (meant to deter terrorism). Yet their reason for turning her away was the (risk of) illegaly taking up residence in the US. I didn't know that all illegal residents, oh excuse me, I meant to say undocumented aliens of course, were all terrorists? Me thinks the Patriot Act is either being abused or wasn't anything else than a means to give the border officials unlimited power in the first place. But then again, this opinion has been around for a while hasn't it.

Elaine

jeffreyhy

HG,

I don't see anything in the article that says the decision to turn the woman away was based on the Patriot Act. The the reason for turning her away was stated quite specifically and that reason is not part of the Patriot Act. And the border official's authority to turn her away for that reason precedes the Patriot Act.

The Patriot Act may be being abused, but this article doesn't show it.

Regards, JEff

HunterGreen

Jeff,

I was talking about this part.

Apparently they were asked for a reaction and denied it had to do with the PA, then said 'they use their best judgment based on information available', thereby saying they had information that indicated this lady was a terrorist?

I don't really care about semantics, word it however you like, but something's fishy here. Land of the free my butt.

Rete

Elaine

I don't believe I have ever disagreed with you. However, I don't see where you think that her denial was due to their extra viligence and information that she might have been a terrorist.

The reasons for her denial are the same ones that were in effect prior to the PA's institution. The reporter apparently asked if it she were denied because of the PA and he was told that "No" she was not. It has always been up to the judgment of the agent at the POE to determine who can and cannot come in. It had nothing then and nothing now to do with the PA but the fact that she had a USC boyfriend and they felt she was a risk for marrying and staying without first entering with the proper immigration visa.

If you read the entire article you will see that both the couple and the reporter did nothing whatsoever to find out the proper way to migrate. The woman thinks she will get an EAD first and then afterwards apply for adjustment of status. A complete turn around of the procedure. Unless, of course, she is talking about the temporary 90 day EAD associated with the K-1 and even then she is living in a dream world. That is no longer given out at the district offices on a walk in basis and if it were, it is virtually worthless because it is only temporary and will long be expired by the time she gets the one year EAD.

All in all it was filler type of reporting and does not contain much factual information.

Rete

Margaret

Sorry but I thought it was the right of every country to allow or deny
entry to anyone they wished to do so and they don't even have to give
a reason why.

I thought permission given to gain entry into a foreign country was a
privilege, not a right.

Even though the couple in the article knew their situation was on the
up and up, how are the border guards/custom agents to know that? They
based their decision on evidence that was presented to them.

utopiacowboy

This is exactly why in my part of the world, La Migra is hated by everyone, Anglo and Hispanic, citizen and illegal, alike. The CBP recently tried to enter our local little school to seize two young girls who were here illegally. The principal forbade them to enter the school and even though I have disagreed with him many a time, this was his finest moment. Our little town is 99% Anglo citizens but as the descendants of men who fought Santa Ana, we will resist the Gestapo tactics of our home-grown Osamas who trample the Constitution in the name of national security. Viva Texas!

Maryanne Kehoe

Something like this situation is one of the best reasons the Patriot Act
has got to GO!

Rete

WHY?

Mtravelkay

maryanne kehoe wrote:

    > Something like this situation is one of the best reasons the Patriot Act
    > has got to GO!
    >

Nothing in that article showed she was turned away due to the Patriot
Act. She was turned away due to having immigrant intent, which it looked
like she did have. This has nothing to do with the Patriot Act.

Maryanne Kehoe

But it *does* seem that _some_ border agents are using Patriot to deny
entry to people who have come here legally. Something like this would
not have happened and this is exactly what John Kerry is proposing in
his reform of immigration laws if elected President. You SHOULD be able
to come here legally and if so desired and IF you are qualified, change
your status----that would remove the so-called "immigrant intent" that
is now denying a lot of people entry.





Re: Not Even Border Agent Can Stop Love--Article from Colorado Spri...

Group: alt.visa.us.marriage-based Date: Sun, Feb 22, 2004, 8:13pm
(EST+5) From: [email protected] (mtravelkay)
maryanne kehoe wrote:
Something like this situation is one of the best reasons the Patriot Act
has got to GO!
Nothing in that article showed she was turned away due to the Patriot
Act. She was turned away due to having immigrant intent, which it looked
like she did have. This has nothing to do with the Patriot Act.

Mtravelkay

maryanne kehoe wrote:

    > But it *does* seem that _some_ border agents are using Patriot to deny
    > entry to people who have come here legally. Something like this would
    > not have happened and this is exactly what John Kerry is proposing in
    > his reform of immigration laws if elected President. You SHOULD be able
    > to come here legally and if so desired and IF you are qualified, change
    > your status----that would remove the so-called "immigrant intent" that
    > is now denying a lot of people entry.
    >

But.... this has nothing to do with the Patriot Act. The restriction on
entering with immigrant intent existed well before the Patriot Act.
What is wrong with qualifying prospective immigrants BEFORE they come here?

Noorah101

I don't really understand why they turned her away (or others for that matter). I thought it was ok to come over on a visa waiver (or a visitor's visa) in order to get to know each other, and even to ahead and get married, as long as the foreign spouse returns to their homeland to wait out the visa processing.....how did they know at the POE that this was not what she had planned to do? She even said, the purpose of the trip was to spend more time together and decide if they wanted to marry. I thought that was acceptable.

Rene

Mtravelkay

Noorah101 wrote:

    > I don't really understand why they turned her away (or others for that
    > matter). I thought it was ok to come over on a visa waiver (or a
    > visitor's visa) in order to get to know each other, and even to ahead
    > and get married, as long as the foreign spouse returns to their homeland
    > to wait out the visa processing.....how did they know at the POE that
    > this was not what she had planned to do? She even said, the purpose of
    > the trip was to spend more time together and decide if they wanted to
    > marry. I thought that was acceptable.

I think she might have said they wanted to live together and decide if
they wanted to marry. The key may have been that she indicated a desire
to live in the US and was going to live with her boyfriend, which would
indicate she could not prove she had the required evidence to indicate
she was going to return to her home country.

memorex

Ok... Moving Parallel abit..

So she Entered the Country Under the Visa Waver Program..

As she Married in the US and has Filed for Change of status..

Are there any obstacles that could Hinder her application ?..

Just Wondered...

Mem..