B2 Cohabiting Visa POE Difficulties
Dec 27th 2013, 8:37 am
#16
Banned
Joined: Mar 2013
Posts: 364
Re: B2 Cohabiting Visa POE Difficulties
People referred to secondary are not entitled to a phone call.
B2 is supposed to maintain a foreign domicile. He may be asked for proof. Dropping over the border has been done with mixed results and can be problematic. The manual says that cohabiting partners should seek extensions. It is possible that Canada/Mexico could deny entry. They are aware of the practice of people seeking to depart/arrive to reset the period of admission and may be inclined to deny someone out of concern the person will be refused entry and be stuck.
People attempting to do it should be prepared to prove they are admissible and have a plan in case they find themselves refused and their visa canceled. Attempting to depart after the expiration date of the period of admission and being denied entry and returned to the US would likely result in removal proceedings so don't overstay and then try it.
B2 is supposed to maintain a foreign domicile. He may be asked for proof. Dropping over the border has been done with mixed results and can be problematic. The manual says that cohabiting partners should seek extensions. It is possible that Canada/Mexico could deny entry. They are aware of the practice of people seeking to depart/arrive to reset the period of admission and may be inclined to deny someone out of concern the person will be refused entry and be stuck.
People attempting to do it should be prepared to prove they are admissible and have a plan in case they find themselves refused and their visa canceled. Attempting to depart after the expiration date of the period of admission and being denied entry and returned to the US would likely result in removal proceedings so don't overstay and then try it.
So maybe he should ingore the urge to flagpole from Canada/Mexico and go home for a week and see his family and check on his business before making the reentry's? He can probably afford to do that, probably build up his airmiles as well doing that? Or would doing that not be viable?
Dec 27th 2013, 9:12 am
#17
American Expat
Joined: Jan 2004
Posts: 7,598
Re: B2 Cohabiting Visa POE Difficulties
But they would likely not let you have your phone in your hand to quote chapter and verse during a secondary interview would they. And again they probably wouldn't like a traveler telling them what they can and can't do.
So maybe he should ingore the urge to flagpole from Canada/Mexico and go home for a week and see his family and check on his business before making the reentry's? He can probably afford to do that, probably build up his airmiles as well doing that? Or would doing that not be viable?
So maybe he should ingore the urge to flagpole from Canada/Mexico and go home for a week and see his family and check on his business before making the reentry's? He can probably afford to do that, probably build up his airmiles as well doing that? Or would doing that not be viable?
Dec 28th 2013, 9:09 pm
#18
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Dec 28th 2013, 9:12 pm
#19
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: B2 Cohabiting Visa POE Difficulties
If they're wrong, they're wrong. Just make sure you're right before starting an argument!
And if you're not keen on using your phone, just print it off and have it on you, done that too.
Dec 28th 2013, 9:13 pm
#20
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Dec 29th 2013, 4:18 pm
#21
Member
Joined: Apr 2001
Posts: 14,049
Re: B2 Cohabiting Visa POE Difficulties
And, the CBP might want to have a look at it to see what phone calls and text messages you've made.
Regards, JEff
Regards, JEff
Dec 30th 2013, 12:13 am
#23
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: B2 Cohabiting Visa POE Difficulties
Ian
Dec 30th 2013, 1:09 am
#24
Banned
Joined: Apr 2013
Posts: 5,154
Re: B2 Cohabiting Visa POE Difficulties
If Homeland are that concerned, they can always ask the NSA for the metadata of your phone, which the world now knows they're storing and archiving ad infinitum.
Dec 30th 2013, 2:12 am
#25
Account Closed
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Location: Kentucky
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Re: B2 Cohabiting Visa POE Difficulties
Ian
Dec 30th 2013, 2:44 am
#26
Banned
Joined: Apr 2013
Posts: 5,154
Re: B2 Cohabiting Visa POE Difficulties
I don't think the DHS have any right to inspect a phone without probable cause, but I am sure the Feds have changed the law to accommodate such search tactics.
Dec 30th 2013, 2:57 am
#27
Lost in BE Cyberspace
Joined: Mar 2010
Location: Phoenix, AZ
Posts: 8,106
Re: B2 Cohabiting Visa POE Difficulties
CBP can search laptops etc without reasonable suspicion.
Dec 30th 2013, 3:24 am
#28
American Expat
Joined: Jan 2004
Posts: 7,598
Re: B2 Cohabiting Visa POE Difficulties
There is no probable cause required. Constitutional protections against unreasonable search apply at the border, but the definition of what is considered reasonable changes. Courts have decided that a device is no different than any other container such as a suitcase. Suspicionless search is permitted. The deck is so stacked against the traveler, I don't think they even need probable cause to hold someone until they poop to see if contraband comes out. I suppose the phone search doesn't appear to be so intrusive when taken in that context...
Dec 30th 2013, 3:34 am
#29
Banned
Joined: Apr 2013
Posts: 5,154
Re: B2 Cohabiting Visa POE Difficulties
There is no probable cause required. Constitutional protections against unreasonable search apply at the border, but the definition of what is considered reasonable changes. Courts have decided that a device is no different than any other container such as a suitcase. Suspicionless search is permitted. The deck is so stacked against the traveler, I don't think they even need probable cause to hold someone until they poop to see if contraband comes out. I suppose the phone search doesn't appear to be so intrusive when taken in that context...
Dec 30th 2013, 3:21 pm
#30
Member
Joined: Apr 2001
Posts: 14,049
Re: B2 Cohabiting Visa POE Difficulties
Better wipe the phone before traveling, as you wrote about in a subsequent post, because once one is in secondary there will be no opportunity to do it before they take the phone.
Your massive disagreement is something different entirely. CBP isn't going to give a person the opportunity to wipe their phone just because the person massively disagrees with a demand to hand over the phone.
Regards, JEff