Noorah101

Questions, please....

Does the POE officer have the right to refuse entry of a K1 visa holder? What happens in that case? Is there a course of action that can be taken right then and there, or does the officer make sure he gets right back on a plane to his home country ASAP? Then what....does the couple have to start all over from scratch? The K1 visa should still be valid, right? Could the fiance then try coming over again on that same visa, or does the POE stamp it with something saying invalid or cancelled?

Under what circumstances could the POE officer make the decision NOT to allow the fiance into the country? Obviously he's passed every other "test" and interview up to this point. What else could they discover that hadn't been found before? Assuming, of course, that he isn't carrying drugs or weapons, etc.

Thanks for any insight....

Rene

Folinskyinla

The particular adjustment was approved two days later.

BTW, I had that same officer for a marriage adjustment one month later. He was exceedingly polite, found one minor detail in which to request further documents, which we brought in that very afternoon -- and he would "get to it" -- and the case somehow fell through the cracks and the couple split up 8 months later and hubby withdrew the petition.


As a further BTW, the officer was later transferred from adjudications to -- the airport.

Noorah101

I just read this, which answers part of the questions I just asked. Thanks....

Folinskyinla

Hi:

Before April 1, 1997 -- the procedure assuming things went wrong at POE was 1. Airport people [including on site-supervisor] 2. exclusion hearing before the immigration judge 3. appeal to board of immigration appeals 3. habeas corpus in distict court 4. appeal to court of appeals 5. petition for certiorari to the Supremes.

The 1996 legislation "streamlined" the process to 1. Airport people. So now you get to start at the very top of the chain!

As a practical matter, there would probably be a "deferred inspection" with a parole from the airport. Also, an asylum claim will get you some hearing rights.

slmndr13

from imdb

Tuco: There are two kinds of people in the world, my friend: Those with a rope around the neck, and the people who have the job of doing the cutting.

Man With No Name: You see, in this world there's two kinds of people, my friend: Those with loaded guns and those who dig.
You dig


My wife (currently adjusting status on a K-1 visa) is arriving at Houston from Mexico City with her daughter who will be activating a k-2 upon arrival.

She went to Mexico expressly for the purpose of picking up her daughter (as stated in her Advanced Parole document).

If the worst happens and they are denied entry at Houston, what is the next step for us?

Folinskyinla

Hi:

If memory serves me correct, your wife is guaranteed a hearing becuase she has an AP with an adjustment pending. Her daughter is a different matter.

Actually, I would not worry about all that much. As the OP pointed out, her beloved was from a muslim country and is male and this is a time of the so-called "Condition Orange" and he landed at an aiport which happens to be named "George Bush" -- a name a lot of people don't like.

Khadija

Ahhh...in either case, those of us who are going through this are digging and have unloaded guns in our holsters.

I'm glad you wrote a complaint. Just as a free press helps curb excesses of power in leaders, complaints against the system must be filed if there's to be hope - even if it's not for the case at hand.

FYI, Farhan posted today that his fiance is in the US. So, luckily, they must not have had the POE personnel from hell.

Patty

slmndr13

Thanks Folinskyinla

Leslie

I still maintain that mistreatment of another human being is wrong. These people are in a position of power and they play games. Everything they wanted to accomplish could have been done without demeaning llorona or her fiance.

I worked for years at a public health facility. I came across a lot of folks who IMHO were just working the system. Part of my responsibility was to look for and detect fraud on the part of the patients, in order to protect our doctors. I came across a lot of really great people that for one reason or another needed our services. I also came across a lot of low life scum bags. I treated everybody the same, until they gave me reason not to, then I could get tough. I worked with people that hated all of the patients and treated them all horribly because they could get away with it. This attitude was like a cancer that had spread throughout the whole facility. Being in a position where the public needed the services we offered, and had no other way to obtain them, was intoxicating to many of my co-workers. It was a clear abuse that the patients had no way of fighting. We had something they needed desperately and in many cases their lives depended on the medication and services we provided. I did my job and I did it very well, and I never had to degrade anybody in the process.

llorona

Thanks to everyone for their support. Instead of a joyous reunion, my fiance' was so irate that he wanted to return to Morocco. "There, they treat you like a person". I have spent the past few days calming my fiance' down and convincing him that all Americans are not like those idiotic immigration officers.

Thanks again and hopefully all upcoming reunions for other couples will be happier than ours was.

llorona

Folinskyinla

Hi:

I do recommend filing a witten complaint with a cc to your local congressperson. However, rather than focusing on the questions asked [as you did in your initial posting], acknowledge that they have a job to do, but they should be COURTEOUS. You may want to note that although YOU were not in the interview with your husband, the officer did talk to you and they were RUDE to you -- and for no reason, impugned Muslim men.

If you got names, disclose them.

Folinskyinla

Hi:

Your point is well taken. However, as of 9-10-2001, no Saudi terrorist with a B-2 or M-1 student visa had hijacked a plane and flown it into a building.

The art of "profiling" is a delicate one. It is also one which Americans are quite uncomfortable with. That could be a topic of another debate.

Ten years ago I remember working a quite difficult case in Seoul -- and the IV Chief and I got into a friendly debate -- my client did, in fact, fit within a fraud profile -- and my point was the profile was a tool to initiate further inquiry but could not serve as PROOF of fraud. We never did overturn that fraud finding -- but we immigrated the wife instead and then got a 212(i) waiver -- took five years in total to get that guy back into the US.

Khadija

Illona,

I'd go one step further than Mr. F. suggests. I'd cc the Council on American Islamic Relations http://www.cair-net.org/ or at least separately log in your fiance's experience. They have a Civil Rights department and an online area where one can lodge both positive and negative experiences. This group is tracking post 9/11 treatment of Muslims in our country.

I hope your fiance is reading the postings here so he knows there are many, many of us who welcome your fiance to our country with open arms!

Patty Khadijah

Leslie

Profiling is fine. It is a necessary evil. BTW, most Moroccan's would not fit the profile of Islamic fundamentalist terrorists. Morocco had somewhere around 4,000 diversity lottery recipients this year(correct me if I'm wrong, I'm going by memory here), more than any other country I believe. I have a hard time believing any of those Moroccan's fit the terrorist profile. I do not have my head buried in the sand here. I realize that there have been some Moroccans successfully recruited by Al-Quida. This is true of most countries with any Muslin population to speak of, including the United States. I don't take issue with the extra scrutiny that we are receiving because of my husband's country of origin. I've accepted it, nobody held a gun to my head and made me marry a Moroccan.

ironporer

Not to open up a can of worms, but I hope they were "profiling" (I know- a BAD word...) rather than stereotyping.

1) 19 of 19 were Arabian men
2) 19 of 19 were between the ages of 17-39
3) 15 of 19 were Saudis (0 were Morocans, I agree)

There IS a difference.