Redress
Jun 30th 2014, 11:09 pm
#16
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Redress
Your question suggests that, perhaps, there's some specific reason why this is happening... when, in fact, there may not be. What was the gist of the questions you were asked during your most recent trip? Perhaps that will give you a clue as to why you were pulled into secondary.
Why? If you have been in trouble since then, then it's not going to show up. Your prior vetting is simply that... prior vetting. Nothing to do with the here and now.
Because they don't know what you've been up to since the last admission.
That'd be my first guess! The thing is, you can't prove that nothing has changed.
You can certainly avail yourself of TRIP, but it's unclear whether your issues will be overcome. Still, there's nothing to lose.
Ian
If I was vetted for and got both a H1B and then a GC surely they have all the answers they need?
... if they can see that I've been let in before, why stop me again?
Do they believe that something may have changed?
So, my question is: can I use the Redress system to overcome this?
Ian
Jun 30th 2014, 11:14 pm
#17
Lost in BE Cyberspace
Joined: Mar 2010
Location: Phoenix, AZ
Posts: 8,106
Re: Redress
For being pulled into secondary because I have an arrest from 30+ years ago. It just seems like a waste of time as the case was tossed and plenty of people get arrested and nothing further happens. I'd like to be able to get through immigration without having to go to secondary every time I come back in. I thought that was what the redress service was for. Is that incorrect?
Note: was an INS issue. Arrested, erroneously, for being out of status when, in fact, was already a long way down getting a green card which I got about a month after the arrest. The judge was quite annoyed that they had wasted the court's time by not showing some common sense. It was a very long time ago - not sure why it would still be an issue, especially if I was never convicted nor had my passport stamped or anything of that nature.
Just trying to find out if it is worth using the redress system for this.
Note: was an INS issue. Arrested, erroneously, for being out of status when, in fact, was already a long way down getting a green card which I got about a month after the arrest. The judge was quite annoyed that they had wasted the court's time by not showing some common sense. It was a very long time ago - not sure why it would still be an issue, especially if I was never convicted nor had my passport stamped or anything of that nature.
Just trying to find out if it is worth using the redress system for this.
My guess is that being an INS arrest it has lingered on your record like a turd on a shoe. Perhaps going through TRIPS may be of benefit. Though don't expect too much, from what I've read you just get a letter that says "Thank you for using TRIPS, we have looked at your record".
Jun 30th 2014, 11:29 pm
#18
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,424
Re: Redress
Had a client some years ago with the same thing. He had been placed in "exclusion" by INS at Honolulu Airport with extensive notations that he had obtained his LPR by fraud, allegations of criminal conduct and parole in for criminal prosecution and a trip to the immigration judge. AUSA declined to prosecute and IJ terminated proceedings in favor of client.
Done deal? Nope. Every time he traveled, he got the third degree at the various POE's.
Finally, he naturalized.
Done deal? Nope. His name kept popping up in the computer and the border people were wondering about fraudulent naturalization.
Finally, client worked out an informal deal, he always entered via PFI Toronto and would call them beforehand to give them a heads up.
Never did get that computer cleaned up.
Done deal? Nope. Every time he traveled, he got the third degree at the various POE's.
Finally, he naturalized.
Done deal? Nope. His name kept popping up in the computer and the border people were wondering about fraudulent naturalization.
Finally, client worked out an informal deal, he always entered via PFI Toronto and would call them beforehand to give them a heads up.
Never did get that computer cleaned up.
Jul 1st 2014, 2:19 am
#19
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Joined: Jun 2014
Posts: 14
Re: Redress
Never assume anything ; makes an ass out of you.
Jul 1st 2014, 2:24 am
#20
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Re: Redress
Ok, I'll give the redress a go. Nothing to lose. Actually, would there be any benefit in going through a lawyer or will that have no benefit and cost money for nothing?
Let me restate, just in case, that the arrest came to nothing and I have never otherwise been in any sort of trouble with the police.
Let me restate, just in case, that the arrest came to nothing and I have never otherwise been in any sort of trouble with the police.
Jul 1st 2014, 12:34 pm
#21
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Location: Kentucky
Posts: 38,865
Re: Redress
Ian
Jul 1st 2014, 3:06 pm
#22
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Re: Redress
No, new GC.
I said that because I don't expect it will stop unless and until something changes. He told me it was because they have tightened up again though I know they lie so ignore pretty much anything they tell me.
I never said it was once in 30 years. In fact, the real question is redress worth doing or should I just take it on the chin and build in the delay? Or is there any other way to stop them bothering me - it does seem like a waste of everyone's time.
I said that because I don't expect it will stop unless and until something changes. He told me it was because they have tightened up again though I know they lie so ignore pretty much anything they tell me.
I never said it was once in 30 years. In fact, the real question is redress worth doing or should I just take it on the chin and build in the delay? Or is there any other way to stop them bothering me - it does seem like a waste of everyone's time.
Jul 1st 2014, 4:36 pm
#23
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Redress
Umm... that's not what you wrote.
You wrote, "I have an arrest from 30+ years ago." ... "Arrested, erroneously, for being out of status when, in fact, was already a long way down getting a green card which I got about a month after the arrest."
Now... to me, this says the arrest is 30+ years old and you got your GC a month after the arrest. Am I misinterpreting what you, yourself, wrote?
Without further clarification, the above information indicates that this was, in fact, precisely what you said.
Excuse me? You think they're bothering you and it's a waste of time? What you call "bothering" and "a waste of everyone's time," I call US immigration rules and regulations... not to mention national security. I, for one, am glad that the CBP officer is at the door and on the job! No one is entitled to enter the US without scrutiny. With respect, I suggest you alter your attitude a bit.
Ian
You wrote, "I have an arrest from 30+ years ago." ... "Arrested, erroneously, for being out of status when, in fact, was already a long way down getting a green card which I got about a month after the arrest."
Now... to me, this says the arrest is 30+ years old and you got your GC a month after the arrest. Am I misinterpreting what you, yourself, wrote?
I never said it was once in 30 years.
Or is there any other way to stop them bothering me - it does seem like a waste of everyone's time.
Ian
Jul 1st 2014, 6:17 pm
#24
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Redress
I suspect they don't want to keep talking to people who have overcome their problems. Perhaps they're wondering why you have an arrest record and want to see if you have any new arrests. You had a speed bump on the way to LPR status and administrative immigration arrests/violators go into the same criminal indexes as actual criminals. Redress may be able to fix this.
Jul 1st 2014, 10:43 pm
#25
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Re: Redress
Everything I have written is factual. I have a new Green Card and, since giving up the first many years ago, have been stopped.
It is a waste of time since they have the information and only ever ask the same questions each and every time, make a pretense of writing some notes to that effect and pass me through. If that isn't a waste of time I don't know what is. What do you think they expect to have changed? Perhaps that I'll tell a different story form the same one I've told many times before for something that happened over 30 years ago? I understand what you say but that isn't doing his job - he's foisting it off to someone else who would be better served dealing with stuff that is more than an arrest that came to nothing but I appreciate your input.
It is a waste of time since they have the information and only ever ask the same questions each and every time, make a pretense of writing some notes to that effect and pass me through. If that isn't a waste of time I don't know what is. What do you think they expect to have changed? Perhaps that I'll tell a different story form the same one I've told many times before for something that happened over 30 years ago? I understand what you say but that isn't doing his job - he's foisting it off to someone else who would be better served dealing with stuff that is more than an arrest that came to nothing but I appreciate your input.
Jul 1st 2014, 10:44 pm
#26
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Re: Redress
"Perhaps they're wondering why you have an arrest record and want to see if you have any new arrests."
They always seem to know exactly why I was arrested and it is as if they are testing me to see if my story will change. But I will try the redress system: must be worth a try.
They always seem to know exactly why I was arrested and it is as if they are testing me to see if my story will change. But I will try the redress system: must be worth a try.
Jul 1st 2014, 10:47 pm
#27
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Redress
"Perhaps they're wondering why you have an arrest record and want to see if you have any new arrests."
They always seem to know exactly why I was arrested and it is as if they are testing me to see if my story will change. But I will try the redress system: must be worth a try.
They always seem to know exactly why I was arrested and it is as if they are testing me to see if my story will change. But I will try the redress system: must be worth a try.
Jul 1st 2014, 11:26 pm
#29
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,424
Re: Redress
By the way, I still fail to see what OP is seeking "redress" of. It is inherent that when anyone travels foreign, they are subject to inspection when returning. Non-citizens even more than citizens. OP is submitting to inspection from what I can see. I see no way to avoid inspection on coming to the United States.
Jul 2nd 2014, 12:05 am
#30
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Re: Redress
By the way, I still fail to see what OP is seeking "redress" of. It is inherent that when anyone travels foreign, they are subject to inspection when returning. Non-citizens even more than citizens. OP is submitting to inspection from what I can see. I see no way to avoid inspection on coming to the United States.
