wilba1234

I am curious if anyone has had any experience when it comes to enforcing human rights within US immigration.

I believe that some of my human rights have been breached during visa applications and wondered if anyone had similar experiences and tried to enforce their human rights?

cranston

which human rights did they breach?

scrubbedexpat099

I have no idea what human right are, my first thoughts would be that there are no such things.

Now there are Constitutional Rights, is that what you mean?

wilba1234

I believe they have breach my right to a fair trial, right to family reunification and right of children to parental care.

I am currently trying to obtain a CR-1 visa and like I say I am just curios if anyone had tried to enforce human rights.

Im not saying that I would persue it, just curious if human rights have any bearing on immigration law.

wilba1234

I understand that the right to a fair trial will have no bearing over my visa application but I may be able to dismiss my pending court case because of it.

SDB1985

Why do you believe you wouldnt have a fair trial?

Bluegrass Lass

As far as I'm aware, there is no 'right to family reunification' within US immigration law. If you can't meet the terms of the visa (i.e. sponsorship), then there is no recourse.

In addition, I'm also unaware that they have to let you enter just so you can attend a civil court trial.

sir_eccles

Given the struggles people are having just to get recognition of same sex couples, i'd say no.

Bluegrass Lass

Has your latest visa app been denied?

jeffreyhy

Fair trial for what? What crime have you committed that you've been put on trial for? I am not aware of any such rights. What do you believe to be your basis for having these 'rights'? Regards, JEff

EDIT: I read your story in a post in this thread:
http://britishexpats.com/forum/showt...3#post10335853

I didn't see any mention of a US immigration lawyer being involved in any of your numerous attempts and failures to obtain a visa. Have you retained one?

Bluegrass Lass

The OP is probably asking because of the EU Human Rights Convention, that can, and does, affect UK immigration. If UK immigration decides against giving someone a visa, that person can sue based on breaches of Human Rights. No such thing is available in the US, AFAIK.

sir_eccles

And more importantly why was it denied?

Bob

Nothing going for the US.

wilba1234

I was reading up on human rights and the right to a fair trial and it states that a trial must be held within a reasonable time.

I was arrested for a DWI in Houston in Feb 2011, it has been almost 2 year since. The judge revoked my bond because I could not attend court.

In the paper work it stated

"The defendant did not appear. The Defendant’s name was distinctly called at the courthouse door, and after waiting a reasonable time, the Defendant failed to appear. It is, therefore, ORDERED that the bond of the Defendant is declared forfeited, and the State of Texas shall have and recover of and from the Defendant, WILLIAM TAYLOR, as principal, on the bond, the sum of $500.00 plus costs of court. This judgment will become final unless good cause is shown why the defendant did not appear."

I believe that not being allowed to set foot on US soile is a good cause.
Also as the court has waited for so long it may look like I have been trying to avoid the hearing. I feel that this will have a negative affect on the outcome.

A right to a fair trial also states that the person should remain innocent until proven guilty. I have had 3 visa's denied because of the DWI, if I we seen to be innocent would I have been granted the visa's?

wilba1234

No it has not yet, I'm holding much more hope for this one than the others tho.