« Comprehensive Immigration Reform: Outlook for 2010 | Main | EB-5 Regional Center Program: Fast Lane to Permanent Residence »

01/03/2010

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

Vijay

Sad to see that such a treatment happened to a nurse. Imagine what must be happening to people with limited english skills and who inspite of being legally in the country, would face intimidation and mistreatment at the hands of the border patrol.

Gopal Panday

This is not an isolated event. This happens each and every day all across on our borders.
Some of it is lack of training; some of it is wrong directions from superiors and then there is personal abuse of power and authority.
It must be addressed; specially when any one is offering for any pertinant information to establish the facts from an officer of the court i.e. their lawyer.It is truly sad.

Enry C. San Andreas

Those so call officer should not been let off the hook easyly, I am sure at one point in the past they there were "Illigal Aliens" that made it throught Immigration gaps.

I encourage you to file a complaint against all of them, these "Junior High drop outs" should not be allowed to make decision on their own. I am a professional Immigration Consultant in New York we make sure that every time something as your "chaos" take place a supervisor take proper action against any "clerk"

It is your right to make sure that these clerks, do not do it again, ever!

Enry4
The Big Apple

TK

Carl, you are much too hopeful. I doubt if anything will change. Although I cannot condone the rude and high-handed know-it-all behavior, I can't really blame border guards for not comprehending the myriad legal statuses that US immigration law provides. And yet, congress and USCIS keep complicating this patchwork, as if all these checkpoints were manned by people who went to law school.

Back when my adjustment petition was pending, and when I used to enter the country with an Advance Parole document, I was never very comfortable with my I-94 that was always stamped to expire a year from my entry. As my lawyer told me and as I am sure is true, the date on the I-94 does not matter when you enter with an Advance Parole document (or if you are awaiting adjudication of your adjustment petition). But yet I could bet that not every CBP officer knew that, and after reading this story I guess I was right.

Why can't the USCIS and DoS simply issue visas instead of advance parole documents and on admitting an alien with such a visa (perhaps supported by the I-485 receipt notice just as an I-20 supports an F-1 visa), mark the I-94 as indefinitely valid, similar to the "DS" notations on F-1 I-94s for students. That way, adjustees can spare themselves not only the ritual of having to renew their Advance Parole document (which, by the way, is not even readily recognized worldwide as a document that allows entry into the US without a visa), but also the uncertainty of having to convince an agent such as the ones mentioned here who still think that the I-94 expiry date is the be all and end all of legal status.

And can we please get rid of the 214(b) immigrant-intent nonsense. It would be funny if its selective enforcement weren't nauseating. On the one hand, DoS is supposed to make sure F-1 holders have no intent to immigrate to the US, and on the other hand you have USCIS and congress greasing the wheels for students wanting to immigrate to the US (cap-gap, 20K H1Bs for advanced degrees, 30 month OPT for STEM graduates, indefinite H1B extension during pendency of I-485). Why, silicon valley would not have existed were it not for F-1 students who eventually immigrated. The contradiction is mind-boggling.

TK

I just sent a mail to Senator Feinstein expressing my outrage at this story.

If you want to do the same, here's the link...
http://feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe

roger

Did they had Advance parole? I know you do not need if you are in US but just curious

Gioeliza

Wow, how sad that this still happening, There are so many people in the world that risk their lifes to come to the United States of America. if they only knew how they would be treated they would just risk starving where they live. The sad thing is that this will never end, there will always be ignorant people like those men and women at the borders. They should hope that they or their families never get targetted like they do the Immigrants in this country.

Ron Chavez

As you can see this is only half of the story, what is the other half?
There seems to be no laws broken on the part of the guards and they are only doing their jobs.
If you get stoped by (police/border guards) you need to try to do what they ask , information on who you are is important and it does need to be checked .Do not say the guards are high school or less schooling ,most have collage and military backgrounds.
they did their jobs and no one was hurt !
Security first and safety of this country before people blame the guards for a new bombing !

Fred

"There seems to be no laws broken on the part of the guards and they are only doing their jobs."

They were NOT doing their jobs. They wrongly detained them because of their ignorance of the valid documents that were presented, and their failure to understand that an expired I-94 does not imply illegal status in their situation.

Emanuela

I also wish that the Service and agencies would instruct officers not to demean attorneys. Since this system has become adversarial, for an CBP officer to try to instill distrust in one's attorney to render the alien even more confused and helpless, is not only unethical but it flies in the face of our system of justice. Those officers should be reprimanded and retrained.

Lisette Ocampo

From the bottom of my heart, I thank you Carl for the support you gave to this family. They are a family of mine.

SRINIVASAN PILLAI

Sue those nutty officers......the family that suffered are legal workers.They have their rights and freedom too.You can't abuse them like these officers did.This is disgusting!!!Also Mr.Shusterman should sue them for bad-mouthing him.Atleast then,immigration will discipline its team.

H.Lou

Thank you Carl for all the help & support you've rendered to this family. Something must have been done to these officers who are not knowlegable enough with immigration laws.
This family are educated people who are working legally in the US. They have their rights & they should have not been treated that way. They are not criminals.

Concerned Citizen

What was the specific reason given to you about why you and your family were released?

William G. Premaza and Carminia Premaza

I notice AILA is having a conference in Washington covering Derivative VISAs. After 15 years our granddaughter aged out while her mother and twin brothers received their visas in 2005. I guess our hope still is in the hands of the court filings in California. Based upon your filing the Administration should be able to issue administrative orders to fix this problem so that we can have the American Dream of our last family member becoming a permanent resident.

William G. Premaza and Carminia Premaza

We are so happy for the Filipino family covered in your Bulletin. You should be so proud that your help and support finally moved them steps forward by adding such an example to the horror stories of immigration. So many wait so long, pray every day and continue to dream they will be the next in line to receive a Visa to this great country.

abenk

it's nice blog..... i like it..
pleased to meet your blog...
COME VISIT ME...OK...thank you very much

The comments to this entry are closed.