URGENT: just denied entry @ Atlanta

[facundo]

Hi,
My friend was just denied entry @ Atlanta. She has a 10-year, multiple re-entry visa. The reason she was given was that she spent too much time here (18 months in the last 30 or so). She never over-stayed her i-94.
She's currently detained, and will be shipped back to Argentina in 4 hours.
Is there anything that can be done? Is there any appeal process? Anything to talk to? Or are we basically screwed?

Thanks,

-Facundo.

[SonofMichael]

Make sure you put air holes in the box they ship her back in !!!!

No appeal possible if she did not pass customs !

[facundo]

This is so flippin' stupid.
How can these things depend on the mood a particular officer wakes up in? How can the process have so little oversight? How can the experiences of travellers be so inconsistent? How is it that there are no clear, written rules (laws?) governing this process?
There *has* to be someone to talk to.

[SonofMichael]

You guys are great. You say that immigration should be "flexible" when it suits your needs but then you want them to be "fixed" when it doesn't. Look pal, 18 months out of the past 30 is excessive and shows fraudulent intent. She abused the visa. It is supposed to be a tempory tourist visa, not a fiance or work visa. She should be greatful that they did not beat her up and rape her. Now be quiet and go away or else we will kick you out too!

[NeedHelpFast]

Don't seek advice from this forum, try to find an attorney quick!

[sisadee]

This happens for quite sometimes. Your friend was not the first one. Your friend needs to consult a good lawyer.

[HBKHBK]

People don't realize something.
U.S. Costums & Border Control have the Ultimate power.They can deny anyone they want to entry and are untouchable by the basic law.
No outside attorney can do s.h.i.t about it.

If they deny you entry,you are history and gone.

I remember one girl from england came to visit her old host family she lived with for a year while doing an exchange year and being a nanny.When she came back a year later for 2 week to visit.She was also denied entry in Detroit,the reason was givin,she will work again as a nanny for the family,under the table.

And that family were to expert attorneys,and they flat out said "our hands are tide,if it involves U.S costum and Border Agency!

[englishintern]

When did that happen with the girl from England I cant find anything about it on the web. Is there a forum link or weblink??

[RationalE]

They can deny anyone..

Not necessarily "anyone" but rather non-citizens.

And isn't this something that people are told immediately after they receive a visa - that visa itself is not a guarantee of admission to US and in final instance it's up to POE/Immigration Officer's discretion ?
So obvious..

[Hudson]

Originally posted by facundo:
Hi,
My friend was just denied entry @ Atlanta. She has a 10-year, multiple re-entry visa. The reason she was given was that she spent too much time here (18 months in the last 30 or so). She never over-stayed her i-94.
She's currently detained, and will be shipped back to Argentina in 4 hours.
Is there anything that can be done? Is there any appeal process? Anything to talk to? Or are we basically screwed?

Thanks,

-Facundo.

It will depend on why she was here the first and why she is here now. Does your friend have a significant other? Was she seeing family? Or was this business?

When she arrives back in Argentina, she needs to find an attorney and visit the US Embassy in Buenos Aires.

[HBKHBK]

The thing with that british girl happened in 1999...

when I say,they can deny anyone,its no brainer I am talking about any non citizen.

I mean If a country denies entry to any foreign citizen,that foreign citizen can not do one thing about it...she is a foreigner,and if the countries border control says no its no.Its their law their country and they can allow who ever they want.And thats in any country by the way.

If I wanna go to Spain,and they tell me on the border "no" I have no way of fighting it,because its not my country,I am not a citizen of that country and basically have no right to enter the country,its always a privilege to allowed to enter a country,not a right.Unless you are a citizen/resident of that country.

I know alot of stuff happens in germany at the border to,where many try enter legally,but never leave,so often the german costums also,deny entery to certain people,who they feel,would never leave...

This happens in any country and its in my eyes normal....but also its not the norm,to deny someone entry.

[RationalE]

When it comes to admission, in final analysis it's ultimately between USCBP and Judiciary/Legislative (or even top Executive) branch, not USCBP and non-citizen alien.

Legislative branch vested and Judiciary branch upheld that Border Agents have full and undeniable authority to admit or refuse entry of any alien arriving to US.
It's not only normal but is necessary for the protection and wellbeing of any sovereign Nation.


This being said, neither legislative branch nor judiciary would tolerate it if USCBP routinely engaged in gross abuse and arbitrary exercise of power in adamant disregard for common sense, intentions and interests of whole Nation. Just imagine USCBP agents turning back to the airplane every single non-citizen passenger arriving at JFK ,just because they have authority to do so, now can you?

Be realistic.

[ntfd3]

its pretty obvious why she was refused. 18 months here out of 30 that means she was only 12 months in argentina. You cant be here more than home on a visitors visa!

[Someone12]

a tourist visa is for tourists, a"tourist" in a foreign country, so how can some lowlife from Argentina do it? Simple...she has been working illegally...and so our border folks told her to hit the road and I am glad. You can hire every sleazy attorney in AILA and they can't do $hit to change this decision...nothing, zippo, nada....too FN bad for your Argentinian visa cheat....no appeal, no nothing. No doubt she'll try to apply for a new visa with a new passport hoping to fool our embassy officials...but, the computer doesn't lie...only visa cheats lie. And she'll get caught in her lies and then, no more visas in her life. What a shame (sniffle sniffle)....

[bigdaddy]

Can USCBP refuse entry to an alien, who is in possession of a valid US immigrant visa?