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Thread: Re:CSS/LULAC - When An Immigration Officer Makes A Wrongful Determination

  1. #1
    What recourse does anyone have when an immigration officer is a fault-finder rather than be an adjudicator of a case. I first came to this country in 1977 as an F-1 student. After about 3 years of studies, I graduated in 1979 and left the U.S. Then I came back with a student visa again to start graduate studies in 1981 and had enough money for my studies. Then sometime in mid-1981, I had to leave for about 3 weeks to my home country due to a death of a close relative in the family. I did not get any re-entry paper before I left because I thought my current student visa was good enough for my re-entry. When I came back, an immigration officer questioned me about not having a re-entry document. But after a brief discussion and showing documents (such as transcript, old visa, flight tickets, balance of money in my account), the officer allowed me to re-enter on my good old visa. But due to illnesses that started after I came back, I did not return back to school, and I was not working due to my illnesses. Not going to school was a violation of my student visa status and this is what qualified me for the amnesty program. Then I had to travel out sometime in mid-1983 for only 17 days to my home country and returned with a new student visa. When I went for my LULAC interview recently, I had very authentic documents (college transcripts, mails, bills, statements, etc.) dating back to 1981 to show the officer that I was here before January 1, 1982 and was out of status. The only reason I was turned away in 1987 was because of this 1983 student visa which has now been waived in the CSS/LULAC settlement. The interview was going great and I was feeling very happy, even though I was nervous. I went to this interview with one of the best, if not the best, immigration attorneys in the nation as I don't want to take any chances at all. And all of a sudden, the immigration officer said I am inadmissible and would need a waiver because he believes that I committed a wilfull misrepresentation to re-enter the U.S. in 1981 since I did not go back to school. Not going back to school however is what qualified me for amnesty, and for this officer, it's what he used to not grant me outright approval. I told him illnesses prevented me from going to school but he did not believe me. He was merely looking for any reason to deny me. Does anyone out there have such an experience? What can I do? My attorney too was surprised at this officer's sudden decision but wants me to go for the waiver. Any advice? I have a good job which I have been doing for 17 years. I have a BS, an MS and MBA. I have been a very good "citizen". As a minority, I have never been arrested in my life. My health is also not good and don't want to have to leave. I have lived here for close to 30 years. I believe this officer is prejudicial towards me. My case is almost fool proof but he still finds a flimsy excuse to tarnish it.

  2. #2
    What recourse does anyone have when an immigration officer is a fault-finder rather than be an adjudicator of a case. I first came to this country in 1977 as an F-1 student. After about 3 years of studies, I graduated in 1979 and left the U.S. Then I came back with a student visa again to start graduate studies in 1981 and had enough money for my studies. Then sometime in mid-1981, I had to leave for about 3 weeks to my home country due to a death of a close relative in the family. I did not get any re-entry paper before I left because I thought my current student visa was good enough for my re-entry. When I came back, an immigration officer questioned me about not having a re-entry document. But after a brief discussion and showing documents (such as transcript, old visa, flight tickets, balance of money in my account), the officer allowed me to re-enter on my good old visa. But due to illnesses that started after I came back, I did not return back to school, and I was not working due to my illnesses. Not going to school was a violation of my student visa status and this is what qualified me for the amnesty program. Then I had to travel out sometime in mid-1983 for only 17 days to my home country and returned with a new student visa. When I went for my LULAC interview recently, I had very authentic documents (college transcripts, mails, bills, statements, etc.) dating back to 1981 to show the officer that I was here before January 1, 1982 and was out of status. The only reason I was turned away in 1987 was because of this 1983 student visa which has now been waived in the CSS/LULAC settlement. The interview was going great and I was feeling very happy, even though I was nervous. I went to this interview with one of the best, if not the best, immigration attorneys in the nation as I don't want to take any chances at all. And all of a sudden, the immigration officer said I am inadmissible and would need a waiver because he believes that I committed a wilfull misrepresentation to re-enter the U.S. in 1981 since I did not go back to school. Not going back to school however is what qualified me for amnesty, and for this officer, it's what he used to not grant me outright approval. I told him illnesses prevented me from going to school but he did not believe me. He was merely looking for any reason to deny me. Does anyone out there have such an experience? What can I do? My attorney too was surprised at this officer's sudden decision but wants me to go for the waiver. Any advice? I have a good job which I have been doing for 17 years. I have a BS, an MS and MBA. I have been a very good "citizen". As a minority, I have never been arrested in my life. My health is also not good and don't want to have to leave. I have lived here for close to 30 years. I believe this officer is prejudicial towards me. My case is almost fool proof but he still finds a flimsy excuse to tarnish it.

  3. #3
    Isn't F-1 a temporary non-immigrant visa? Didn't you realize this when you obtained said F-1 visa?

    What part of temporary and non-immigrant don't you understand?

    Also, what exactly is a "minority" and why is this relevant?

    It seems that playing the race card is the standard "defense" now. How pathetic!!

  4. #4
    Go for the waiver did you file the I-690?

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Shabber:
    Go for the waiver did you file the I-690? </div></BLOCKQUOTE>

    Yes. File for the waiver and be done with it.

    The faster you file, the faster the approval.

    Freedom1.

  6. #6
    Dear Bambulu:

    There shouldn't be any problem getting that waiver approved, besides the delay in the adjudication of your case.

    You can check page 6 of the Interim Decision 3090 of the BIA (Board of Immigration Appeals.) ( http://www.usdoj.gov/eoir/vll/intdec/lib_vol19idx.html )

    The second paragraph reads: '... Congress contemplated that waivers under section 245A of the Act be granted liberally. "In most cases, denials of legalization on the basis of the waivable exclusions should only occur when the applicant also falls within one of the specified non-waiverable grounds of exclusion." H.R. Rep. No. 115, 98th Cong., 1st Sess. 69-70. In matter of N-, supra, we noted that "we are also mindful that Congress intended the legalization program to be administered in a liberal and generous fashion."...'

    Good luck.

  7. #7
    To: Bambulu, and SundevilUSA,

    The race card is very tired in America. We are sick this excuse for everything. It's been over played to death. But, it still exists. We can't look into a mans heart. Let's just say Bambulu is a black man from Africa, applying in the Midwest, he could possibly be a victim of discrimination.

    A big question for SundevilUSA.

    Imagine for a moment that you were given the identity of a white man, from let's say Canada, seeking to immigrate to the USA. You look and speak like a native born American with virtually no cultural differences. Let's say you had blonde hair and blue eyes, and you were applying at the Los Angeles office, run by Hispanics.

    Let say that your immigration Officer was a brash mid 30's American born Mexican decent. Who may have felt as though he was a second class citizen in his own Country, while growing up in white America. What a salacious position of opportunity that could be, for someone who may have deep resentment and animosity. It might be very satisfying for that man, to disapprove SundevilUSA's application, even if he qualifies. There would be no million man march on SundevilUSA's behalf. We all know in America, the white man is always the perpetrator, never the victim of discrimination. Right?

  8. #8
    Do not worry about it. I am in the same situation. IAP V INS will settle everything. I believe settlement agreement on it wll be reached tomorrow.

  9. #9
    Bambulu,

    which state are you located?

    Also does anyone knows if the waiver is required if someone left the country after 1988? I left the country in 1995 for 2 weeks and returned. I'm supposed to go for 2nd interview in january and i do not want surprises.

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Bambulu:
    I went to this interview with one of the best, if not the best, immigration attorneys in the nation as I don't want to take any chances at all. </div></BLOCKQUOTE>

    What gives?

    You expect us to give you better advice? c'mmon!

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