Legal Question in Immigration Law in Tennessee

My boyfriend came to visit me this year in March for three weeks. We decided we wanted to get married. He was on a visa waiver, and we knew we couldnt do it on that. We were ignorant to our other choices, so we called immigration, and spent an hour on the phone with a lady, who informed us tha twe COULD get married on a waiver, and file for extension. We jotted down what she told us and made a game plan. In may, he would fly to me from UK and we would marry. He came through customs in Philadelphia with his belongings, and good luck cards from friends and relatives. he was seized imediately and harshly interrogated, fingerprinted and sent back on the same plane to London with a document he signed stating he could return on a visa, and his record now says Intent to immigrate. We were traumatized. After we regrouped and did more research, we found out the Immigration lady was giving us information about a B2 Visa. We since then decided to go with a k1 fiance visa, and get married at the end of 2010. In the meantime, he just wanted to VISIT me for a couple of weeks in January, however, the experience he had in May has terrified him from even wanting to try to file for a 2B visa. I called immigration again and told them what happened. They told me to try to call the airport customs in Philly to find out if he needs to write to privacy for the incident. I got hold of the nastiest supervisor. I told him what happened, and that we just wanted to do the right thing. He literally YELLED at me into the phone-apparently this man was the one who interrogated my boyfriend. he yelled at me, point blank, that my boyfriend had no intention of coming back to the UK, his record now states that he had intent to immigrate, and that he will NEVER get a B2 visa, or that if he DID get one, he would have a long road of trying to convince te embassy he has no intentions to imigrate. My boyfriend has a job he MUST return to, and a letter from his boss stating that fact. He fully plans to return and work until next October, when we will then begin to work towards a fiance visa. Do we have a chance? or are we doomed from ever seeing each other again?we just need peace of mind. Its killing us.


Asked on 11/20/09, 11:05 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

If I understand you correctly, all these times, instead of consulting an immigration attorney, you were talking to government officials and then relied on their "advice"?

The lady on USCIS Customer Service hotline was not even allowed to give you any legal advice. Their customer service reps are not lawyers and only a lawyer in USA can give you a legal advice (others commit a crime of "unauthorized practice of law").

The CBP officers who denied your boyfriend's admission to USA earlier this year acted upon information that you and your boyfriend willingly supplied to USCIS when filing for his extention and inquiring hiw he can remain in USA.

Yes, I'm afiard that he will not be able to get B2 visa or come to USA on any other non-immigrant visa.

Depending on how he was denied admission, he might stand a chance of getting a Fiancee visa or an Immigrant visa approved in the future.

What paperwork he was given by CBP? Under what section of the law he was denied admission? Was any bar placed on him? etc.

You should definitely schedule a consultation with a knowledgeable immigration attorney before making more mistakes.

If you�d like to schedule a confidential telephone or email legal consultation, or need advice or help, please let me know, and I�d be glad to help you: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations to clients from all States, as this is the matter of federal law.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/25/09, 12:51 pm


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