FlyerTalk Forums - View Single Post - Canadian Girlfriend got seriously hassled before entering US this time
Old Aug 1, 2010, 6:45 am
  #10  
Ari
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Join Date: Aug 2005
Location: Chicago
Posts: 11,509
Originally Posted by mre5765
Since your gf has disclosed the relationship, I fear she will at best get a hassle moving forward. You should get legal advice.
Unless they get married, things are the way they are . . . unless you believe they should retain a lawyer to tell them how to lie to CBP. In other words, you get an immigration lawyer when you need to adjust status or possibly some other transaction involving USCIS, not when CBP is asking legitimate questions to aid them in their decision as to whether an applicant for admission has overcome the burden of dispelling the presumption of intent to immigrate.

Originally Posted by König
This recent interrogation was probably summarised in her CBP file, so the next time she will have hard time entering the USA for purposes other than seeing you because the CBP simply may not believe her. By definition, an alien seeking admission to the USA is considered a potential immigrant unless he/she can prove otherwise - regardless if he/she needs visa or not. Unless this system is changed, these kind of situations will continue to happen.
They are not just seen as a potential immigrant, but they are presumed to be an immigrant and the burden is on the applicant to dispell that notion.

Originally Posted by sailman
It sounds to me as if your thread has already has answered the question of who should move where. There is no mention of your being similarly treated as your girlfriend when you enter Canada. In my opinion the situation at US airports has only gotten worse in time, and may very well continue to do so.

Two thoughts to consider.
1) It is becoming increasingly rare in the States for people to be honest, and probably immigration didn't know what to do with information. She will have to live with these indiscretions for the rest of her life.

2) Under no circumstances attempt to use Arizona as her entry point into the US.
1) I don't know what you're talking about.

2) What does Arizona have to do with anything? Do you think CBP in Arizona analyzes INA 214(b) differently than other ports of entry?

Originally Posted by BogusRogus
In another case - another business partner of mine had a Hong Kong wife - but even she could not visit the us on consecutive trips. Took him years to get her a legal status - years.... Sorry about that.
That is abnormal-- it is usually much quicker than that for a marriage that USCIS doesn't question-- was there possibly a bump in the road with USCIS in that regard?
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