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Maybe because the law for this illegal is being followed and she's back home?
What's the point of slamming a German citizen over and over who is back living in Germany with her US citiizen husband? She's home, end of story. Uzo apparently got a green card marriage that allowed him to come back here after he didn't follow the laws Yes green card marriages save many from being deported, and the couple has no intention of remaining together without that permission to stay in the USA.
Notice the husband of this former German illegal actually loves her enough to live in Germany with her?
Uzo and his wife have two children, the eldest easily in her teens...
He didn't marry for immigration status, the couple filed nothing until after he was deported...
Uzo was readmitted as a Legal Permanent Resident, immigrating legally as this German wife can do after her minimal (it is the shortest immigration penalty time) 3-year ban...
Against CBP policies, and unlike Uzo, she was readmitted in a parolee status after being a visa overstay...
Contrary to the information in the article (which identifies the initial entry was on a Tourist Visa) you continue to state the terms of the Visa Waiver Program. The spouse of a U.S. citizen cannot qualify for a Tourist Visa; Marriage to a U.S. citizen is defined to be "immigrant intent". Likewise, the terms of the Visa Waiver Program are for a limited, non-immigrant period of time, marriage to a U.S. citizen disqualifies someone from using the VWP.
Baloney. My German husband and I traveled back and forth between Germany and the US so many times during our marriage I lost count, both using the US citizen lanes and with him using the lanes for non-US citizens. He never had to do anything other than file a I-94W. With all due respect, you have no idea what you are talking about. Furthermore the article misstates that she had a "tourist visa." She had NO visa, fraudulent or legit, because none was required.
Quote:
Originally Posted by IBMMuseum
The first mistake was fraudulently applying for a Tourist Visa at the U.S. Consulate rather than obtaining the easily qualified Immigrant Visa. She would have gone through the required health screenings, and the couple would have paid much less in the end. Now she has a 3-year ban (from her illegal presence during the visa overstay), frankly quite lucky that the Misrepresentation charge was not added in.
She never did any such thing. The US does not require tourist visas of German citizens - there is no such thing so she could not have applied for one. The requirement is waived for German citizens. What is so hard to understand about that?
Last edited by FrugalYankee; 09-17-2011 at 10:00 AM..
And there you have it. How did she pass through not once but twice? before being naturalized my wife had to show her green card. On her first trip through had to show her paper work.
And we wonder how 911 happened.
I wonder what could be brought through the Canadian border...
The first time she went through, the CBP Officer had to notice she was a German using a Tourist Visa (thus knowing that she didn´t qualify for the Visa Waiver Program). Ordinarily you would think they would check to see whom she had flown with and further details, especially since many of the 9/11 hijackers had previously lived in Germany.
She had to attest that she didn´t have immigrant intent to gain a Tourist Visa. Her marriage would have disqualified her, so either they made a fraudulent application, or the staff at the U.S. Consulate are not doing their job correctly. She overstayed the visa, but didn´t run into any problems until she attempt to re-enter the United States alone.
CBP didn´t follow Port of Entry policies, and readmitted her after an immigration violation. She had every opportunity to legally immigrate, but instead didn´t show good faith by misrepresenting herself and her intentions. I feel betrayed by U.S. Consulate staff and CBP personnel not checking more detail, and not following their defined policies.
Maybe because the law for this illegal is being followed and she's back home?
What's the point of slamming a German citizen over and over who is back living in Germany with her US citiizen husband? She's home, end of story. Uzo apparently got a green card marriage that allowed him to come back here after he didn't follow the laws Yes green card marriages save many from being deported, and the couple has no intention of remaining together without that permission to stay in the USA.
Notice the husband of this former German illegal actually loves her enough to live in Germany with her?
Yes, and the upshot of all this is that the husband has been effectively exiled from his own country. Regardless of what mistakes they made, to give someone a Sophie's Choice like that - to stay in your own country without your wife, or to be deported along with her (after all they have a child, IIRC) is not the right way to go, IMO. For a legitimate marriage, which a US citizen should have the right to have, to whom ever he chooses, a fine should be sufficient punishment for breaking the rules, not banishment from your own country.
That's too heavy a price to pay, as far as I'm concerned. I understand this is not a popular stance, but it just seems very inhumane toward the husband.
Yes, and the upshot of all this is that the husband has been effectively exiled from his own country. Regardless of what mistakes they made, to give someone a Sophie's Choice like that - to stay in your own country without your wife, or to be deported along with her (after all they have a child, IIRC) is not the right way to go, IMO. For a legitimate marriage, which a US citizen should have the right to have, to whom ever he chooses, a fine should be sufficient punishment for breaking the rules, not banishment from your own country.
That's too heavy a price to pay, as far as I'm concerned. I understand this is not a popular stance, but it just seems very inhumane toward the husband.
Yes, and IBM's story of Uzo, his wife didn't do anything special for this nation, no military service, nothing.
I wonder why they would make it much more difficult for this couple who actually met in some other country than another illegal visa overstayer or other illegal who got him or herself a convenient green card marriage just in time to avoid deportation -- or worse yet, all those illegals who simply give birth here at taxpayer expense and then demand they be given their right to stay on.
I wonder what could be brought through the Canadian border...
Drugs mostly.
Quote:
Originally Posted by IBMMuseum
The first time she went through, the CBP Officer had to notice she was a German using a Tourist Visa (thus knowing that she didn´t qualify for the Visa Waiver Program).
Incorrect. There is no such thing as a "tourist visa" for German citizens because the visa requirement is waived. She would have correctly and lawfully filled out the I94W.
Quote:
Originally Posted by IBMMuseum
Ordinarily you would think they would check to see whom she had flown with and further details, especially since many of the 9/11 hijackers had previously lived in Germany.
They probably did. As far as I know, none of the hijackers were German citizens.
Quote:
Originally Posted by IBMMuseum
She had to attest that she didn´t have immigrant intent to gain a Tourist Visa. Her marriage would have disqualified her, so either they made a fraudulent application, or the staff at the U.S. Consulate are not doing their job correctly.
Wrong again. She did not have a visa because none was required. Her marriage did not disqualify her from anything. Once again there is no such thing as a tourist visa for a German citizen. This is like going to the hardware store and asking for a knitted cap for your chimney. They don't exist.
Quote:
Originally Posted by IBMMuseum
She overstayed the visa, but didn´t run into any problems until she attempt to re-enter the United States alone.
Bingo. She didn't break the law until day 91 of her initial stay. Immigration would have noticed this when she exited the US after overstaying her initial visit, but what action could they have taken? Sent her on a plane home?
Quote:
Originally Posted by IBMMuseum
CBP didn´t follow Port of Entry policies, and readmitted her after an immigration violation. She had every opportunity to legally immigrate, but instead didn´t show good faith by misrepresenting herself and her intentions. I feel betrayed by U.S. Consulate staff and CBP personnel not checking more detail, and not following their defined policies.
US Consulate staff was never involved. They only get involved if an application is made outside the US, which did not occur. As to whether they didn't show good faith or good skill I would not presume to judge. Again, if they were used to policies in Germany they more than likely had no idea of how much more difficult a US/German couple has it in the US than in Germany. Except for actually getting married, which is a bureaucratic nightmare in Germany if you are a US citizen. THAT is much easier in the US.
I'm throwing in the towel here, as it seems I am repeating myself.
And really, having lived in Germany for well over a decade, she and he have probably both said "Good Riddance" to the US and aren't losing any sleep over her "ban." It may cause problems if he wants to visit a family member and she cannot accompany him but other than that why should they care?
...The US does not require tourist visas of German citizens - there is no such thing so she could not have applied for one. The requirement is waived for German citizens. What is so hard to understand about that?
The VWP does not allow for immigrant intent, check the rules. It is for a more limited time, and those in the VWP give up all ability for an immigration hearing if they violate the terms. In the case that Consular and CBP officials are making unlawful allowances for certain nationalities against those immigration law requirements, they need to answer to the American public.
Let´s examine whether a Tourist Visa exists for Germans, and follow the path you say for her initial entry on the VWP. Violating the terms of the VWP (her overstay with immigrant intent) makes further use of the VWP forbidden, requiring a Tourist or other non-immigrant visa to re-enter the United States (in her case she didn´t have a valid visa, had previously overstayed, but they still readmitted her). If a Tourist Visa doesn´t exist for Germans, how are VWP violators applying and being issued them?
Apparently you don´t think that Germans (and other VWP countries) need Immigrant Visas to immigrate to the United States either. Relatively cavalier when other U.S. citizens wait years to legally immigrate their spouses and families. I loved it when you stated sympathy for me and my wife, and dropped it within the same post.
And contrary to the claims of the dream act types, there is almost no easier way to come here legally than with a foreign student visa.
Those 9-11 hijackers easily got student visas to come here to attend flight school.
Last edited by malamute; 09-17-2011 at 12:31 PM..
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