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Q: INS Nightmare ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: INS Nightmare
Category: Relationships and Society > Law
Asked by: maro-ga
List Price: $5.00
Posted: 09 Jun 2002 15:13 PDT
Expires: 16 Jun 2002 15:13 PDT
Question ID: 24018
I am a US citizen and my wife is born in Saudi Arabia and finished
school here.
We got officialy married last Thursday in New York and on Friday she
flew to Toronto to attend her friends wedding for one day. 
Next day when she tried to get back to New York with a valid tourist
visa for 2 years, she mentioned to the INS officer that
she recently got married and that her husband is a citizen and waiting
home for her.
She was taken to the screening room and told that she is denied entry
and if she tries to enter any other way in to US she will be arrested.

Last March my wife started a medical treatment in New York for a
severe illness that requires here to see a doctor weekly and her blood
levels and medication have to be monitored on daily bases.
Her health might be at grave danger as
explained to me by doctors here. I have letters from the medical
center in New York explaining the seriousness of her condition in
detail.
What can I do to get her back to New York to finish her medical
treatment.
Answer  
Subject: Re: INS Nightmare
Answered By: davidsar-ga on 09 Jun 2002 17:01 PDT
Rated:5 out of 5 stars
 
Congratulations on entering the united state of matrimony.  Now, about
getting your wife back into the United States of America....

First off, you best friends in a case like this are your elected
representatives.  I used to work for a member of Congress, and I can
assure you that their staff spend a great deal of time (and
frustration) intervening with the INS on behalf of their constituents.
 There is no assurance that they can solve your problems, but they can
definitely elevate the matter to more senior levels at the INS, and
accelerate a decision.

A few tips for getting started.  

www.congress.gov can provide you links to your Senators and
Representatives.  Each member’s page will give you details about how
to contact their office.  For instance, NY Senator Chuck Schumer’s
site has the following:

“How can Chuck help me?
We can help you in a variety of ways with federal agencies. We can
make inquiries on your behalf about the status of any pending cases
before any federal agency. We can also often offer advice about which
agency would be best to handle your concerns, and help you navigate
the sometimes confusing web of services offered by the federal
government. Unfortunately, we cannot offer legal advice or intervene
in pending litigation. “

There’s much more about writing letters, what information to provide,
what address to use, etc.

You will need to provide each office with a written description of
your situation, so work on providing all the relevant details in a
concise and understandable way.  BUT...don’t leave it at just writing
letters.  Call each office and ask to speak to the staffer handling
immigration issues.  Emphasize the urgent medical aspect.  Ask for a
face to face meeting with the Senator or Representative.  Your request
will likely result in a meeting with staff – which is good – but if
you’re persistent you can also get face time with Chuck or Hillary (I
assume you’re a New Yorker) or whoever else you contact – work both
the Senate and House members appropriate to where you live.  After you
write and meet, make regular calls for follow-up to make sure your
issue stays front and center on the radar screen.

Secondly, get a lawyer on your side.  If you can afford it, hire one. 
If that’s not an option, make use of public interest lawyers.  I
suggest you start by contacting:

The Legal Aid Society Immigration Law Unit
90 Church Street
New York, NY 10007
(212) 577-3300

There are other public interest places to turn as well – let me know
if you need more suggestions about contacts.


Third, the Saudi Arabian embassy may be able to provide some
assistance.  I’m not very familiar with the role they might play here,
but it’s worth a shot.

Lastly, think about ways of getting publicity for your case – a local
newspaper or TV reporter may take an interest in a story of estranged
newlyweds separated by a chastised and aggressive INS. Nothing
motivates public officials like publicity.


These are the best tips I know for getting started.  I invite other
Googlers to offer their advice as well.  Do write back with a request
for clarification if you want more information on anything.

Good luck.

Request for Answer Clarification by maro-ga on 09 Jun 2002 17:09 PDT
Finally an answer from someone.

Thank you...

lease provide me with any additional conact names or numbers in media,
law and politics that I could get in touch with and ask for help.

Any and all additional information you can provide is greatly
appreciated.

I live in New York, lower Manhattan Zip is 10013.

Thanks so much

Request for Answer Clarification by maro-ga on 09 Jun 2002 17:10 PDT
Please do let me know more about other public interest places to turn for help.

Request for Answer Clarification by maro-ga on 10 Jun 2002 11:50 PDT
The Legal Aid Society Immigration Law Unit said to me that they will
only work on deportation cases or cases reffered to them by cort.

Any other resources I could contact for help.\

: ( thnx

Clarification of Answer by davidsar-ga on 10 Jun 2002 12:34 PDT
Here's an address and phone number for Senator Clinton's office in
Mnahattan:

780 Third Avenue
Suite 2601
New York, NY 10017 

Phone:  (212) 688-6262  
Fax:  (212) 688-7444  


Your zip code is covered by more than one Congressional
representative, so I can't tell you who your Congressperson is...ask
around.

As for other public interest groups, your best bet is to ask the
people who know.  As you speak to Congressional offices, ask them for
names and phone numbers of organizations you can contact.  As local
people working these issues directly, they are in a much better
position than I am to give you up to date referrals.

And by all means, as one commenter noted, you should be talking to the
INS as well.  I assumed these conversations were happening, but if
not, definitely make this part of your communications effort.

Good luck.

Request for Answer Clarification by maro-ga on 10 Jun 2002 13:00 PDT
Who and how to contact at INS  let me know if there is a number to call.

Clarification of Answer by davidsar-ga on 10 Jun 2002 15:09 PDT
I'd suggest a walk-in at:

INS New York City District Office
26 Federal Plaza
New York City, NY 10278
  
The District Information Office is open from Monday through Friday,
from 7:30 AM to 3:30 PM

You can also call INS toll free at 1 (800) 375-5283

Request for Answer Clarification by maro-ga on 11 Jun 2002 08:35 PDT
immigration law expert to contact in Buffalo NY or NYC?

Clarification of Answer by davidsar-ga on 19 Jun 2002 21:47 PDT
Sorry for the delay...it actually took me a few days before I realized
you had updated your request here.  Since some time has passed,
pleased let me know the current status of your situation, and how
things have gone with the contacts you've made so far.  Perhaps I can
then offer some additional thoughts on who might be a best contact for
your next move.

Best of luck.

Dave
maro-ga rated this answer:5 out of 5 stars
Great answer but I would still appreciate some further conact info in
regards to legal help in New York or TOronto.

Comments  
Subject: Re: INS Nightmare
From: skermit-ga on 09 Jun 2002 21:26 PDT
 
You also might want to contact some of the news media stations that
will have a field day with this because of the country of origin of
your wife and the current state of affairs in visa debates. Call "7 on
your side" (abc) or "fox  5 investigative reports" (fox) or any of the
news agencies in our area (I live just across the river). They always
do these human interest pieces and government agencies are more likely
to get off their butt if they know that it's going to be on the
evening news. That's another option for you.

P.S. - why wasn't she allowed into the country if 1) she had a valid
student visa and 2) she is now has a green card or should be able to
get one because she married a citizen?

skermit-ga
Subject: Re: INS Nightmare
From: maro-ga on 10 Jun 2002 06:13 PDT
 
She has a valid 2 year tourist visa and since we got married last
thursday there was no time to start her green card process.
Subject: Re: INS Nightmare
From: hedgie-ga on 10 Jun 2002 08:51 PDT
 
I advice strongly against starting a legal or public battle with INS.
It's a bit like getting a traffic ticket: Do not antagonize the
officer.
You can allways have battles after your new wife is safe.
 
Unlike your other advisors, I went through similar (less serious)
snafu
with INS and found out that while  they try to follow the rules,
also they also try to remain  human. They even succeed sometimes :-)

 I would get on the phone and  try to get someone at INS who would
listen.
 You (and your wife) should have read the rules. INS is actually not
wrong,
here, as the regulations are written. 
 Your wife should have asked for re-entry visa before departure and
she should
 know that as non-citizen she does not have the rights we take for
granted.

  What you want to get is "conditional entry" for her, and if all 
fails,
take your marriage certificate, medical documents and join her. Try to
explain at the airport what happened when you are re-entering
together.

Congress-person can help, immigration attorney may be faster and lot
of the expertise is on the newsgroups 
http://www.faqs.org/faqs/us-visa-faq/part1/

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