Kicked out of the US: 33 hours of hell
nzherald.co.nz
nzherald.co.nz
I understand that they can't be admitted to the nearest best western, because the could be a flight risk or a security threat (in some very unlikely scenario). But there's no reason why an airport holding area can't both a) look like a spartan hostel dorm room † and b) be secure. Families with children should stay together, if possible. Separating couples by gender isn't so scary if both partners arrive in a nice dorm room, they know their partner is safe. Dim lighting at night means that people could still be monitored, if truly necessary, and get a good nights sleep. Only dangerous, unruly, or mentally unstable detainees should be kept in jail-level security conditions. Lying on a visa application does not warrant prison treatment.
I know someone has to pay for this, but as someone who travels internationally I'm happy to have my taxes spent in this way... there's a reciprocal quality: I may make a mistake on a form or apply for the wrong visa, and I want to be treated with dignity when that happens.
† http://aspiringbackpacker.com/wp-content/uploads/2012/02/Hos...
Heck, real prisons for murderers in Nothern Europe and Nordic countries often look better than Best Western rooms...
Many countries are pretty lax with regards to people immigrating to the country to work. The United States has fallen into a weird equilibrium where working illegally is very, very common and, since the polity hates this fact, also very, very illegal, but only enforceable against people who mostly follow the rules. If you're reading this and don't hold a US passport, you probably mostly follow the rules, so you need to be very, very careful to not violate immigration law when coming to the US.
And by the way, that is not what is discussed in this thread. These people made a mistake when getting the visa, and instead of getting an error, they were put in jail 33 hours. Not everyone that makes a mistake with the visa is a terrorist or an illegal worker. Probably most of them aren't.
https://esta.cbp.dhs.gov/esta/
And the fact that you cannot ask for ESTA if you already asked for a J1 is not explained in that site.
Besides it is crazy that instead of displaying an error when they asked for the ESTA, they were put in jail for 33 hours. The worse part is that some people do not see anything wrong with that...
Potential tourists see these articles and factor them into their travel plans, usually by not going to the country in question. If it was Venezuela putting people in prison for not following an obscure visa-rule, I doubt you'd be justifying it so happily.
They didn't apply for a tourist visa. I repeat, they didn't apply for a tourist visa.
The only indication about any work may be the "colleagues-not-to-be", but that may well be just a description related for the J-1 process, not their later situation. If they already had friends in the US, what's wrong with deciding to just visit them anyway on the visa waiver? (and not going to work)
The two countries whose visa process I'm most familiar with in this situation are Singapore and Australia. I've hired many foreigners into Singapore on Employment Passes (the H1-B equivalent) and in some cases, they came in on a tourist visa whilst their EP was in progress (testimony of our hiring speed rather than the Singaporean administration, which delivers the thing in 7 working days).
Similarly, when I applied for Australian PR, which takes quite a bit longer than Singapore, the embassy specifically told me it was fine to travel in and out of the country during the application, and I did so on the usual visa waiver whatever it is called.
I once was cornered - in a polite and friendly manner - by an Australian immigration agent in Singapore on my way to Perth, who for all intents and purposes looked like a perfectly normal, unarmed civil servant in a suit, and who was wondering why I kept popping in and out of his country. Satisfied with the explanation he let me continue after 2 minutes. And if you think immigration is a hot topic in the US, you should see Australian news at the moment...
I've also held two work visas in Switzerland despite owning an "inferior, work-stealing frontalier" (not my words, those of the more right wing protectionists) French passport and I regularly fly in and out of the country without any issues.
Therefore, this story strikes me as an illustration of how bad the backend/IT/processes for immigration are in the US. The main failure point was a lack of communication, with the airline as well as with the travelers. All airlines flying to Singapore and Australia check your visa situation (as in, ask to see the visa and scan it) before you check in precisely to avoid these problems. One also has to wonder the wisdom of not allowing visa types to overlap conditionally, since other countries seem more than able to cope; and whether failing to obtain a work visa really ought to be grounds for exclusion from tourism travel.
And I got burned by this. Wasn't aware that you need this waiver/visa thing. Got to the check-in gate about 30 minutes before they close and got rejected. Called friend in Sydney to quickly apply online. Got confirmation of application from where it normally takes about 20 minutes to get visa. Showed it to airline lady, so she called Australian border/customs where she was informed that process might take up to 9 days. Hence I wasn't allowed to even check in. I begged to do something and they just blabbered about systems not allowing them to do it. 8 minutes after registration closed I got my visa and obviously wasn't allowed to fly that day. This was Emirates airlines by the way.
When I got to Sydney next day I was questioned by a smug fatlus about what I am doing here. I could see satisfaction in her face when she asked me how I am flying back. She though 'now I got him'. Turns out I had tickets booked with different airline via different city. Asked to scan my phone for CP and drugs. Asked my friend contact details and if I can prove I am currently employed.
Entry to NZ was ok, but you could see people are intimidating. To be honest all borders I ever seen look intimidating. UK now has these spinning lights on top of their cameras that create this feeling of being surveyed. My home country agents were also incompetent not being tell the difference between my GFs passport (Taiwan republic of China). She also got bad treatment on UK border. My treatment upon entering US was intimidating as well, but fortunately short.
I also witnessed bias to uniform. Pilot found someones phone just before agents desk. Agent said in this ridiculous blockubster-marine-like voice "Sir, I will have to ask you turn off the phone". He managed get it thru to the guy in front, but you can bet your balls he would be pushed to the ground if he wasn't wearing his uniform.
A J-1 is initiated from a host institution, similar to how a company needs to file a Labour Condition Application (LCA) before they can hire a H1B/E3 etc.
That provides you with the invitation, and you take that and all supporting evidence to a US embassy in your country of citizenship and they assess on the spot whether to approve or deny the visa.
They either couldn't get sponsorship from a host institution, or the consulate officer rejected the application because of some other criteria.
There's not really a "months-long" approval process.
From first contact to goes-through-the-door-of-your-office, how long would you say it would typically take to hire a Vietnamese or Chinese citizen into your SF company? Singapore's figure is 7 working days and I've done it in 36 hours.
The problem is also the way the US does these things. The amount of hostility and the way they treat people.
As for this case I am pretty sure their intent was to break the law, they just did not expect the consequences. They did try to get J-1 so they knew they need a visa for their visit and a waiver is not enough. They went without a visa anyways, probably hoping to talk their way through the immigration, feigning ignorance.
Any country without a jumbled mess of a legal system?
www.wsj.com/articles/SB10001424052748704471504574438900830760842
I reckon you have a point: So many people come to US with the intent of lying to the border agent, getting a tourist visa and working. Border law isn't shoplifting or traffic law.
Well, ignorantia SHOULD be "excusat" in some cases.
That idea of "Ignorantia juris non excusat" ("you're not excused for not knowing the law") is one of the worst and most undefensable aspects of the legal system, especially since modern law has become so vague and all-catching.
http://www.wsj.com/articles/SB100014240527487044715045744389...
It should be checked on a case by case basis, and actual ignorantia should be taken into account and count as a reason for a lesser penalty.
Though I've had a nasty experience at Canadian immigration. Once I was invited to speak at a University of Ottawa law school event but neglected to bring the invitation letter. I was directed to secondary screening and spent what seemed like hours there before being allowed to enter the country. At one point a Canadian immigration official said they couldn't find any record of the conference, but as far as I could tell they were looking at the main school's web site, not the law school's. Sigh. Ironically the event was sponsored by the Canadian federal government...
At least it wasn't 33 hours of hell.
To me, the largest problem with the reported story isn't that they weren't allowed into the US -- applying for a work visa, then trying to enter as tourists when you don't get the work visa is definitely suspicious behaviour -- but rather that they were kept in jail until they could be deported. These were not dangerous individuals; they could easily have been told to go find a hotel and stay there overnight but report back to be deported in the morning.
Which, incidentally, is exactly what happened to a BSDCan attendee a few years ago when he was deemed inadmissible to Canada a few years ago: "You're not allowed in, but it's too late to send you back tonight and you seem harmless, so we're going to give you a 24 hour pass. Be back here at 9 AM tomorrow."
Not knowing how to Google isn't.
On the other hand, US immigration and customs officials really do seem heavy-handed, and seem to revel in treating every tourist who filled out a form incorrectly or misunderstood some rules as the next Bin Laden.
Now it's just a TV show so I don't know how "cleaned-up" it is, but if you watch "Australia Border Patrol" they seem to have a much better relationship with their visitors. Many episodes have people arrive flouting quarantine rules or misrepresenting themselves still get let in, possibly just with a fine, since they get a change to explain themselves calmly and correct their mistakes and the officers come across as trying to help people rather than trip them up.
Really? I travel internationally quite often. I'd never dream of "researching the relevant visa regulations". For example, my wife and I have twice booked river cruises through Europe, entering half a dozen countries each time. We did book through a travel agent, and I just assumed we would be fine. And we were. In my experience going from one first world country to another tends to be very low friction. The USA is becoming an increasingly huge outlier. I haven't been there for a while but actually I probably would do some visa research before going these days. Although having said that if I'd obtained an online visa waiver I'd consider that to count as sufficient research.
I find that fact completely astounding.
I mean Canada has a ton of red tape too (the passport system is horrendous). I just seem to run into these things more in the US.
That's a weird expression. You mean too lightly compared to one country's overreaction of 9/11? Everything is light compared to that.
As for Australian border, I've seen people going in, just paying the fine for whatever was not right (like too much tobacco in the luggage) and getting in without much problem. I've also had the "pleasure" of being told that's the last time I'm allowed in as a tourist. All of those interactions were a lot simpler than every one of my arrivals to the US where people saying "you can go" were way worse worse than people saying "there's a problem" in other places I visited.
There is not any evidence that 9/11 has anything to do with this - this sounds more like a regular limitation of work rights issue. Hacker news regularly has stories about the difficulty of navigating the US work rights regime.
The "privilege" huh?
I'm sympathetic towards the border guards that have to enforce rules that barely make any sense. They have limited information and antiquated computer systems, yet they have to filter millions of people a day, to "protect" the country. Illegal immigration is a thing and so is smuggling, and terrorism.
Politicians rarely do that either. I wish they all got a heavy accent, put on an agal and did a few trips for comparison.
She spent the night in a jail cell and it was uncomfortable. She was treated like a criminal (ignoring the fact that she was, in fact, a criminal, accidentally or not). She was not, however, treated like anyone typical in Nazi Germany. She certainly wasn't treated like anyone was sticking it to PhD students out of jealousy (how would they even know, especially given the number of people they have to process through customs in a day?) Making the comparison like she is diminishes the actual terrors and actual social dichotomies faced by people that are in no way deeply concerned about not having a cell phone for a day.
No. Simply making a mistake on a visa application is not a crime, nor is overstaying a visa. It counts as "Unlawful Presence", which is a civil offense; in order to rise to the level of a crime, it must be "Improper Entry", which involves crossing somewhere other than a designated border crossing, deliberately lying on application forms, or the like.
One thing that people really need to be aware of in immigration law is the difference between an unlawful act and a crime. Lots of rhetoric about immigration talks about how people are already criminals for being in the country undocumented, when in fact they have violated no criminal statues, merely civil.
Actually, I think that this may not have even constituted unlawful presence; since the author was not yet technically in the country until exiting the airport, she was essentially just turned away at the border (with a brief detention for practical reasons). Note that I am not a lawyer, and not all that familiar with immigration laws, so take my interpretation with a grain of salt; but I am certain that there's a very big difference between civil and criminal violations, and committing a civil violation does not make one a criminal.
Yup, it's officially referred to as "Denied Entry". You never enter the country, officially.
> (with a brief detention for practical reasons)
If there was a return flight 4 hours later, they would have been put on that. The fact that the timing didn't line up was unfortunate, but as you say, it's practical.
This whole situation occurred because a convenience feature, which allows you to do a fully automated system to get an approval to board a plane to the US, didn't actually properly check for the legality of entering, so they were only ever determined to be using the wrong type of authorization once they had already arrived, leaving no choice but to detain them at the airport in order to deport them. And this is a pretty crappy situation; a very difficult to navigate bureaucracy, that seems to offer a convenience feature to allow an easy way around it, and then makes you waste a flight and be detained for a day just to be flown back again because you're not an expert on the intricacies of immigration law, is a pretty crappy system.
I agree that some of her rhetoric may have been a bit over the top, but it is a pretty awful situation to have been put in, and it seems like there would be much, much more efficient and humane ways of working around it.
I guess it makes sense. The country hasn't become a prison state with the highest incarcerated population in the world by thinking clearly and acting commensurately.
Anyhow, sounds like on the real issue as opposed to arguing semantics, we're in fairly strong agreement. This immigration system is baroque, inhumane, inefficient, and the results actually run counter to what the system is supposed to be doing.
How about if you apply for the two visas and it's such a big problem you warn people during the application process. This would be like have a form the blanks all the fields on submit and only tells you the required fields after you have failed to fill them in.
This couple made some stupid errors though, mainly they were clueless about how rigid the system is.
9-11 obviously changed the US system for ever. Now there is talk of amnesty for people who never filed a single form (sneaked across the border), while those who followed the rules to a T, or at least applied for some visa get treated like this. As a legal immigrant, I am honestly conflicted about amnesty for illegals.
If you have you should be locked up, quite frankly! And don't go pretending you don't know about the eight thousand pages of obscure statutes that apply to you every day. Ignorance of the law is no excuse!
Sure, there are always individuals that buck the trend but overall the u.s. Is an embarrassment and getting worse.
Anecdotally, I am in the Midwest twice per year and have to listen to people complaining about the Jews and the niggers, and about various conspiracies about global warming, and how there's no way we're descended from monkeys.
I don't hear any of at shit where I live in Europe, except for some of the racist stuff but in a more nuanced manner.
Stop making stuff up. You're not impressing anyone with your nonsense. I await your even more strongly worded rebuttal to being called out. I'm sure it will be super convincing.
I understand anti-Americanism plays really well at a lot of places online though. So keep the shtick going, I'm sure you'll impress someone.
http://ncse.com/creationism/general/my-backyard-creationism-...
Also, I have to call bullshit. Unless you are hanging out at a Klan rally, or maybe your relatives live in a trailer park, the likelihood of hearing any of that is slim to non-existant.
http://www.rt.com/usa/majority-americans-racist-poll-378/ http://www.gallup.com/poll/170822/believe-creationist-view-h...
Didn't Europeans murder millions of people within living memory, and isn't there active "ethnic cleansing" going on in the Balkans even as we speak?
Yeah. "Nuanced".
Really quite shocking how you didn't make more friends here, with such a sunny disposition and open-mindedness.
When people are jerks and rip me off - no one makes me a news article. And that's the problem, in the eyes of the law - you're not this VIP.
I understand her frustration in getting turned around. The rules are the rules. You wasted money on a ticket by hoping you could work on a tourist visa. No, you don't get "let off" or special treatment. Always double check to make sure you are using the correct visa!
Anyone who wants to see customs in action, I recommend the reality TV show "Border Security", they are in UK, Canada and Australia: https://www.youtube.com/results?search_query=border+security.
- automatically stop people from getting visa waivers if they applied for J-1
- save space in detention
- save the time by not dealing with such cases at the airport
- prevent people from getting treated badly
- prevent articles like this from being written
Or you know... keep throwing the book. That works very well as you can see.
Sorry too hard to resist the cheap shot.
Edit: Sorry this is not meant to offend, I just thought it was funny.