|
 |
 |
 |
|
 | ||||
|
|
|
|
|
|
| ||||
Introduction
Anne (not her real name), a United States citizen, civil servant, and disabled veteran, is engaged to Christian (not his real name), who currently resides in Germany. She applied for a K1 Fiancé Visa for him, but was denied because she had not visited him within the last two years. She then visited him in April 2005, and reapplied for the Visa, which was approved in March, 2006. However, when Christian attempted to enter the United States, he was detained at the airport and deported back to Germany the following day. The Border Patrol officer denied him entry because he believed that Anne and Christian were legally married since March of 2005.
The Visa Process: Intricate and Ambiguous
Anne consulted with the German Embassy, clarifying that CBPO made a mistake, because she and Christian were certainly not married. She submitted an I-601 waiver to remove the 5-year ban to which her fiancé was now subjected, because of the Border Patrol officer’s mistake. The Embassy told them that they must submit another application for another K1 Visa. Upon that submission, they were then told that they first must purchase airline tickets before another Visa could be issued. They complied, and finally received another K1 Fiancé Visa in March 2007.
The Embassy returned Anne’s I-601 waiver when Christian was granted the Visa, because they found no grounds for excludability. Anne traveled to Germany to accompany her fiancé on his second arrival into the United States. As they entered Chicago in March, 2007, they were informed that Christian would be denied entry yet again, because they “did not have an approved waiver to enter the United States.” They were both detained overnight, sleeping on the filthy floors of the secondary holding area.
The next morning, Anne contacted her Senator’s office. The office contacted the CBPO supervisor, and within a few hours they were released with a Notice to Appear before an immigration judge, with a time and date TBD.
Ten days later, while Anne was out, Christian heard a knock on the door, and opened it to find several agents entering the home. They requested the Notice to Appear documents he had received from the port of entry. When Christian was unable to immediately produce the documents, they began invading and searching through Anne’s personal items. Before the handcuffed him, Christian requested to put on proper clothing, and the officers escorted him to Anne’s bedroom so he could dress himself. The officers then took Christian and Anne’s keys, making it appear that he had left her. Anne had to call her Senator’s office in order to find her fiancé.
Conclusion: Another Confusing Deportation
Christian was detained for three days, and then deported back to Germany. He has now received a twenty year ban. Anne is currently waiting to hear back from USCIS and ICE on what type of Visa would be appropriate so that he could once again gain entry into the country, because the fiancé visa was rejected.
After the ICE raid, Christian’s mother, terrified for her son’s safety, went into cardiac arrest and died within days of his return to Germany. His sister, also terrified for her brother, miscarried her baby. Anne says, “[Does] ICE only destroy the couple's dreams? No, their incompetence destroys an entire family.”
