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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118236
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife who is a legal resident of the US was coming home and

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My wife who is a legal resident of the US was coming home and bringing her kids with her for their summer vacation and to see if they wanted to live here. They did not have return tickets because we were not sure if they would be here 2 weeks or 2 months depending on if they liked it here. We did have a vacation to Florida scheduled for the following week after they arrived. We went to USCIS 3 months ago to ask them if their was anything we needed to do being very careful to do everything correct. The USCIS told us exactly how to do this and we did it to the letter. The children had tourist visas and their mother her green card. When they arrived at Minneapolis airport they were questioned and they said the kids was coming to be with mom. As soon as they heard this they would no longer talk to her, or let her call anyone, they treated them like criminals and said that the kids was there illegally. I could not talk to her, customs would not talk to me or tell me anything. I found out that they were sending them back in just a brief 2 min. call from my wife while she was on the plane leaving. They Flew from Jakarta, Indonesia and when they sent them back they only flew them to Singapore, Singapore. After that we had to pay for the flight back to Jakarta, and now my wife's flight back home. This was a huge mistake that if they would have just asked a few questions and got the total facts. I am asking if I can take any action against customs in this manor or not. I did go to immigration in Cincinnati, Ohio and told them what had happened and they were disgusted at the matter and told me to just file the I-130 and after approved they do not need a visa to come here and can live here. They told me I did everything right. This was after the fact that they had already left.

They flew 36 hours to the US, set in customs for 5 hours, flew to Paris, sit for a 12 hour layover, and flew 10 hours to Singapore again. After all of this they have no idea where there luggage is. This was excessive in my opinion and my wife and I are not out almost $10,000 for all of this just because a customs agent wanted to be a superhero.

What I am asking is there anything we can do to get our money back for this screw up of US customs and border patrol?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You would need to sod a written demand and notice of claim to USCIS describing the events, what you have been told and what you did prior to them being turned around and sent back. You need to demand the cost of the flights and all of your losses suffered and demand they reimburse you for the expenses based on their negligence.

If they refuse your demand, I am afraid that you are going to have no choice but to sue them for their violation of the immigration law and refusing them entry when they met all of the legal immigration entry requirements. This suit against USCIS CBP would have to be brought in federal court and you will need to engage a local attorney to do so.

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Customer: replied 4 years ago.

I guess the only other question or maybe I should ask a local attorney if I can include the cost of the attorney in the law suit if it came to that? Also my wife who is still with the kids will go to the US embassy on Monday to see if they can do anything.


Thank you

Melvin Ritchie

Thank you for your response.

The court has the discretion of awarding attorney's fees, but it is rarely if ever done against the federal government.
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