5 ms·
While this is a good thought, and in theory you should be correct, it is just not really how it works (I can only speak for my experiences with the US, and with
by nrmitchi 6y ago
While this is a good thought, and in theory you should be correct, it is just not really how it works (I can only speak for my experiences with the US, and with TN work status). The majority of US citizens do not understand the visa/status/immigration process. Many people seem to think that there is a list of checkboxes, and if you hit them, you can get your visa/status. In practice it does not always work that way.
The individual officer (wither USCIS or CBP) has, for the most part, full discretion each time you want to enter the US. It does not matter if you have a visa, and it does not matter if you have been admitted with the same documentation 5 times in the past. As well, the reason for your denial does not really have to be provided in a clear fashion, and there is not much of an appeal mechanism. If you were to post an opinion critical of a given administration, or a given action, and your adjudicating officer sees it and disagrees with you, there is really nothing stopping them from denying you entry based on your personal opinion.
So yes:
- it is perfectly within my rights to make a twitter post that I disagree with something.
- I should feel comfortable doing that without fear that it will be used it against me
- I do not.
- kmonsen 6y agoI discovered this with green card as well, one of the conditions to keep it is to not have permanent residence abroad. What this means is completely up to the border agent talking to you on arrival. There have been grandmas that have been away for 20 year that were fine, and there have been people coming back after 3 months that were in trouble. I once came back a month after last time and was almost denied. Border controls are just very arbitrary, and it is up to the mood of the agent.
- klipt 6y agoA border agent alone cannot rescind a green card (although there have been cases where they've tricked non-native English speakers into signing forms that do rescind them: https://www.theguardian.com/us-news/2017/jan/30/trump-travel-ban-yemenis-coerced-relinquish-green-card https://www.theguardian.com/us-news/2017/jan/30/trump-travel...). At worst they can let you in but send your case to an immigration judge who might. But the judge is an expert in the law in a way the border agent is not.
- kmonsen 6y agoTrue, but you cannot leave the court while waiting for the court case which is usually months and having this come up as a possibility is a terrifying thing. The problem is that it really matters the mood of that border agents. I have probably entered the us more than 20 times, and that one bad experience left me feeling super helpless.