Forum topics - Arrested during change of status

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13-Aug-2000 05:39 PM

Arrested during change of status

Webmaster

I've read on the Inter-L (it's a mailing list for DSOs to which I've recently subscribed) the news about a Czech girl who got arrested not far from a Mexican border. She was stopped on the street by the INS, I think. Her B-2 expired and her application for a change of status was already filed with the INS.

Most student advisors consider her to be in status according to their understanding of INS regulations. Some INS officers say that she has to be deported. She is still in jail, I think.

Does it mean that there are no definite rules for people in-between statuses? Can INS do whatever they feel like?

Is it recommended for students with uncertain status to stay away from the Mexican border?

14-Aug-2000 02:54 AM

Re: Arrested during change of status

Frank

Without knowing the full situation, I'd have to say that I agree with the opinions of the DSOs that have spoken up on Inter-l. I've always been told that a person can legally remain in the U.S. while their status for a change of visa classification is pending.

DSO's act on this premise all the time, especially when helping a B-2 tourist to change classification to F-1 (even toward the end of the person's time as a B-2). The change of status often takes months, but the person starts their classes in good faith and expectation of an eventual approval (which usually comes well after the original I-94 has expired).

If the change of status is denied, the clocks starts...
The person has 180 days to leave the U.S. without being barred for re-entry for three years. (At that point the person should just leave as soon as possible.)

Even with a denial of a petition to have your visa classification changed, it would be quite unusual for someone to be deported right away. It sounds like something is happening with this case that's rather out-of-the-ordinary.

What this person needs to show the INS is a copy of her receipt, which will include a tracking number for her case. This will prove that she has a pending application with INS. If all they saw was an expired I-94 card for a B-2 tourist, without any further information, I can see how an overly-zealous INS person might choose to detain her.

Unfortunately it takes about a month for INS to get this receipt to change of status applicants, if it gets through the mail at all. Some DSO's have this kind of INS-related mail routed to their office, rather than to the student's home. The best thing she could do would be to get ahold of her DSO and have that person fax a copy of the receipt with an explanation to the people who are detaining her.

As for the Mexican-US boarder, I suppose this type of thing would be more likely to occur there than in most other places. 'Not a good place to be without all your travel documents, or if your situation is unusual, without some way of politely explaining or varifying your situation to some INS person who may have already have a really bad day before stumbling across you.

14-Aug-2000 03:20 AM

Re: Arrested during change of status

Frank

Wow! I just went back to read the DSO's latest comments on Inter-l. 'Sounds like he's doing all the right things.

Obviouly the Deportation Officer is in a different branch from the people who consider change-of-status applications. This is an embarrassing enough case, though, that I imagine the Deportation Officer will soon be relegated to another job. (The guy apparently doesn't know his ass from third base...)

The good news is that the DSO is doing the right things. Inter-l should lead him to a regional representative of NAFSA (the National Association of Foreign Student Advisors) who would have more cloute (and connections) in dealing with INS.

I've copied the DSO's most recent note that was posted to Inter-l, for those interested in his decription of this rather nightmarish situation. I'd be surprized if this isn't resolved by Monday, though I don't think INS will be forthcoming with any public apologies (however wrong they happen to be).

Anyway, here's the DSO's most recent message to Inter-l:

Thanks so much for your outpouring of support for Pavlina. I am still beating my head against a wall with INS, who insist that clearly Pavlina is in violation of her B-2 status. The fact that she submitted a timely application for COS, they say, has no bearing. I have supplied the Deportation Officer with a copy of the INS memo available from the NAFSA website. But they say that this does not apply to her case.

I have alerted congressional offices both here in Missouri and in Texas to the situation. We'll see if they are able to do anything, meanwhile the weekend looms and it may be difficult to get her out of detention before Monday, now. Her fiance' sent a guy to my office with $750 to bail her out (her bond is $7500). So I am trying to locate a bail bonds person in El Paso who is experienced in INS detainees and the procedures necessary, and is willing to do this by long-distance. Any experienced suggestions, Region III folks?

I have spoken with INS officers who are divided on whether they think she is deportable -- interesting -- the deportation officers are unanimous that she is, the inspectors say she isn't.

I am awaiting permission from Pavlina as to whether I ought to contact her consulate. On the face of it, contacting them seems like a natural. But I am a bit concerned that she may not want me to . . . so I will feel better about it when I hear from her that it is OK. Likewise about contacting the media per many respondents' suggestions. I want to make sure it is OK with Pavlina to splatter her name and other info over the airwaves, etc. She usually calls me about this time, so I'd best get the other work toward new
international student orientation done -- for us, the program starts Monday, and I haven't finalized a few things! Pavlina's situation has so dominated my work of the past few days -- and she is still in detention!

31-Aug-2000 05:24 AM

Re: Arrested during change of status

Webmaster

I thought some people would be interested how this case has ended.

The girl was released after spending a week in jail. It turned out she did not have her passport with her and her Advisor had to send it to INS.

Her Advisor posted the following tips on the Inter-L:

"Border Patrol sets up check points as much as 80 to 120 miles WITHIN the border of the U.S. from Mexico. They stop all passers-by and check for immigration documents. Pavlina was stopped at a "permanent check point" located at White Sands Monument, New Mexico. Let your students traveling west be forewarned. They should be as prepared as if they were leaving the U.S. It really is a "Whole 'Nother Country," I guess."

And also:

"A number of people who have been following the story of Pavlina (the Czech student "detained" by Border Patrol for a week-and-a-day for traveling without documents in New Mexico (USA)) have mentioned that students need to beware when traveling near our Northern Border, too. They have mentioned border patrol check points in Maine, Vermont, and New Hampshire as much as 120 miles "inland" from Canada."

I'll be damned...

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