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  • Detention at airport

    Hi, I have been in US on H1B or last few years. Last week when I returned from vacation from India (with my wife), my younger brother also accompanied me to visit US for tourism purposes. He is on B2 visa. He is in his mid 20s and is working in India. At the PoE when asked for how long he wants to stay in US, he replied 6 months. We wanted 6 months so that he can visit most of the tourist places in US. He has taken long unpaid leave. The officer stamped my I-94 but was not convinced for my brother's 6 month stay and he sent us for secondary examination. The secondary officer asked lot of questions and we were detained for around 4 hours. During which he asked if I my employer has filed GC for me and I think he even looked into my GC application, status etc on his computer. Finally when I showed him the "affidavit of support" document duly filled and signed by a notary, he allowed by brother to stay for 6 months.

    My questions are:
    Q1. Can this detention have any negative impact on my GC process? Should I inform my company's attorney (who looks after my GC process) regarding this incident?
    Q2. Can it cause any problem next time when I enter US?
    Q3. My brother will leave within 3-4 months well before 6 months. Will this detention cause any issue for him when he visits US next time?
    Q4. Is there anything else to worry about due to this detention while my brother is here in US? This was the first time that such thing occured to our family and we are very nervous.

    Any help will be highly appreciated.

    -Thanks

  • #2
    1. Secondary inspection is not detention. Were you put in a holding cell? No impact on GC.
    2. Not unless something else is amiss.
    3. Depends on the reason, duration and timing of the visit. In short, POE officer felt that he was a potential immigrant for them to make him go through all the additional scrutiny.
    4. Your brother should establish ties to his home country as required for any B1/B2 visit. His age and travel along with you caused the potential immigrant scrutiny.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Can you please mention which airport it was. I too went through a similar situation 6 months back at Detroit airpot..

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