nishanttotla

I wasn't going to post this on Facebook before, but in the light of recent events, I think it's important to put it out there. A lot of people like to think that as long as you have the right paperwork, you won't face trouble, that if you're traveling legally, you're fine. WRONG! US customs and immigration is an unnerving place where you have very limited rights and no access to a lawyer (not easily anyway). As recent events have shown, executive orders can create problems at any moment. Even otherwise, a lot of CBP (customs and border protection) officers don't necessarily know all the intricate rules, and have the authority to decide whether or not to let you in.
===
Two weeks ago, I flew back to the US after spending over a month outside the country, landing in San Francisco. My OPT extension was still being processed, but I had all the paperwork needed to enter (as confirmed by my company's lawyer, UC Berkeley's international office advisors, and anecdotes from others who had entered in similar situations). I was already expecting to be taken to the dreaded immigration "back room", but I wasn't prepared for what followed.
I quickly got to the immigration desk, but was immediately sent to the back room. 15 minutes later, the first officer told me that I didn't have valid status to enter the country. Big shock! I had only expected a few minutes of extra verification to clear things up. Maybe there had been a mistake? I told them that I had confirmed I was allowed to enter under these circumstances, and they claimed they weren't aware of any such rules.
I waited for maybe 45 more minutes, after which the same officer told me that things weren't looking good for me. I showed them an email from a school official that backed me up, but at this point, another officer got angry and said "If the school asked you to jump off a bridge, would you do it?". They weren't willing to listen to any explanations, and kept insisting that I could not enter the country.
An hour passed, and the entire back room had cleared up (there were nearly 30 people initially). I was the only one left waiting. I saw several officers debating what to do with me. One of the officers told me that they were not going to let me in, and that I should put my phone away. When I said that I knew others who had comfortably managed to enter in the exact same situation as me, all I got in return was "not everyone who jumps a red light gets caught".
Several nervous minutes later, the first officer came to me and asked me to fill a form that asked for a lot of personal information, including social security number. They had already made copies of all my other documents. Then he said that I was being let in conditionally -- my legal status would be shortened to 30 days, and if I failed to send all the required documentation to DHS in that time, I'd have to leave the country. What is strange, is that the paperwork I need to send in is the same as what I had on me that day.
After a 2.5 hour detention, I took whatever I got, and rushed out of the back room. As I thanked another officer on the way out, he said "don't thank me, if it were up to me, you'd be on a plane back".
===
Two days later, I went and asked the Berkeley International Office about this, and they insisted that the rules were clear -- I should not have faced issues and that the officers weren't aware of the rules. While this is a relief and things will probably get sorted out, the only reason I was able to enter was because a single officer CHOSE to let me in. I was subjected to this ordeal for no fault of mine, and the outcome could have easily been different.
===
I've sent in my documents, and hope that the DHS will respond sooner rather than later. Although, with the DHS officially choosing to be in contempt of court (wrt the stay order on the Muslim ban) and a volatile political situation, I'm not sure of what outcomes to expect. I'm hopeful things will clear up soon, but here's my advice, especially to students traveling back the US on OPT:
- Make sure you have a copy of DHS rules that apply to your situation (from a .gov link). Have the links as well as printouts of the rules ready.
- Keep backup emails, preferably from your school advisors and lawyers that support your case.
- You aren't allowed to use your phone in the back room, so in the brief moments you get before you're sent there, notify a friend or family member who lives nearby that you've arrived.
- Keep in touch with an immigration lawyer at all times, and ask your friend to contact the lawyer if they don't hear from you for an hour or more.
- Do not try to argue with or annoy CBP officers. Do not use your phone when they can look. They have the authority to take it away, and you never know when you might need it.
These are just some of my observations and deductions, but please feel free to add more. As immigration gets tougher in this country, we're going to need as much more support and awareness.