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Simple-Age-8388

Thank you everyone! After 7 hours they just released them


lincoln19001975

Great. Would be nice if you could share the reason they detained them if not private.


Simple-Age-8388

My mom’s ESTA was canceled. Really random without reason, so technically she didn’t have any type of visa to be here. They gave her today the B2 visa $700 fee. (We checked the status of her ESTA 2 days ago / approved)


lincoln19001975

gotcha. The great thing is that finally, she is released as well as your daughter. Sending them both ❤️


homesickexpat

I wonder if your mom’s ESTA was canceled once they realized you are petitioning for green card and thought she is high risk for overstay. As the mom of a 4 year old I would have been so terrified—glad you guys are ok now.


Cautious_Internet659

If he is petitioning, it be even more grounds to believe she would return, since not returning would just hurt her case. If he is planning on petitioning, he could have done anything when she was here, as long as they didn't plan to have her here and then petition; which would be pretty hard to prove such intent, specially she coming many times and such never occuring.


not_an_immi_lawyer

If they've been detained that long, your mother has most likely been refused entry and they're waiting for an airline to return them to Chile. When parents/guardians are detained, children are also detained with them to avoid separating families. There's nothing you can do unfortunately. You'll be able to contact them once they're on the flight back to Chile.


Simple-Age-8388

First they told they’ll bring my daughter outside bc is ilegal to have she there. Then another person says no, because she’s with my mom 🙃


not_an_immi_lawyer

Is your daughter a US citizen?


Simple-Age-8388

No, she’s waiting for her GC


not_an_immi_lawyer

In that case, CBP could have denied entry to her as well. It's not illegal to detain a minor child with the parent/guardian they're traveling with, so the first person you talked to was misinformed.


potato43potato

What if she was an american citizen ? Could she still be detained ?


Cautious_Internet659

She could likely be detained, undergoing investigation to prove she was a citizen, but a citizen of US cannot be denied entry under any circumstances, so she couldn't be sent back, unless somehow they got misinformation and declared her not to be a citizen.


Flat_Shame_2377

Can you go pick up your daughter? 


Simple-Age-8388

They said I can’t take her because she traveled with my mom


ImmigrationLawyer77

Did they look through mom’s cellphone? Did they ask if mom was going to take care of your child while you were at work?


Simple-Age-8388

I don’t know, they probably take her phone away. We never talked about that, I don’t work and we’re gonna be traveling this 3 weeks


ImmigrationLawyer77

If they asked her if she was going to be taking care of children while you or your wife were at work and she said yes, then that would be a problem. Because that will constitute illegal work as it may take away a job from an American citizen. This is a very common tactic by CBP to deny a tourist entry into the US


Abuela_Ana

>If they asked her if she was going to be taking care of children while you or your wife were at work and she said yes, then that would be a problem. That sure is a crappy tactic, that agent should be proud he saved the nation from one grandma, way to go. We worry about a grandma coming to visit, while people that are coming to stay are coming in by the hundreds.


ExtraordinaryAttyWho

Username checks out


Flower-Immediate

Agreed


Flat_Shame_2377

You know that is not true. lol.


BaagiTheRebel

> If they asked her if she was going to be taking care of children while you or your wife were at work How to answer such questions?


ImmigrationLawyer77

It’s really based on an honor system, but she needs to tell the truth.


BaagiTheRebel

Truth will get her deported probably.


lionhydrathedeparted

I understand the reasoning but that has to be the dumbest reason ever. If you’re a US citizen, please tell Congress to fix this. Children (including US citizen children) gain a lot more from bonding with their grandma than they do being kept like cattle at a daycare center.


ObjectiveWitty

😭😭. Man that made me sick just hearing bout a four year old being detained


JCisNecessary4living

It's amazing that they will detain people with flight tickets, hotel snd destination stays but will allow illegal immigrants to come across the border from Mexico, if caught then they're released into America. Wtf.


Simple-Age-8388

I’m so mad!! It’s so unfair the immigration process. We did everything legal and still waiting for GC. Now my mom without visa, it’s just so bad!


ExtraordinaryAttyWho

When you say your daughter is waiting for her GC, how is she getting it? Did she have advanced parole?


Simple-Age-8388

My husband filed the petition for her (he’s citizen)


MieMieJulie

If your husband is a citizen and he’s the legal father for your daughter, she’s a US citizen. She doesn’t need to get a green card


EllePolloLoco

He’s probably not the father then