STORIES OF ABUSE BY PORTLAND INS OFFICE CONTINUE TO SURFACE Even after the resignation of David Beebe, the Director of the Portland INS office, stories continue to surface that indicate that problems in that office may run far deeper than him, and are not confined to the airport inspectors. The story of Claudia Young, a German national married to a US citizen, is nothing short of appalling. Claudia and her husband Rick moved to Oregon early last year. Claudia entered on the Visa Waiver Pilot Program, which allowed her to stay for 90 days. Entrants of the VWPP are not allowed to change their status in the US, which led to the troubles.
More than a year after she entered, Border Patrol agents came to their house. They told her that because she overstayed her visa, she was illegally in the country. She showed them her application for permanent residency, which she was preparing to file. Whether Claudia misunderstood or whether the Border Patrol gave her incorrect information is not clear, but she thought she could go to the INS office in Portland and file her application. When she went to file the application, the INS office told her that the Border Patrol should have arrested her.
A few days later the INS arrested her and detained her. The next day she was strip-searched twice. Two days later she was deported and barred from reentering the US for 10 years. Claudia is the mother of a 13-month old girl who she was breast-feeding. The INS would not let her take her child because she did not have a passport. No one told the couple that they could make an expedited application for a passport. Now she is struggling to get by in Germany, and her husband is also facing financial difficulties as he cares for their daughter.
Claudia’s treatment came before the implementation of a new policy in Portland that allows INS officers to investigate every possible avenue of relief for the spouses of US citizens. Before this policy was announced, the Portland INS office did not exercise any of the discretion it was allowed.
Rick Young lived in Germany for 20 years before returning to the US with his wife and child, and he could return there. But he feels he should not have to. The couple saved for years to be able to move to the US, and he thinks he and his wife should be able to live here. They can apply for a waiver of the ten-year bar, but it is an expensive and time-consuming process.
This case marks a significant shift in the way the Portland INS office deals with the deportation of spouses of US citizens. A memo issued September 13 by beleaguered District Director David Beebe (who just this week announced his resignation, see the article earlier in the bulletin at www.visalaw.com/00sep5/4sep500) calls for INS officers to examine every possible form of relief before deporting the spouse of a US citizen. It is expected that this memo will lead to the Portland office being able to exercise more discretion than most other offices. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
