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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106211
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Trying to help a friend from Jamaica who was denied entry to

Customer Question

Hello! Trying to help a friend from Jamaica who was denied entry to US on January 25, 2016 at Chicago airport. His VISA was voided before he was questioned. He was coming on a visitors visa to visit me. The immigration officer called and questioned me and I verified I paid for the airline ticket and he wanted to know why it was only one way and told them the same thing my friend did that I was going to purchase it when he arrived for departure back to Jamaica on Feb 5 or 6 because he had to return to work in Jamaica by Feb 7. He was fingerprinted and shackled kept at the airport then transported to McHenry detention Center in Illinois and when being transported was told don't resist cause u will be shot or tazed. He said how can I resist when I am shackled. He was kicked and the immigration at the airport called him a black Jamaican scammer. They even put a Manila envelope on the table at the airport with his personal belongings saying it was his drugs. He said when I started talking
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello and welcome to Just Answer. My name is***** and I am an attorney with over 13 years of experience and I will be helping you today. You are not charged per question, per reply nor per answer, so please see this as a relaxed conversation.

I am truly sorry that this has happened. The problem is that they don't trust that a person that has the potential of a romantic relation with a U.S. Citizen will go back home on time. Have they sent him back yet?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Have they sent him back yet? Did they give him a 5 year ban or did they let him withdraw his request to enter the U.S.?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I don't understand why people come here for help and they don't respond when questions are asked of them. I will try to give you an answer without input from you, but it makes it much harder.

IF they did not give him a 5 year ban, then he can apply for a new B-2 visa to come back. Here is a link:

http://travel.state.gov/content/visas/english/visit/visitor.html

If they did give him a 5 year ban, then he would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

You could also apply for him to get a K-1 fiancé visa or a K-3 or CR-1 spouse visa if you marry him. If they gave him a 5 year ban, he would still need a waiver to come back to the U.S.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.