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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105675
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My son was reused entry to the US last week at LAX in

Customer Question

Hi My son was reused entry to the US last week at LAX in accordance with INA section 217. R27048. He was escorted to a plane after being held and questioned for 12 hours. He arrived home some 48 hours after he left. We have no idea why this happened and he was not given a reason other than "suspicion". He is a student who has worked part time for a few years to fund this trip which was to last just under the 90 days allowed by the visa waiver program. We are going to appeal. Once he arrived home we immediately started to plan a trip to Europe instead. We are concerned that this stamp the US customs officer put into his passport that clearly shows he was denied entry will result in trouble for him in entering Europe. Do you think it will be an issue for him?
JA: Huh? What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: No.
JA: Have you talked to a lawyer yet?
Customer: We have an appointment later today.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I am so sorry that this has happened to you? What country is he from? Does he have anything in his background like arrests or anything like that? What type of questions did they ask him? What were his responses?

Customer: replied 4 months ago.
He is Australian. He has nothing in his background of any sort.....not even a parking ticket. They went through his Facebook page and picked on a call out to friends in America (we had lived in the US for 7 years but returned home some 10 years ago) that he would cook and clean for them if he could have free accommodation. They then questioned him over his bank account.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

How was he able to stay in the U.S. for 7 years? He was a student? And basically, they believed that he worked in the U.S. without authorization?

Customer: replied 4 months ago.
WE lived there as a family. He was 4 when we moved over there.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok, but what status did he have while you were all living in the U.S.? And how old was he when he left? And they believed that during that time he worked illegally? Or they believed that during the planned trip he was going to work illegally (even just for lodging)?

Customer: replied 4 months ago.
ok. Will what happened and the stamp in his passport hinder him getting into Europe?
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Well, I sort of need to know why he was denied entry. Was it because they believed he was working without authorization previously or they believed he was planning to work without authorization Or was there some other reason that you can think of?

Customer: replied 4 months ago.
We don't know the reason. He was only told he was under suspicion and therefore denied entry. It seems you can not help me but thanks for your time.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Please don't assume that I cannot help you. Was he given a 5 year bar or was he allowed to withdraw the request to enter? I have to assume he was given a 5 year bar. Also, what country in Europe does he plan to go into first?

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

I would love to help you, but without more details from you, it makes it difficult. Denial of entry into the U.S. because they felt that he was going to work in the U.S. does not necessarily mean that he would be denied entry into Europe. I think to increase the chances of him entering, he should probably go first to a country in the European Union that may not be too strict with inspections upon entry like perhaps Greece. Once he's in, it is easier to move around. As far as getting back into the U.S., he could apply for a new B-2 visa. If he was given a 5 year penalty, he would also need a waiver if he wants to come back within that 5 year penalty. After the 5 years, he would not need a waiver, just the visa.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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