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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18580
Experience:  B.A.; M.B.A.; J.D.
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I am a spanish citizen currently legally in the US with a

Customer Question

Hi,
I am a spanish citizen currently legally in the US with a E-2 VISA. I am working and living near Baltimore.
Here is my case:
The president of my company (the company is based in Maryland) took a decision: I should come back to the US knowing that it was risky because I did not have a valid Visa. He took the decision against the opinion of human resources and agaisnt the opinion of an attorney.
I came to the USA and could not enter the country. I was put in custody at Phili Airport. It happened that they could not have me in custody because there were no flights to send me back to my point of origin and I was sent to ***** ***** Correctional Facility (it was a nightmare: put me handcuffs, strip registrations, given inmates bracelet, pants,....). I stayed inside the prison for about 16 hours. The following day I was sent back to my country. In prison they have all my records and please read below the following chain of emails to prove it:
Intervinients:
President
Employee
HR Director
----------------------------------------------------------------------------------------------
On Jan 2, 2016, at 1:07 PM, Employee wrote:
The flight departed 2 hours ago.
Should I get in the 1st flight available?
Employee
--------------------------------------------------------------------------------
From: President
To: Employee
CC: HR Director
Subject: Re: Coming back tomorrow?
Date: Sat, 2 Jan 2016 12:00:00 +0000
We do not have any information when the interview will be done. The process could be months. We cannot afford it.
We take the chances as we discussed.
President
-----------------------------------------------------------------------------------------
On Jan 2, 2016, at 11:29 AM, Employee wrote:
Human resources director,
As per your instructions and the attorneys I should wait to do the interview at the US embassy and should not come back tomorrow because of the risks of not being allowed to enter the US.
Any news? Should I travel tomorrow?
Please advise,
Regards,
Employee
--------------------------------------------------------------------------------
From: Human resources director
To: Employee
Subject: Re: Any news?
Date: Tue, 29 Dec 2015 16:22:38 +0000
Hi ,
I still have not heard anything.
Thank you,
Human resources director
--------------------------------------------------------------------------------
From: Employee
Sent: Monday, December 28, 2015 6:45:21 PM
To: ***** ***** Director
Subject: Any news?
Hi,
Any news about the interview at the US embassy? Any idea about when will.I come back?
I will need a couple days to pack everything before getting into a plane.
Thnx,
Happy new year
Employee
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

I am so sorry to read about your difficulties and especially that you were detained because your company insisted that you come to the U.S. when the time was not good for you to come in.

You would need an Attorney who handles civil litigation cases to make a demand to the employer to compensate you for the trouble the employer caused for you with immigration. Then, if the employer refuses to pay, the Attorney can file a lawsuit against the employer.

You can use the following sites to find local Attorneys who handle civil litigation cases:

Lawyers.com

Justia.com

Findlaw.com

This site does not offer legal representation.

Goodluck with your case.

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