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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 105614
Experience:  7+ years of experience handling various legal matters.
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A friend from Greece came on a tourist visa . I

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A friend from Greece came on a tourist visa for vacation. I am 67 years old and my husband is 80 years old. I have a very small business to supplement my social security which is $596./mo. I only work in the summer about two days a month for four or five months at special events when I can . My friend ( whom I've known since he was a child) who has his own business ( a Taverna in Greece) always wanted to come and visit has strong ties to his homeland since he has a business and also had a return ticket. We spend our winters in Greece and sometimes if he is very busy I help out ( with no pay ). When he said that he was coming, I said wonderful that he could help me load the truck if I had some work to do. He was thrilled that he might be able to return the favor of my helping him out these years. The trip was purely a long awaited VISIT.
After being on a plane that returned for mechanical problems and had to spend a night in London he was rerouted to Chicago instead of Charlotte.
At immigration when asked about the purpose of his trip, he said that he was going to help me out ( only because he was excited about coming here and his naiveness )
Immigration called me and asked me the usual questions the last being the purpose of his trip. I answered to visit. The agent said but he only has $500. with him. I answered that he would be staying with me and I would be providing anything that he needs. Then they said what work would he be doing. I answered no work, maybe help me load a truck. But what work would he be doing. No work, just maybe helping me out. But he only has $500. Again, what work will he be doing, he only has $500. Again, I don't know
maybe something, but I don't know. I tried over and over to explain that there is no work but they kept Saying about the $500. If he did do work, what would it be.( I started getting nervous about the $500 and thought maybe he had to have a certain amount of money to enter the country and the $500. wasn't enough. Again they kept BADGERING me and asked if he did work what work would it be? I kept saying I don't know may I would teach him to make funnelcakes. And what would you pay him for that? Reply, I don't know ( as my mind was trying to figure how much THEY wanted above the $500. as George didn't want anything only to see some of the US) I again said I don't know maybe $100/day. It would have been maybe 5 days work in 3 months. I kept trying to figure if that was going to be enough for them It was the only untruth in the entire conversation, but there was no conversation because one party listens as the other party speaks but they wouldn't let me speak. I am not exaggerating when I say that it was like GESTAPO. They took his shoes, cell phone, tablet, put him in a cell and did not allow him any communication with anyone. They stamped his passport and told him that he is never allowed back in the States. I called the number that called me and was told that he was put on a plane back to Greece because he was taking the job of an American citizen. What job????? there is no job and he wanted no money even if there was a job which there isn't. He is humiliated and embarrassed and I had the task of phoning his parents and telling them.
What are my alternatives? I started looking at some TRIP forms but they seem to be for the traveler and need information that I don't have like his passport number. I don't think that he will ever want to come and visit again after being treated like a criminal and put in a cell, but what bout his passport. Oh, and they also told him that he could apply for a Green Card but he wouldn't get it. What would he need a Green Card for?
Submitted: 7 months ago.
Category: Legal
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 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 truly sorry this happened to your friend. Sometimes they can be very difficult at the port of entry. I will assume that you already went to the following site: https://www.dhs.gov/dhs-trip Yes, you are correct, George has to fill that out and file a complaint because of the way that he was treated. As far as his passport, I am not sure what you mean. They were supposed to give it back to him when he left. If they did not, he can include that in the complaint. If you are talking about any markings they made on the passport, he can always just get a new one to replace the old one, but that won't erase any notes they made in the system. If he wants a new B-2 tourist visa, he can apply for one, but he will have to convince the Consular Officer that he was not intending to come to work in the U.S. and that the CBP officer was wrong, etc. The Consular Officer may still not be convince and may require George to file for a 212(d)(3) waiver which can either be done by the Consular 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 Again, I am truly sorry that this has happened. About the only things that you can do would be to write a signed and notarized statement that he can use with the TRIP complaint and when filing for a new visa. Also, you could contact your U.S. Congressmen and report this behavior to them and they may do something about it as well. Here is a link to get you started: https://www.usa.gov/elected-officials 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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 7 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!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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