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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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One of my friend(Japanese) was refused to enter US because

Customer Question

One of my friend(Japanese) was refused to enter US because CBP suspected that his activities in US would beyond his VWP, though he did not.
He wanted to submit a complaint towards CBP, what is the time limitation for the complaints?If the complaints is denied, how long do he has to file a lawsuit against CBP for that?
What is the statute of limitation he could file a lawsuit against CBP for this case? and under which law regulation? thank you!
Submitted: 2 months ago.
Category: Personal Injury Law
Expert:  Longhorn Lawyer replied 2 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

As to your question, he does not have a right to enter the US. In fact, he could have just been denied for no reason.

So on what basis would he be filing a suit? What is he suing for? What does he want to get out of the lawsuit?

Expert:  JACUSTOMER-da5ijpa1- replied 2 months ago.

I was not aware that you are in Delaware. The state of Delaware has significant differences than most other states- and that works in your son's favor.

If the only thing he was found with was the empty bowl, then he is only facing the possibility of paying a fine- it's usually around the amount of $100, plus any additional court costs and fees.

Expert:  JACUSTOMER-da5ijpa1- replied 2 months ago.

I hope that is helpful! Please let me know if you have any further questions, and best of luck to your son!

Also please take a moment before leaving the page to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. This does not cost anything extra to you. Follow-up questions asked in this thread also do not cost anything additional after leaving a positive rating. Thank you!

Customer: replied 2 months ago.
Thank you James!
He was Detained for 7 hours for questioning at CBP, the officer said that he conducted business in US, which he did not. Even though He refused to signed the on the statement because some of the content in it just made up by the officer, not his own words. But he was forced to leave his fingerprint on it as his hand was graped and forced to signed by the officerd. Finally, During the questioning, the officer emphasized several times that"your guys should be grateful for the VWP from us "
His VWP was canceled by the CBP and refused to enter US that day.
He has all the evidence to prove he did not conducted business in US. So he wanted to to complaint and get VWP back first, If denied, he wants to file a lawsuit towards CBP about their misconduct and racial discrimination.
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your previous expert has opted out and I have opted in. On this website, I do not always get to give good news, and this is one of these times.

There is no right to enter the USA, even if one has a visa. The border authorities (CBP, ICE, USCIS, and others) have discretion on whether to allow someone in. So a person can be turned away by the authorities. Period.

In order to file a lawsuit, one would need a cause of action rooted in state common law actions or federal statutes. CBP's actions do not amount to illicit conduct under common law actions or federal statutes. The US government does not have to let anyone in. If CBP has reason to believe that a person may overstay their visa, have dual intent, or otherwise, then they may be denied entry.

Anyhow, he has an unlimited time to file the complaint - see HERE:

However, I doubt it would lead anywhere because CBP did not violate any laws. And he cannot file a lawsuit because - again - CBP did not violate any laws by refusing him entry because a foreign citizen cannot demand entry into USA. Even with a Visa Waiver Permit. A VWP simply states that the person does not have to petition the US Consulate/Embassy for a visa prior to flying to USA. However, they would still face the same discretionary entry decision whether with a VWP or on a B2 visa, for example.

All of this has been adjudicated and confirmed by case precedent in USA in cases such as Sabataityte v. Powell, Saavedra Bruno v. Albright, and Hermina Sague v. United States, amongst others.

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