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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102505
Experience:  Years of experience in running a medium sized law firm.
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I applied job as a customs and border patrol officer and was

Customer Question

Good afternoon , I applied for a job as a customs and border patrol officer and was found unsuitable because I'm married to someone who overstayed on there visa. My wife is currently a resident and during the process she was a resident. I've been married to my wife since February 2012 and am in the u.s navy reserves with a secret clearance since November 2012. I currently work for Tsa which is under the same agency as Cbp. I do not understand why it is a conflict. Please help me . I am able to appeal this decision but do not know how to go about it. Should I speak with a lawyer if so which type of lawyer or are you able to help me with an appeal? Please and thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year 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.

I am sorry to hear about what happened. Also, thank you for your service. Please tell me - at the time that the decision was handed down: was her status unlawful, or, was she already a resident? I just want to be sure.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
She was a resident when the decision was handed down. She has been a resident since July 17, 2012.
Expert:  Ely replied 1 year ago.

Thank you for your reply. I am afraid that you may not like the answer. Thank you in advance for not shooting the messenger.

I do not understand why it is a conflict.

It is a conflict in their eyes because you were married to someone who used to lack status. This makes you "suspect" in their eyes. It is of course ridiculous, but anyone whose family members have been in unlawful status automatically fall under suspicion. Think of it this way - if you were applying to the CIA, and your wife was a Russian citizen, wouldn't the CIA be very suspicious even if your wife had given her Russian citizenship and now had only US citizenship/residency?

Same thing here. In the end, CBP can make discretionary choices. If the agency believes that someone may be sympathetic to illegal aliens or otherwise be compromised, they can reject the application.

There is no right to work for CBP, and they can make such decisions. And you can claim it that this is discrimination based on national origin of your wife, yes, but CBP can justify it based on the fact that (1) regardless of her national origin, she was unlawful at one time and thus this makes the applicant suspect by having prior ties to an unlawful immigrant (regardless of her status now), and (2) there is no right to work for CBP - they can choose whoever they want.

Please help me . I am able to appeal this decision but do not know how to go about it.

There is no appeal process for not being hired by a government agency.

Should I speak with a lawyer if so which type of lawyer or are you able to help me with an appeal? Please and thank you

You can speak with counsel face to face. However, I doubt that it would do any good, because there is no appeal process for not being hired by the CBP.

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Customer: replied 1 year ago.
This is from the letter I receivedYou have a right to appeal our FOIA withholding determination for the documents provided to you. Should you wish to do so, you must send your appeal and a copy of this letter, within 60 days of the date of this letter, to: ***** ***** and Border Protection, FOIA Appeals, Policy and Litigation Branch,***** NE, 10th Floor, Washington, DC###-##-#### ***** the procedures outlined in the Department of Homeland Security (DHS) regulations at Title 6 C.F.R. § 5.9. Your envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS regulations are available at
Customer: replied 1 year ago.
Is there anyone that can help me with writing this appeal?
Expert:  Ely replied 1 year ago.

Understand that this dance for the Freedom of Information Act, and that means that CBP is withholding some documentation from you. You can appeal the withholding of the documentation, but not the job decision. Did you want to appeal the withholding of documentation?

Expert:  Ely replied 1 year ago.

Dance = stance

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!