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My 17-yo son was stopped at the US border (Peace Bridge) last…

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My 17-yo son was stopped...
My 17-yo son was stopped at the US border (Peace Bridge) last Thurs and refused entry by CBP because of a misunderstanding. He is currently on the watch list and labelled a 7A1. On attempting to fly to the US the next day he was also turned back.

We were driving from Toronto to Buffalo airport for a flight to CT. A professional photographer lives there and had made us an offer to shoot my son's portfolio for free in return for using the photos to promote his business. My son is a bodybuilder and needed a professional portfolio for self-promotion, perhaps as a model although he hasn't actually done that kind of work yet.

The misunderstanding came about in this way: at the border we were asked what the purpose of the trip was, so I just told the truth rather than saying something less complex. I was asked Are you paying the photographer? I said no. Is your son getting paid? I said no. Is he a model? I said yes. Next thing we were detained for almost 4 hours and turned back. They believe that my son was deceiving them about being paid and intended to work in the US.

I called the US Consulate and spoke with an advisor, explaining everything, and he said that it wasn't anything to worry about, "just a misunderstanding". He said we could simply explain the misunderstanding and everything should be fine. So I booked another flight, out of Toronto this time, but my son was refused entry to the US by CBP once again.

How can I fix this? My son doesn't need a work visa (as CBP suggested) as he's not actually a model. I just said that he was as a quick answer, and because he intends to be one, not attaching any importance to the answer.
Submitted: 8 years ago.Category: Immigration Law
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Answered in 4 hours by:
6/29/2010
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

I would urge you to go back to the original port of entry and ask for the supervisor. I would have a heart to heart w/ the supervisor of that port and see if you can't get this straightened out.

Peter Scoma is the Chief CBP(NNN) NNN-NNNNfax(NNN) NNN-NNNN/p>

Cary Frieling - Asst Port Director CBP(NNN) NNN-NNNN/p>

 

If that doesn't work here is the link to the Traveler Redress Complaint Process

http://www.dhs.gov/files/programs/gc_1169676919316.shtm

 

 

Judith

 

The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims,

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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Customer reply replied 8 years ago
Well - I'm not too sure about this suggestion. The round trip to the original port of entry takes 4 to 5 hours. The original interview obviously didn't go well. Please explain why you believe that I could 'straighten this out' just by talking to the supervisor. Also, please advise what documentation would be considered supportive by the CBP - would a notarised affidavit by the photographer be helpful?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

My apologies, I was confused.

I had thought you were asking for suggestions on how to handle this problem which is a very, very big problem.

I gave you two suggestions based on my understanding of your question.

 

Let me ask, what is your expectation of what an expert on this site can reasonably offer you? I may not be able to meet your expectations and will opt out if that is the case.

 

Judith



Edited by Business Immigration Law on 7/1/2010 at 8:29 PM EST
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Customer reply replied 8 years ago
Hello Judith,

My expectation is for solid information that will provide, assist or direct me to a definite solution. Your profile states 30 years experience in what I need information about -- nonimmigrant legalities -- so I expect you would have likely dealt with similar situations as mine and therefore point me in the right direction.

To wit -- I expect to find a solution to my problem by asking experts such as yourself.

But now you are saying that this is a 'big, big problem' -- may I ask, why do you say that, and what is 7A1 exactly? The US Consular agent advised that it shouldn't be a big problem (although it has been). All I can say for sure it that it has been a real pain so far.

There is no criminal activity involved and no evidence of any. I simply said things the wrong way and at the time couldn't prove the truth to the satisfaction of the CBP - they chose not to believe our explanation. In other words, what was said couldn't be unsaid.

I met yesterday with a local immigration lawyer who offered to sell me a (very expensive) "Entry Package" which would allow my son to cross the border within 2 weeks. So that is an option.

In your expert opinion, do I have any other (less expensive) options that will allow him to travel in 2 weeks? I suggested a notarised document by the US sponsor - any merit to that?

Best regards



Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

My expectation is for solid information that will provide, assist or direct me to a definite solution.

 

I can't provide that kind of answer on a website of this nature. It would be really unethical to give such case specific advice when I know very little about you, your son, etc. We can give general information and guidance such as I have provided, but not the "Entry Package" you are seeking.

 

What you are seekingis more appropriate through a traditional attorney/client relationship and I will therefore opt out in this instance.

 

All th best to you and your son.

No need to answer I will sned this as an InfoRequest so as there is no "accept" button.

 

Judith

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Customer reply replied 8 years ago
I still see the reply or accept buttons.
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