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I am a us citizen. My business partner is a citizen. He has…

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Hi James. I am a...
Hi James. I am a us citizen. My business partner is a Peruvian citizen. He has a 10 year visa and comes to the US around 3 times per year to promote his tourism business and books by doing talks and practicing his native indigenous cultural ceremonies. He takes donations to help cover his travel costs while he is here - around $1500 per trip. He travels on a B1/B2 visa. Last week, he was detained at the airport in immigrations for 1 1/2 days and sent back to his home country. He is not allowed to enter the country for 5 years. The B1 visa explicitly states that you are allowed to enter to be a speaker. And accept money to cover your expenses. What recourse do we have in getting his visa reinstated?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 1 hour by:
2/2/2016
Immigration Lawyer: Expert James, Lawyer replied 2 years ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,213
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. I am James. I will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

Once you have received your answer, you will be asked to rate my customer service. This is very important. I do not get a salary here. Your rating is the only way I get credit for doing my job. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write FOR JAMES at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

If you understand that, please answer the following:

It depends on why, exactly, he was removed and found inadmissible.

What is the basis for this? There must have been some sort of document that he was provided.

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Customer reply replied 2 years ago
There is a written statement that they coerced him to sign. It says that he knew he was not allowed to work in the USA. It says that he is and was in the past on a tourist visa. His visa is clearly B1/B2 which he referred to several times and they kept saying he was on a tourist visa. The entire time they used intimidation tactics, held him in a jail cell in shackles with only a few crackers and water over almost 48 hours, with no place to sleep and it was very cold. One officer kept screaming at him and told him to shut up or he would throw him in jail for good. He did nothing but tell the truth about his spiritual visits that he does in the USA, spreading the ancient knowledge of his ancestors in traditional ceremony. This seems like religious persecution. He is also indigenous, and felt that there was racial discrimination going on too.
Customer reply replied 2 years ago
The document says:
You engaged in unauthorized employment during prior entry to the US by selling jewelry, giving speeches, performing ritual ceremonies and because you intend to engage in unauthorized employment on this trip.
Customer reply replied 2 years ago
He did have $700 worth of silver jewelry with him (and a receipt for it) that he declared in customs. His statement does say that he sells jewelry to help pay for his expenses
Immigration Lawyer: Expert James, Lawyer replied 2 years ago

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job.

Also, during this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

ANSWER: I cannot get into the details of coercion. You can't imaging the number of people who claim they were coerced, when they are subjected to questioning. Often, cultural differences can be misconstrued as coercion or abuse,when the officers are simply being stern and explaining what could happen if a person does not admit somthing, and it is found out through other means. I am not excusing their being rude or ugly to him, just trying to explain what might have happened.

Now, as far as receiving a stipend for expenses, if he travels to the US for a speaking event, he can do so in visitor status provided he gets no remuneration from a US source, other than expenses incidental to the visit. He can receive an honorarium in addition to incidental expenses provided the activities last no longer than 9 days at a single institution, the institution is a nonprofit research organization or a governmental research organization, or an institution of higher education, or a related or affiliated nonprofit entity, the activities are conducted for the benefit of the institution or entity, and he has not accepted such payment or expenses from five such institutions during the previous six month period. If the activities do not follow those requirements exactly, then he would not qualify for the B1 visa getting the donations he has been getting for expenses. In other words, collecting donations from sources other than the institution for which he is coming to speak or lecture is not permitted on the B1 visa. Why? Because there is no way to regulate or document the stipend/source of expenses.

Now, the B1/B2 visa is one and the same. A person can come as a visitor for bsuiness or tourism, on the same stamp. It is the status which they are permitted entry that determines what is allowed. Now, because he was not coming by a sponsored organization, but rather on his own accord, they determined he was on a tourist visa, instead of a business purpose visa.

Finally - this is the nail in the coffin - the fact that he had jewelry with him and he admitted to selling jewelry to pay for his expenses, he admitted to unauthorized employment.

Unfortunately, visitors are subject to the discretion of officers who inspect them. It is not a right, but a privilege, to be granted entry to the US. Therefore, the burden of proof is on him to show that he is eligible to enter the US. With that his admission and the description of what you have told me, it sounds like he did not meet the burden to the officer's satisfaction. Additionally, he admitted to engaging in unauthorized employment.

Now I do not know if he was put in expedited removal. If so, and he has a removal on his record, the only way he can get back is to first get approval of form I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal. Once he gets approval, he can then apply for a visitor visa. He likely will also have to get a waiver of inadmissibility for the nonimmigrant status by getting a Hranka Waiver.

Here is information on the Hranka Waiver: http://www.nolo.com/legal-encyclopedia/applying-nonimmigrant-visa-hranka-waiver.html.

I'm very sorry. I know he is your friend and that you want to help him. But the law and regulations only provide limited solution when an immigration violation has taken place.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

Otherwise, kindly rate my customer service with a positive rating so I get credit for doing my job. You can keep asking questions even after you have given a rating.

REMINDER: I do not get a salary here, so your positive rating for my customer service is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked; I am sure you agree that would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job.

Keep in mind, you are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

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Immigration Lawyer: Expert James, Lawyer replied 2 years ago

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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Immigration Lawyer: Expert James, Lawyer replied 2 years ago

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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