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I have a friend visiting me from Europe She is a GBR citizen…

Customer Question
I have a friend...

I have a friend visiting me from Europe She is a GBR citizen Has a european passport and we had an approved ESTA

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

She arrived at DIA last night And was detained by ICE because they allege that she had to have a return ticket and was giving off the appearance of attempting to illegally immigrate here She explained that is not the case, we simply hadn't decided if she would leave late January or early February She was not allowed to speak to me or an attorney We both offered to immeidately purchase a return ticket to rectify this clerical error That too was declined She is being held and is being forced onto a plane at 15:00 today Without any chance to explain or defend herself

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She and I made a simple clerical error if it is indeed indicated that you must have a return ticket to receive an approved ESTA form. This is a simple human mistake and she is being forced to go back home when she isn't ready to return, doesn't have a place to go back to yet. We needed time to figure out where she would be living in europe. I am supporting her, sending her back is a huge waste of time and a massive toll of human misery for no reason That is all.

Submitted: 8 months ago.Category: Immigration Law
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Answered in 34 minutes by:
11/17/2017
Immigration Lawyer: Expert James, Lawyer replied 8 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,350
Experience: Write FOR JAMES to get my help!
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Is this the same person who was the subject of the same question posed by you or your mother last night?
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Customer reply replied 8 months ago

You may have heard from my parents potentially. Her name is Laura ********

Customer reply replied 8 months ago
There is simply nothing expressely stating that she needs to have purchased a return ticket to use an ESTA. It just says 90 days. Directly from the ESTA website: When traveling to the U.S. with the approved ESTA, you may only stay for up to 90 days at a time - and there should be a reasonable amount of time between visits so that the CBP Officer does not think you are trying to live here. There is no set requirement for how long you must wait between visits.There must be some way to rectify this, I do not understand why she is not being allowed to speak to anyone and why we cannot simply correct this mistake that should have been caught by both the Dutch and American governments during our inquiries. We are 100% willing to pay for a return ticket immediately, we didn't know that was required.
Immigration Lawyer: Expert James, Lawyer replied 8 months ago

Yes, I did work with either your mother or father. And unfortunately, after I answered his/her question, s/he disappeared without giving me credit for doing my job.

As far as your questions are concerned, I am happy to answer them now. But keep in mind that my job is not to tell you just what you want to hear. That does you no good. My job is to give you honest and accurate information, whether it is what you wanted to hear or not. So if you are upset about the result, please do not punish me for it with by either not giving me a rating or giving me a negative rating. I am just a messenger.

Can we agree to that?

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Customer reply replied 8 months ago
I am sorry, that response doesn't give me much reason to think you're going to be able to fight for this injustice to be set right and certainly not before she is forced to leave the country and return to an unacceptable and untenable situation. I will therfore withdrawl this item and let you continue on with more standard and transactional legal question that this site is now appearing to be set up for.
Immigration Lawyer: Expert James, Lawyer replied 8 months ago

OK. But just so we are clear, you do not want to continue because you are aware that I would not be able to provide you with the answer you want to hear or the result you hope for. Best of luck.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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