Has anyone successfully appealed to the supervisor at POE to overturn ban?

[netsatwork 0]

I know this is a long shot, but I was talking with my fiancee tonight about details of her detainment in Dallas customs. Apparently she talked with the supervisor for a little while about her situation and he, having a Japanese wife himself, seemed sympathetic to her troubles. He actually consoled her a bit and told her that things would be ok and she could get back in with a fiancee visa, etc. Granted, he did all this and still approved a 5-year ban, but I don't know if they have any flexibility on that.

From what I understand, the waiver process is one way to remove the ban, but there is also the unlikely way of appealing to the supervisor at the POE. Is this even worth a try? What would be the drawbacks to attempting it? Any thoughts?

[Otto 83]

It is doubtful that a CBP officer has an say in a ban/no-ban situation.

Would you care to clarify why there was a ban?

[Penguin_ie 5,993]

I think you can only appeal to the supervisor at the time of the ban, when you are actually at the PoE (a "can I speak to your manager please?" sort of situation), not after the fact. Once that stamp is in your passport, waiver is the only way.

[canadian_wife 1,822]

I'm sorry, but very little can be done. Take a look at the link below, once the alien has been deem inadmissible and expedited removal has been ordered, it is done so without a right to a hearing or an appeal, this includes administrative appeals.

It's section 302 - it also explains the purpose of the waiver as well.

Good luck.

http://www.americanlaw.com/1996law.html

[netsatwork 0]

I'm sorry, but very little can be done. Take a look at the link below, once the alien has been deem inadmissible and expedited removal has been ordered, it is done so without a right to a hearing or an appeal, this includes administrative appeals.

It's section 302 - it also explains the purpose of the waiver as well.

Good luck.

http://www.americanlaw.com/1996law.html

Ahh...I see. I was not aware of that. I was just going through all my posts and found that option mentioned. I am just trying to look at any avenues possible. Thanks for the info and links.

[netsatwork 0]

sorry, double post.

Edited July 17, 2009 by netsatwork

[emt103c 10]

I think you can only appeal to the supervisor at the time of the ban, when you are actually at the PoE (a "can I speak to your manager please?" sort of situation), not after the fact. Once that stamp is in your passport, waiver is the only way.

Not true.

[Chica Yeyé 41]

Seriously --- Laurel Scott told you -and we did as well- that your case will be a very very complicated one; with a possible charge of misrepresentation to answer for. I cannot believe you are considering to risk a denial of entry or anything that will cause you and your fiance any more grief. Laurel gave you the best possible advise: you should take it dead seriously. Why? Because this is something that will alter the rest of your lives; and the most insignificant detail WILL BE looked upon with a 1000x magnifying glass.

So stop trying to curtail, maneuver, try-to-make-it-not-count, etc. You don't have wiggle room. You know that, right?

[canadian_wife 1,822]

Goodness! Really emt? That is excellent news, could you explain more? I am so sorry if I misunderstood my interpretation of the link I posted.

I think you can only appeal to the supervisor at the time of the ban, when you are actually at the PoE (a "can I speak to your manager please?" sort of situation), not after the fact. Once that stamp is in your passport, waiver is the only way.

Not true.

[TBoneTX 45,304]

Laurel Scott told you

Uh, attorney/client privilege, anyone, or was this made public before, and by the OP?

[Otto 83]

Laurel Scott told you

Uh, attorney/client privilege, anyone, or was this made public before, and by the OP?

Disclosed in another of the OP's threads...

[diadromous mermaid 36]

Well, only if Laurel is his attorney.

Laurel Scott told you

Uh, attorney/client privilege, anyone, or was this made public before, and by the OP?

[Chica Yeyé 41]

Laurel Scott told you

Uh, attorney/client privilege, anyone, or was this made public before, and by the OP?

Disclosed in another of the OP's threads...

Exactly right.

[emt103c 10]

Goodness! Really emt? That is excellent news, could you explain more? I am so sorry if I misunderstood my interpretation of the link I posted.

I think you can only appeal to the supervisor at the time of the ban, when you are actually at the PoE (a "can I speak to your manager please?" sort of situation), not after the fact. Once that stamp is in your passport, waiver is the only way.

Not true.

I read an article, which I have had no luck re-locating tonight. . .that stated one particular law firm (I seem to remember Chang and Boos) had had some success with overturning the decisions by appealing to the POE. . .when I searched for the article, all I found were ads for lectures by Chang and Boos on the topic.

In another post I told the OP that this is not a likely successful manner of appealing it, and that the waiver is the way to go. I actually tried appealing to the POE and while they acknowledged that it could be done, they told me I did not have, basically, a chance in Hell.

[netsatwork 0]

OK thanks.

Len, also please note that this post was made BEFORE I talked the Laurel. I was trying to gather all information I could for preparation before I talked to her. I want to explore all possibilities for this.