Canadian Citizen removed with 5 year ban - unique situation

[webman 5]

I was denied entry to the US and removed for misrepresentation at the border. I have a friend of 13 years in NC. He registered a business a few years ago and is opening a store. I have helped him many times with contracts for the business and went down a month ago to help him get the store ready with renovations etc. I wasn't paid for this. 2.5 years ago I was in NC and helped him with his contract at the police dept. I set up and designed their network and security. I am an IT professional engineer with exceptional skills and knowledge in high security systems.

I was going back down to give him a hand again, and also do some fishing and hang out with my friend. I had a nexus card and never had trouble getting into the US before.

The goal is to get a visa eventually so I can go down there and work. However since this is a new business, there's no money being paid to me. I'm simply helping him get off the ground and I was going to stay with him at his place for maybe 3 weeks.

CBP made me go inside and searched my car. they found my IT certifications in my suitcase that I was giving my friend to put up in his store. So naturally they called my friend in NC. He told them exactly what I said above. He also said that we were looking into the proper work visa process when the time came that I would be able to work in the US.

Well, CBP detained me for 9 hours and told me that my friend said I was going there to work for 60 to 90 days and I was going to be paid a salary of $40,000.00 to $60,000.00 a year. Then they processed me and told me I could go to jail etc. They made me say a sworn statement that I was going to work in the US and I didn't have the proper visa. They took away my Nexus card and sent me back to Canada and banned me for 5 years.

While I was detained, I wasn't given anything to eat or drink. I wasn't in a cell but in the public lobby of the CBP office. They asked me if there was anyone they could contact for me to let them know I was ok. I gave them the phone no. for my fiancé. An hour later the supervisor came back and told me he spoke to her. When I talked to her after I was released, she never got a call from CBP. I have no criminal record and Canadian gov security clearance and I was treated like a criminal.

I even have active Canadian federal government security clearance and CBP told me it didn't matter. I feel that I was mis-treated, lied to several times and the CBP fabricated a story about me going to work for a job that didn't exist yet. If I didn't agree to their "story" I was threatened that I would go to jail and appear in front of a judge.

When I was being released, the CBP officer told me I could file a 212 waiver if I wanted to come back before the 5 years, but not to bother applying before 2.5 years.

I can get a sworn statement from my friend in NC and a statement from the police chief in NC that knows me well, but I'm not sure if this is worth it anymore. I feel this will be a long and costly process to defend myself against something that could have been easily cleared up instead I was prosecuted and judged based on a story the CBP fabricated from a few facts.

[aaron2020 11,651]

I was denied entry to the US and removed for misrepresentation at the border. I have a friend of 13 years in NC. He registered a business a few years ago and is opening a store. I have helped him many times with contracts for the business and went down a month ago to help him get the store ready with renovations etc. I wasn't paid for this. 2.5 years ago I was in NC and helped him with his contract at the police dept. I set up and designed their network and security. I am an IT professional engineer with exceptional skills and knowledge in high security systems.

I was going back down to give him a hand again, and also do some fishing and hang out with my friend. I had a nexus card and never had trouble getting into the US before.

The goal is to get a visa eventually so I can go down there and work. However since this is a new business, there's no money being paid to me. I'm simply helping him get off the ground and I was going to stay with him at his place for maybe 3 weeks.

CBP made me go inside and searched my car. they found my IT certifications in my suitcase that I was giving my friend to put up in his store. So naturally they called my friend in NC. He told them exactly what I said above. He also said that we were looking into the proper work visa process when the time came that I would be able to work in the US.

Well, CBP detained me for 9 hours and told me that my friend said I was going there to work for 60 to 90 days and I was going to be paid a salary of $40,000.00 to $60,000.00 a year. Then they processed me and told me I could go to jail etc. They made me say a sworn statement that I was going to work in the US and I didn't have the proper visa. They took away my Nexus card and sent me back to Canada and banned me for 5 years.

While I was detained, I wasn't given anything to eat or drink. I wasn't in a cell but in the public lobby of the CBP office. They asked me if there was anyone they could contact for me to let them know I was ok. I gave them the phone no. for my fiancé. An hour later the supervisor came back and told me he spoke to her. When I talked to her after I was released, she never got a call from CBP. I have no criminal record and Canadian gov security clearance and I was treated like a criminal.

I even have active Canadian federal government security clearance and CBP told me it didn't matter. I feel that I was mis-treated, lied to several times and the CBP fabricated a story about me going to work for a job that didn't exist yet. If I didn't agree to their "story" I was threatened that I would go to jail and appear in front of a judge.

When I was being released, the CBP officer told me I could file a 212 waiver if I wanted to come back before the 5 years, but not to bother applying before 2.5 years.

I can get a sworn statement from my friend in NC and a statement from the police chief in NC that knows me well, but I'm not sure if this is worth it anymore. I feel this will be a long and costly process to defend myself against something that could have been easily cleared up instead I was prosecuted and judged based on a story the CBP fabricated from a few facts.

Hi,

Here to help you.

You were not mistreated.

You and your buddy f--ked up.

When you helped your buddy set up his business by doing renovations and IT work, you illegally worked in the US. Contractors and IT workers in the US would agree that you took work away from them.

The fact that you didn't get paid does not mean you did not work illegally in the US.

You now have to face the consequences for working illegally in the US.

Sorry, but there is nothing you can do.

[Harpa Timsah 13,258]

Yeah, you worked illegally in the US. You did work.

If you get a proper work visa to do work then there are waivers. Up to your employer buddy to figure it out, needs to hire lawyers.

There is also a non-immigrant waiver if you want to get a real tourist visa, the consulate can recommend it for you if they think you are eligible. I think you would need that to visit again.

Good luck.

[Hypnos 6,578]

They made me say a sworn statement that I was going to work in the US and I didn't have the proper visa.

If I didn't agree to their "story" I was threatened that I would go to jail and appear in front of a judge.

Then you go to jail and appear before a judge, rather than agreeing to something you believed not to be true. They were pressuring you into admitting something that they believed (regardless of whether it was true or not; you say it wasn't, they say it was). If they had accused you of murder would you have agreed to that as well? There's a good chance they were simply bluffing (which they are allowed to do) with the aim of getting you to admit it, which they successfully got you to do.

It sounds like you were going to be performing what according to the legal definition would have been work. CBP suspected it, and strongarmed you into admitting it.

Either way, you're beyond the scope of a DIY form now. You should consult with a lawyer experienced in waivers, but given that you voluntarily signed a document admitting your violation, I wouldn't be holding your breath.

Never, ever, ever sign anything you do not agree with 100%. They (the police, CBP, heck even an agreement for a store card) want your signature because it makes things a million times easier for them. A week ago I had to sign something for my own lawyer and I sat there for ten minutes reading it before I did so, and if I hadn't agreed to it completely I wouldn't have. Did it annoy her having to wait? I have no idea, nor do I really care about that, because if I'm putting my name on something then it's ultimately my ####### on the line if something goes south.

Edited June 11, 2014 by Hypnos

[webman 5]

Thanks for your reply. I didn't know that working for free would be considered working in the US? I have not found any resource on the internet that says that.

I also wasn't the only one helping! There were 2 other people (also friends) that are US citizens who were also helping for free. People still do that you know!

So, because I'm Canadian and was helping my friend for free it's a criminal act. But if other US citizens help him for free it's ok? So he can only accept free help from a US citizen! This makes no sense.

The certificates were being given to my friend to put up in his store. If I was planning on working in the US for a salary or being paid I would have applied for a work visa. I didn't know that volunteering help to a friend was a criminal offense.

My friend worked as a contractor himself so he was doing the work himself. He offered to give us beer and pizza for helping him. That's not taking work away from a contractor! I was even planning on paying for some of the materials to help him get on his feet and get the store open. I really don't see how I was taking away an opportunity from a US citizen.

Hi,

Here to help you.

You were not mistreated.

You and your buddy f--ked up.

When you helped your buddy set up his business by doing renovations and IT work, you illegally worked in the US. Contractors and IT workers in the US would agree that you took work away from them.

The fact that you didn't get paid does not mean you did not work illegally in the US.

You now have to face the consequences for working illegally in the US.

Sorry, but there is nothing you can do.

[Caryh 5,206]

USA law enforcement officials are allowed to lie to suspects in order to get a confession. This is standard operating procedure now.

The work you intended to do, was work that could have been paid for had you not done it, and you yourself admit one day you hope to work for him. You cannot do work for free that takes work away from a citizen or legal resident. You also cannot do work that would normally be paid for in the hopes to one day be working for pay when you can legally work. Your chances of fighting this and winning are equal to zero.

[webman 5]

I'm certainly learning a lot by reading this thread. However, I am Canadian and familiar with Canadian laws, not US laws. In Canada if someone comes up here from the US to help someone without being paid, there isn't a penalty for it. I personally know many people who have helped friends and family do renovations etc from England, USA and other countries and they can still come back to Canada.

My friend in the US wasn't aware of this law either, and he should have done some research and informed me from what I'm gathering here.

Nonetheless there's nothing I can do. I can file a 212 waiver, but from what I researched it's like basically making a $585 donation because getting the waive is next to impossible and even with the waiver they can deny me entry without a valid reason.

It seems that no one can make a mistake and everyone from other countries needs to know US law before visiting the US. And you have no rights in the US if you aren't a permanent resident or US citizen.

[Harpa Timsah 13,258]

You don't just file a waiver randomly. You can pursue waivers in conjunction with the pursuit of a visa. If your friend wants to get a visa for you, then you apply for the visa, get denied, and file a waiver. For permission to visit again, there is a non-immigrant waiver that is free.

I am not totally sure that I-212 is the right waiver anyway.

[aaron2020 11,651]

Thanks for your reply. I didn't know that working for free would be considered working in the US? I have not found any resource on the internet that says that.

Read this; http://www.usavisanow.com/h-1b-visa/h1b-visa-resources/uscis-views-on-volunteering/

I also wasn't the only one helping! There were 2 other people (also friends) that are US citizens who were also helping for free. People still do that you know!

I know that. People I know help each other all the time. However, none of them worked illegally in the US.

So, because I'm Canadian and was helping my friend for free it's a criminal act. But if other US citizens help him for free it's ok? So he can only accept free help from a US citizen! This makes no sense.

It makes absolute sense. Canadians are not authorized to work in the US. US citizens are authorized to work in the US. See the difference? Why should the US treats you like a US citizen?

The certificates were being given to my friend to put up in his store. If I was planning on working in the US for a salary or being paid I would have applied for a work visa. I didn't know that volunteering help to a friend was a criminal offense.

Working in the US illegally is not a criminal offense. It is a civil infraction. Refusing you entry at the POE is not the same as an arrest and putting you in jail. Since a foreigner has no rights to enter the US, CBP can detain you for inspection.

My friend worked as a contractor himself so he was doing the work himself. He offered to give us beer and pizza for helping him. That's not taking work away from a contractor! I was even planning on paying for some of the materials to help him get on his feet and get the store open. I really don't see how I was taking away an opportunity from a US citizen.

If you hadn't done the work, who would have done it? A US citizen perhaps.

You see yourself as "helping" while CBP see it as "illegal work."

This is a legal distinction. Not one based on common usage of the concept of work and volunteering.

You need to read the legal definition of what is work versus helping in the US codes.

[Ontarkie 14,375]

I'm certainly learning a lot by reading this thread. However, I am Canadian and familiar with Canadian laws, not US laws. In Canada if someone comes up here from the US to help someone without being paid, there isn't a penalty for it. I personally know many people who have helped friends and family do renovations etc from England, USA and other countries and they can still come back to Canada.

My friend in the US wasn't aware of this law either, and he should have done some research and informed me from what I'm gathering here.

Nonetheless there's nothing I can do. I can file a 212 waiver, but from what I researched it's like basically making a $585 donation because getting the waive is next to impossible and even with the waiver they can deny me entry without a valid reason.

It seems that no one can make a mistake and everyone from other countries needs to know US law before visiting the US. And you have no rights in the US if you aren't a permanent resident or US citizen.

Actually they cannot come to Canada to help, it is illegal and can lead them to a ban also. Just because they haven't been caught doesn't mean it's allowed.

[Caryh 5,206]

I'm certainly learning a lot by reading this thread. However, I am Canadian and familiar with Canadian laws, not US laws. In Canada if someone comes up here from the US to help someone without being paid, there isn't a penalty for it. I personally know many people who have helped friends and family do renovations etc from England, USA and other countries and they can still come back to Canada.

My friend in the US wasn't aware of this law either, and he should have done some research and informed me from what I'm gathering here.

Nonetheless there's nothing I can do. I can file a 212 waiver, but from what I researched it's like basically making a $585 donation because getting the waive is next to impossible and even with the waiver they can deny me entry without a valid reason.

It seems that no one can make a mistake and everyone from other countries needs to know US law before visiting the US. And you have no rights in the US if you aren't a permanent resident or US citizen.

That sounds about right actually. Not being aware of the law, I kind of doubt would get me off the hook if I visited Canada either, if I got caught breaking one.

I think visiting someone and giving them a hand in their personal home is a lot different than visiting someone, helping them set up a business, including professional documents about your professional standing and certifications to display in that business, is just a slightly different can of worms to. Too bad you didn't scan them and email them. You probably wouldn't have set off all types of red flags at the border.

[aaron2020 11,651]

I'm certainly learning a lot by reading this thread. However, I am Canadian and familiar with Canadian laws, not US laws. In Canada if someone comes up here from the US to help someone without being paid, there isn't a penalty for it. I personally know many people who have helped friends and family do renovations etc from England, USA and other countries and they can still come back to Canada.

Just because someone violates the law means he will be caught. Lots of people work illegally and successfully return to the US because the US government didn't know about the illegal work. In your case, they do because you brought the evidence with you in your car.

My friend in the US wasn't aware of this law either, and he should have done some research and informed me from what I'm gathering here.

Tru dat! He could have helped you out, but it is still your responsibility to know what conducts are legal and illegal for you in the US. You cannot assume that you have the same rights as a US citizen.

Nonetheless there's nothing I can do. I can file a 212 waiver, but from what I researched it's like basically making a $585 donation because getting the waive is next to impossible and even with the waiver they can deny me entry without a valid reason.

It seems that no one can make a mistake and everyone from other countries needs to know US law before visiting the US. And you have no rights in the US if you aren't a permanent resident or US citizen.

This is true of every country. Foreign visitors are responsible for their conducts. Ignorance of the law is not an excuse. And why would you expect a foreigner now authorized to work to have the same rights as an LPR or US citizen to enter the US? As a foreigner, you do not have a right to enter the US. An LPR and a US citizen does have the right to enter the US>

[Caryh 5,206]

Actually they cannot come to Canada to help, it is illegal and can lead them to a ban also. Just because they haven't been caught doesn't mean it's allowed.

I kind of thought so. I've heard of people in my line of business getting into trouble crossing the border into Canada to work.

[aaron2020 11,651]

You need to recognize that you were not here to help a buddy put up a shed or help with household repairs.

You did IT work for your buddy. For his business. A business you hope will hire you so you can get the benefit of a work permit.

Big difference.

[Ontarkie 14,375]

That sounds about right actually. Not being aware of the law, I kind of doubt would get me off the hook if I visited Canada either, if I got caught breaking one.

I think visiting someone and giving them a hand in their personal home is a lot different than visiting someone, helping them set up a business, including professional documents about your professional standing and certifications to display in that business, is just a slightly different can of worms to. Too bad you didn't scan them and email them. You probably wouldn't have set off all types of red flags at the border.

Actually I know someone who was visiting friends in Canada from the UK. They were going to help with a few renovations in their home, CBP questioned the guy and he told them just that, no payment of any of the sorts. He was told that no matter what helping is still considered work if he wants to visit he must stick to visiting no helping or he will not be let back in.