Canadian Citizen removed with 5 year ban - unique situation

[webman 5]

I'm not hiring a lawyer to fight against the CBP judgement! I'm hiring a lawyer to help me get a 212 waiver so I can be admitted back in the US earlier.

I think that's what it ultimately will come down to in this case.

webman, you can hire a lawyer and pay the $6K (or more) he thinks you might have a chance, but you admitted, confessed and signed it all in writing.

[aaron2020 11,651]

This makes no sense at all. Why would he not have the right to start with an administrative hearing? And then proceed to a court after that? What do you feel I am missing?

You're missing the law.

You state his right to an administrative hearing without understanding the law.

The judge he would have appeared in front of would have been an immigration judge - an administrative judge - in an adminstative hearing.

That is what the OP gave up when he confessed in exchange for the ban and immediate release to Canada.

[Caryh 5,206]

If I didn't sign the statement the CBP officer told me that it would be recorded that I was uncooperative, and then put in a holding cell and transported for 2.5 hours to Bangor Me and wait to see a Judge. In the meantime my car would of been impounded. Going in front of a judge as a criminal in handcuffs with a statement from the CBP saying I was uncooperative and they were willing to let me go back to Canada but instead decided to go in front of a judge certainly wouldn't of helped my case. Furthermore I had no right to council since I'm not a USC and would of had to plead my own case which I wasn't prepared for. I strongly believe my chances are a lot better peacefully going back to Canada, obtaining a lawyer, and going through the waiver process.

You are very arrogant and really don't think before you post. If you were in my situation you would have done the same!

On American soil, you have the same rights as to counsel as an American. Law Enforcement can lie to you in the USA, the supreme court gave them that right. There's no such thing as being uncooperative if you refuse to sign a confession you feel isn't fair. No judge would have given such a statement any weight, had it even been brought forward. Again on USA soil, you get USA rights, well unless you're a terrorist and thats a totally different can of worms.

Yes your only choice now, if you wish to enter the USA before the ban expires, is filing to come back, getting denied, applying for the waiver, and proving you're unlikely to commit the same offense again. Something that might be tough in your case which is why you need a good attorney to represent you. I don't think affidavits stating they need you to work are going to help, unless the visa denial is a work based visa and they understand you just misunderstood the rules before. This is all lawyer territory to get a true idea of what the best options are now.

[aaron2020 11,651]

If I didn't sign the statement the CBP officer told me that it would be recorded that I was uncooperative, and then put in a holding cell and transported for 2.5 hours to Bangor Me and wait to see a Judge. In the meantime my car would of been impounded. Going in front of a judge as a criminal in handcuffs with a statement from the CBP saying I was uncooperative and they were willing to let me go back to Canada but instead decided to go in front of a judge certainly wouldn't of helped my case. Furthermore I had no right to council since I'm not a USC and would of had to plead my own case which I wasn't prepared for. I strongly believe my chances are a lot better peacefully going back to Canada, obtaining a lawyer, and going through the waiver process.

You are very arrogant and really don't think before you post. If you were in my situation you would have done the same!

No, I would not have done the same.

I've been to Canada many times to visit family and friends. I know its against Canadian law for me to help them at their businesses.

I also know not to sign a confession I do not agree with.

[Caryh 5,206]

I'm not hiring a lawyer to fight against the CBP judgement! I'm hiring a lawyer to help me get a 212 waiver so I can be admitted back in the US earlier.

Yes, thats a closed case and attempting to crack it open would be a huge undertaking.

You're following your best path, but good legal counsel is what you need, not a bunch of personal opinions here.

[Hypnos 6,578]

If I didn't sign the statement the CBP officer told me that it would be recorded that I was uncooperative, and then put in a holding cell and transported for 2.5 hours to Bangor Me and wait to see a Judge. In the meantime my car would of been impounded. Going in front of a judge as a criminal in handcuffs with a statement from the CBP saying I was uncooperative and they were willing to let me go back to Canada but instead decided to go in front of a judge certainly wouldn't of helped my case.

I think you're confusing "co-operation" with "admission of guilt". You can be polite and co-operate all you want, but if they had put a document in front of me in an attempt to extort a confession, I would not have signed it. Would you have wound up in front of an immigration judge? Possibly, or it's possible this was yet another of their lies (which, again, they are allowed to do by law) in an attempt to get your signature.

Depending on the exact part of the INA you were barred under then you may or may not be able to apply for a waiver and attempt to overturn it. I've already stated why I think you will be unsuccessful (i.e. your signed statement), but it's certainly your money to waste if you want to hire a lawyer and take a crack at it; they will be only too glad to cash your cheques.

As to other posts, I see no coercion here. Lying? Yes. Coercion? No.

[BBCC 16]

You're missing the law.

You state his right to an administrative hearing without understanding the law.

The judge he would have appeared in front of would have been an immigration judge - an administrative judge - in an adminstative hearing.

That is what the OP gave up when he confessed in exchange for the ban and immediate release to Canada.

Based on how the "confession" was obtain, the matter is far from over. He has further rights in the matter whether you choose to recognize them or not.

He has already chosen not to challenge it so it really doesn't matter. He's proceeding to pursue a waiver.

[aaron2020 11,651]

Based on how the "confession" was obtain, the matter is far from over. He has further rights in the matter whether you choose to recognize them or not.

He has already chosen not to challenge it so it really doesn't matter. He's proceeding to pursue a waiver.

You keep stating that he can challenge this without being able to state how he would go about it.

Please tell us how he would challenge this?

You also state that I am not recognizing his rights. Please point me to anywhere in the law that show he has a right to challenge this?

Do you have facts? Or would you rather distract from your lack of facts by insulting me for not recognizing his rights?

Edited June 18, 2014 by aaron2020

[Mark88 184]

I'm not hiring a lawyer to fight against the CBP judgement! I'm hiring a lawyer to help me get a 212 waiver so I can be admitted back in the US earlier.

In the end you are doing that.

[Teddy B 17,252]

This makes no sense at all. Why would he not have the right to start with an administrative hearing? And then proceed to a court after that? What do you feel I am missing?

The fact that he is NOT a US citizen and does not have the judicial right of innocent until proven guilty. Border patrol is a whole different ball game.

[BBCC 16]

You keep stating that he can challenge this without being able to state how he would go about it.

Please tell us how he would challenge this?

and every time you re-ask the question, it becomes more rhetorical.

HE goes about it by hiring an immigration attorney with the specific experience (history) necessary to pursue it.

Yes, I am aware that he is officially denied any further process in the matter as a non-citizen. But, do a little research and you will find people still pursue legal options of appeal and reconsideration in spite of this.

You can continue to be as belligerent as you want to but you won't change his legal options in the slightest degree.

Carry on your juvenile rant. It is a waste of time to respond any further.

Edited June 18, 2014 by BBCC

[aaron2020 11,651]

and every time you re-ask the question, it becomes more rhetorical.

HE goes about it by hiring an immigration attorney with the specific experience (history) necessary to pursue it.

Yes, I am aware that he is officially denied any further process in the matter as a non-citizen. But, do a little research and you will find people still pursue legal options of appeal and reconsideration in spite of this.

You can continue to be as belligerent as you want to but you won't change his legal options in the slightest degree.

Carry on your juvenile rant. It is a waste of time to respond any further.

No facts huh?

Because you say its possible, then that must be the truth.

I'm juvenile for asking for facts?

[Boiler 45,908]

HE goes about it by hiring an immigration attorney with the specific experience (history) necessary to pursue it.

Yes, I am aware that he is officially denied any further process in the matter as a non-citizen. But, do a little research and you will find people still pursue legal options of appeal and reconsideration in spite of this.

I am also intrigued. Have been around long enough and have never come across such an option.

I have seen an awful lot of situations where people would like to exercise such an option.

I have never come across such a case, could you link to examples?

[Caryh 5,206]

I am also intrigued. Have been around long enough and have never come across such an option.

I have seen an awful lot of situations where people would like to exercise such an option.

I have never come across such a case, could you link to examples?

as best as I can make out, its that rhetorical appeal option that everyone uses.

[webman 5]

Update on my status. 3 immigration lawyers proved to be useless. They told me a criminal background check was enough to apply for the 212 waiver. That is incorrect information. CBP needs a livescan CCRTIS criminal report from Ottawa. I had this done last Friday. Hopefully I get it back before my appointment with CBP on Nov. 19th.

An immigration lawyer proved to be useless because they gave me the wrong information. Furthermore, all they do is prepare the waiver and relevant information for you. You still have to obtain the information yourself and apply for the waiver yourself. If you do your research and get the right info for CBP you can do this yourself.

I hope that if the waiver is approved I can get my NEXUS card back too.