Canadian Citizen removed with 5 year ban - unique situation

[SBB 74]

I don't care what the government says. That's why we're so screwed up in this country now economically. If people want to help somebody out and don't want to charge for it, who is the government to tell them they can't? Whatever happened to FREEDOM and allowing people to make their own choices in life?

Well, what if I am an employer in a field that many people want to work in, and lots of college students are so desperate to "get their foot in the door" of the industry that they are willing to work for free just to get some experience on their resume? What if I find out that so many people are willing to do this that it turns out that I no longer need to hire entry-level employees. There are a number of lawsuits over just this sort of thing going through the fashion and publishing industries where "unpaid interns" had pretty much entirely replaced entry-level employment. If you are a business and people are doing labor for you that brings benefit to you, you need to pay them. If he can't pay them in cash, he should at least be offering them an equity stake in the business (which is how startups typically do it.)

[AtariBaby 17]

I don't care what the government says. That's why we're so screwed up in this country now economically. If people want to help somebody out and don't want to charge for it, who is the government to tell them they can't? Whatever happened to FREEDOM and allowing people to make their own choices in life?

I would rather not have countries, and everyone in the world just helped each other, but that's not reality right now.

This is not about a US citizen helping someone out for free, it's someone from another country helping someone out here for free. A government official told a Canadian they didn't have freedom to help someone free, not a US citizen.

Since legislators accept the notion that giving jobs to non-citizens is bad for the country, true or not, this falls into this category, fair or not. Canadian IT consultant may not have been paid for helping US business, but it was an opportunity: it's a reference, it's resume material, it's a selling point, it can lead to referrals and more work, etc. An aspiring US IT consultant or college student, for example, may not have missed a check, but they missed an opportunity. The rule of thumb, as was explained to me regarding foreigners volunteering is, you can volunteer at a charity function but you can't volunteer at someone's business. Otherwise, you have two choices: get the proper paperwork, as another poster explained, or you keep your friend-visiting activities sufficiently vague at the border.

It's unfortunate that an honest, naive person invariably gets harassed at the border, but people who know to keep their mouths shut and answer questions a certain way when crossing a border do not. But that is how it is.

Edited June 16, 2014 by AtariBaby

[Boiler 46,031]

Sounds like it was more a question that they found incriminating documents.

[AtariBaby 17]

Sounds like it was more a question that they found incriminating documents.

Fair point!

[webman 5]

A few questions that hopefully someone can give me some advice on. I'm planning on filing a 212 waiver. I am getting a signed affidavit from the police chief in NC stating they need me there to work. As well I'm getting an affidavit from my friend in NC with his statement. I'm also going to apply for the TN visa at the same time.

Should I do this myself or spend the $6000.00 the immigration lawyer wants?

Will I get my Nexus card back or am I not longer eligible for life?

As a side note, I got my certificates back from FedEx. The CBP didn't package them properly and there was glass everywhere in the box because the glass in the frames broke. Certificates are cut from the glass too. This just gets better and better!

[Mark88 184]

A few questions that hopefully someone can give me some advice on. I'm planning on filing a 212 waiver. I am getting a signed affidavit from the police chief in NC stating they need me there to work. As well I'm getting an affidavit from my friend in NC with his statement.

You're getting a signed affidavit from a police chief admitting to have given work to you instead of a USC?

I personally understand your whole situation with helping out a friend. But if a PC signs something like that, he's basicly admitting to have employed an illegal alien (and your friend, too). He would kiss his job goodbye.

Should I do this myself or spend the $6000.00 the immigration lawyer wants?

You will have to apply for a B2-visa first. The consulate will most likely deny it. After that, the path is open to the waiver. These waivers should be prepared by experienced lawyers so you won't get around paying the $6K.

[aaron2020 11,651]

What will the Police Chief and your friend say in their statements that will help you?

[BBCC 16]

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

There is a very fine line between lying to a suspect and illegally coercing a confession. This CBP agent completely crossed it. It should be clear to the OP that since the officer had to illegally assert false information into his coerced confession (that he was to be paid), the officer knew he did not have grounds without the false allegation. US LE escape prosecution for their own felony misconduct every day in this country. That doesn't make their misconduct any less criminal.

If the OP is fortunate enough to find an attorney willing/capable of arguing the entire case before the court, the OP will prevail. The CBP, like all US LE, bank on the likelihood that the OP will not or cannot go that far due to lazy legal representation.

[webman 5]

The police chief is signing a statement on my behalf that the department wants me there to support their IT infrastructure and train my friend on their infrastructure so he can support it in the future. From Canada, I designed their network and security. This is because I have designed networks and security before here in Canada. I'm one of the few people in Canada that has the necessary clearance and skills to do this. I also teach network security and am a certified instructor. I may be tooting my own horn here, but there aren't many people out there with my skillset and years of experience. The police dept had been looking for someone in the US for 6 months before finally finding my friend and business partner. The police dept paid my friends company for the work and I got payment as a consultant. This was all done from Canada. The Police dept is renewing the contract with the US company and the town is also signing a contract with the US company as well. The only time I went onsite to do any work was 2.5 years ago for 3 days and I didn't get paid for it. The work was actually teaching my friend how to set up certain things on the network and servers. I have been instructing him remotely from Canada all this time. It's not a question of taking away a job from a USC, but rather not finding someone that has the skills, knowledge and years of experience that I have. I do a lot of work with the Canadian military, RCMP and local law enforcement.

[webman 5]

That's exactly true. They made me sign a statement that I was going to work full time and immigrate to the US and had a job paying me 40k to 60k a year. When the CBP officer spoke to my friend in the US, he said the same thing that I did with regards to no money being paid to me. This was strictly me going to help my friend. My friend also told the CBP officer that we were going to BBQ, go fishing and spend some time at Myrtle Beach with him and his family, which I also told them but that never made it to the statement either.

There is a very fine line between lying to a suspect and illegally coercing a confession. This CBP agent completely crossed it. It should be clear to the OP that since the officer had to illegally assert false information into his coerced confession (that he was to be paid), the officer knew he did not have grounds without the false allegation. US LE escape prosecution for their own felony misconduct every day in this country. That doesn't make their misconduct any less criminal.

If the OP is fortunate enough to find an attorney willing/capable of arguing the entire case before the court, the OP will prevail. The CBP, like all US LE, bank on the likelihood that the OP will not or cannot go that far due to lazy legal representation.

[Caryh 5,206]

There is a very fine line between lying to a suspect and illegally coercing a confession. This CBP agent completely crossed it. It should be clear to the OP that since the officer had to illegally assert false information into his coerced confession (that he was to be paid), the officer knew he did not have grounds without the false allegation. US LE escape prosecution for their own felony misconduct every day in this country. That doesn't make their misconduct any less criminal.

If the OP is fortunate enough to find an attorney willing/capable of arguing the entire case before the court, the OP will prevail. The CBP, like all US LE, bank on the likelihood that the OP will not or cannot go that far due to lazy legal representation.

Unfortunately, the supreme court already ruled on this. Law enforcement are allowed to lie. You might want to think its criminal, and I don't actually disagree that it should be, but the highest court in the land has said its OK, it doesn't matter what you and I think should be allowed. Also the OP had his opportunity to go to court, he chose to sign the confession instead. This is a done deal, I don't see a path he can even challenge it at this point as there is currently no case. Its like paying your speeding ticket, then wanting to to go to court to, you've already plead the case out and signed you were guilty. Its too late at this point.

[Mark88 184]

This is a done deal, I don't see a path he can even challenge it at this point as there is currently no case. Its like paying your speeding ticket, then wanting to to go to court to, you've already plead the case out and signed you were guilty. Its too late at this point.

You kind of sumned up the whole thread in one sentence. Excellent!

[BBCC 16]

Unfortunately, the supreme court already ruled on this. Law enforcement are allowed to lie. You might want to think its criminal, and I don't actually disagree that it should be, but the highest court in the land has said its OK, it doesn't matter what you and I think should be allowed. Also the OP had his opportunity to go to court, he chose to sign the confession instead. This is a done deal, I don't see a path he can even challenge it at this point as there is currently no case. Its like paying your speeding ticket, then wanting to to go to court to, you've already plead the case out and signed you were guilty. Its too late at this point.

Again, there is a difference between lying and coersion. While it is true that the supreme court ruled about lying, they do not protect LE from coersion. The OP is perfectly legally entitled to a hearing on the matter and proceed to the courts. Why would you suggest otherwise?

[Caryh 5,206]

Again, there is a difference between lying and coersion. While it is true that the supreme court ruled about lying, they do not protect LE from coersion. The OP is perfectly legally entitled to a hearing on the matter and proceed to the courts. Why would you suggest otherwise?

I don't see the coercion, the OP was offered the opportunity to go to court. They had evidence of intent to work. Op admitted working in the past and intent to do so again. Yes going to court would have been a pain in the butt, but the option was there. Since when isn't going to court a pain in the butt. The case is closed. What is his path to a legal hearing? You seem to think he can get a do over. Does he hire a lawyer, have him walk into a court and say I want a hearing?

[BBCC 16]

I don't see the coercion

For starters, the officer falsely claimed the OP was to receive a salary. You seem to have a stark lack of attention to the details of the matter. Why would the officer need to falsey assert a salary that did not exist?

The OP has not waived their right to a hearing and will get one.