BCC after child trafficking case

[kels430 31]

Hi VJers!

So I know some people on here get peeved when people ask questions “for friends”, however I had a friend come to me with a visa question that I could not answer and thought there was no better place to turn to for answers than here.

In 1998, my friend and his wife, both originally from Tijuana, Mexico, were crossing into the U.S. by car with his uncle, who was driving, when they were stopped CBP. They were sent to secondary inspection and a child was found hidden in the car. All 3 adults and the child, who was unrelated, were detained for questioning. They were held for 30 hours, and in the end the uncle was arrested for child trafficking and banned from the U.S. for life. My friend and his wife were unaware that there was a child in the car, which is what they told CBP. Both of their border crossing cards were confiscated and they went back to Mexico without being formally charged for anything.

In 2005, my friend applied for another tourist visa. When he went to his interview the CO asked about what had happened, as the incident had been documented in his file. The CO told my friend that even though he had not formally been charged with anything, he would not be able to grant him a visa as child trafficking is taken very seriously in the U.S. The CO also added that while he himself did not feel comfortable granting a visa, that perhaps one of his colleagues would do so, it just depended on the person. (I.e. my friend is not ineligible, it is up to the discretion of each CO).

It is now 10 years later and my friend is interested in trying for a visa again. He lives in Tijuana so it is normal for people to apply for border crossing cards just to shop for the day, etc. He has plenty of proof that he will not stay in the U.S.: owns land and a home, has been at the same well paying job for 20 years, and the fact that his wife and daughter do not have visas of any sort and are also here in Tijuana.

His questions are basically, does he need to file a pardon, waiver, or something of the sort? He is not interested in immigrating but his son is a USC (who also lives in Tijuana) and also wanted to know if his son could petition for him, even though its only a tourist visa? Or does he just go about applying as anyone else would?

I’m sure I’m forgetting something but please feel free to ask questions so I can better help him understand what his next steps will be. Thanks in advance for your help!

[BaronB 42]

1) Why would he need a pardon or waiver for something he has not been charged with? Having said that, I find it interesting that he has a record for something he was never charged with. I think the previous CO answered this question already - depends who interviews him.

2) A USC cannot petition someone for a tourist visa. He needs to apply himself.

[kels430 31]

1) Why would he need a pardon or waiver for something he has not been charged with? Having said that, I find it interesting that he has a record for something he was never charged with. I think the previous CO answered this question already - depends who interviews him.

2) A USC cannot petition someone for a tourist visa. He needs to apply himself.

I think a lawyer had once told him that sending a letter of pardon or something along the lines would help. But as we all know lawyers are often times wrong or don't know what they're talking about. Thanks for the answer!