Expedite Removed from Airport. What to do?

[Ontarkie 14,225]

 

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[Pinkrlion 2,720]

11 hours ago, tiyyo said:

All I know is what my husband told me. I asked him if he felt was being singled out and he said no, there were so many different types of passengers in there with him and the CBP kept calling people up questioning them (which I know is normal) and requesting to see their personal mobile devices. Young, old, man, woman, everyone was having to do it. Perhaps it's not something that happens frequently, but I am seeing and hearing about it more often.

OP came through Chicago and they are patient and very thorough. So if they suspected something, then they had reason to look thru his phone. 

[SmallTownPA 72]

4 hours ago, SusieQQQ said:

It’s totally not beside the point! It is a condition of the visa. They have every right to revoke a visa if the visa holder does not abide by the terms of the visa.

"For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS."

 

Working on F1 is not bad... the make arrangements for it.

 

Now was OP doing this?  Or working as a de facto employee?   My guess is they checked SEVIS and didn't find a work permit.

 

Bottom line, follow the rules. 

[Boiler 45,519]

OP was working for a friend, nothing to do with F1.

[SusieQQQ 11,586]

42 minutes ago, SmallTownPA said:

"For both F-1 and M-1 students any off-campus employment must be related to their area of study and must be authorized prior to starting any work by the Designated School Official (the person authorized to maintain the Student and Exchange Visitor Information System (SEVIS)) and USCIS."

 

Working on F1 is not bad... the make arrangements for it.

 

Now was OP doing this?  Or working as a de facto employee?   My guess is they checked SEVIS and didn't find a work permit.

 

Bottom line, follow the rules. 

No off campus employment allowed in first year of F1. OP stated had only been a student for one year. Ergo, it was not allowed. End of story. Even before you get to the minutiae of whether it was related to the course etc.

Edited February 21, 2020 by SusieQQQ

[GhQuestions 6]

He didn't say when/where he worked. Does the work restriction apply (1) during class time only, or for the entire duration of the visa and (2) does it apply only to work in the US, or to work at home as well? If the work was performed in his home country, for a company/person in his home country, while he was there, when class wasn't in session, this seems like a gray area. 

[Crazy Cat 41,865]

10 minutes ago, GhQuestions said:

He didn't say when/where he worked. Does the work restriction apply (1) during class time only, or for the entire duration of the visa and (2) does it apply only to work in the US, or to work at home as well? If the work was performed in his home country, for a company/person in his home country, while he was there, when class wasn't in session, this seems like a gray area. 

There would be no restriction on work performed outside the US.  

[SusieQQQ 11,586]

1 hour ago, GhQuestions said:

He didn't say when/where he worked. Does the work restriction apply (1) during class time only, or for the entire duration of the visa and (2) does it apply only to work in the US, or to work at home as well? If the work was performed in his home country, for a company/person in his home country, while he was there, when class wasn't in session, this seems like a gray area. 

The clear implication was that he worked during the school year in the US. There’s no grey area if he works at home in his home country on vacation, that’s of no concern to the US. 

[geowrian 22,337]

7 hours ago, lady3jane said:

If you were only helping your friend out as you argue and was not compensated in any way, i say fight this. To be accepted to American academies is a privilege that many people here could not even dream of. If you were really helping and not violating your visa , get a lawyer and fight this legally.

There is no means to argue it. CBP has the discretion to deny entry to any F-1 holder. They did deny entry. They did cancel the visa. Nothing a lawyer can do about any of that. It's a done deal. The OP needs a new visa to travel.

 

There is nothing a lawyer can do to qualify for the visa. The CO may or may not ask what happened. Whether they agree with the decision CBP made or not, they will assess the application based on its merits now then either issue the visa or refuse the visa.

If refused, there is generally no means to challenge that refusal. See the doctrine of consular nonreviewability - basically, the CO's decision is not subject to review by a court.

 

So there really is no reason to get a lawyer as there is absolutely nothing at all one an do. Even if entry was denied incorrectly and the visa was incorrectly revoked (a BIG if as CBP has discretion here again), there is no action for recourse possible. He needs a new visa, and that decision is the CO's discretion if he is eligible for one or not.

If he truly believes he was improperly refused, he can file a complaint with CBP so they can review and determine if the officer's actions were within policy. Most likely the complaint will be ignored, but it's the only thing that can be done.

Edited February 21, 2020 by geowrian

[Boiler 45,519]

OP said he had been working for a friend.

[geowrian 22,337]

Hypothetical

[USS_Voyager 1,972]

4 hours ago, geowrian said:

So there really is no reason to get a lawyer as there is absolutely nothing at all one an do

I have a soft objection to that. I do believe in some cases one can benefit greatly from a good experienced immigration attorney who can present legal arguments in a succinct and concise manner, while citing applicable case laws and precedents, in a motion to vacate the expedited removal order. There has been successful cases where the CBP upon receiving a well-written motion, has rescinded their previous decisions of expedited removal and even a 6c1 misrep charge 

 

https://dyanwilliamslaw.com/2016/11/grant-of-motion-to-vacate-expedited-removal-order-rescission-of-misrepresentation-charge-a-true-success-story/

 

OP, I am not saying your case can be reversed. It is in fact, very very hard to challenge one of these successfully. If you feel like you were wrongly “removed”, contact Dyan for a consultation. She does consultation by phone or Skype or whatever method of communication you desire. She is not one of those blood-sucking lawyers who will take your money no matter what (believe me, I sat across the table with some of those, too). She will only accept your case if she thinks you have a chance to win. And to be frank, with what you presented here, looks like CBP did its job perfectly. 
 

Anyway, not in any way related to said law firm, just an ex-client of that law firm here.

 

 

[USS_Voyager 1,972]

To be clear, there is absolutely no judicial oversight of Consular Officers’ decisions to deny visas or of a CBP officer to refuse entry. That power rests squarely in the Executive Branch, since they are charged with protecting our borders. 
 

You cannot challenge those decisions in any courts. The courts will toss it out. The only challenge you can make is with the Agency itself to reconsider its previous decisions. As in the example I posted, the CBP Watch Commander upon receiving the attorney’s briefs, decided to reverse the previous decision of an expedited removal of one of his officers. But no court can force him to do that.

[Ontarkie 14,225]

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