wrongful deportation my sister by port officer with false info while in visitor visa [merged threads]

[hamid0101 0]

I am writing to formally request a review of my sister's wrongful deportation from the United States and the subsequent visa denial based on that decision. I believe that the deportation was the result of false accusations and misinterpretation of facts by the port authorities at the time of her arrival. This decision has caused significant emotional and financial hardship for my family and me.

My sister previously visited the United States multiple times from 2002 to 2007 without any legal issues. However, during her last attempt to enter the U.S. several years ago on a visitor visa, she was deported by a port officer without justification or strong evidence. At the time of her deportation, she was not given a fair opportunity to present evidence or defend herself against these allegations. Due to the traumatic experience, she did not immediately disclose the details to our family. However, this wrongful decision recently led to her immigrant visa refusal, further separating our family, including my aging mother, who is highly dependent on her. The emotional toll on my family has been severe.

Recently, after discussing the incident with my sister, we identified key points from her conversation with the port officer during her deportation:

1.      Overstaying in the U.S.: She never overstayed her visa. On one occasion, she remained in the U.S. for an extended period with USCIS approval. We can provide official documentation to confirm that her stay was legally authorized.

2.      Working in the U.S.: She has never been employed in the U.S. and has no history of unauthorized work.

3.      Fraudulent Employment Details: She was wrongly accused of misrepresenting her employer’s information. The company she listed in her application is a legitimate entity, both in her home country and in the United States. We have sufficient proof, including business registration documents, tax records, and employment verification, to confirm its validity.

It is deeply concerning that my family must suffer due to what appears to be an unfair and unjust decision made by the port authority.

I am seeking your advise/comments or suggestion what would be our next steps, as it is critical for our family’s well-being.

 Thank you for your time and consideration.

[Daphne . 1,977]

Being admitted to the US is always up to CBP’s discretion, so there’s not much you can do unfortunately. But being denied entry based on suspected immigrant intent is not a reason for an immigrant visa denial. 
 

Can you provide more info on the denial of her immigrant visa? And who petitioned for her? Did she have her immigrant visa interview and how did that go? Also, ‘refused’ doesn’t mean ‘denied’, it just means that it needs more review. 

Edited yesterday at 06:41 AM by Daphne .

[Boiler 46,404]

Well nobody here has such power.

 

Her Parents sponsored her to immigrate, Consulate charged her with Misrepresentation, usually that would also produce the opportunity to file a waiver, I 601, was a waiver filed?

[TBoneTX 46,442]

Multiple duplicate posts have been removed; those with responses have been merged and placed in the General Immigration Discussion forum.

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Hamid0101, everyone can understand that you're upset.  However, posting the same topic more than once constitutes spamming, a violation of the site's Terms of Service to which you agreed when you so recently registered.  Further posts on this topic are to go into the CURRENT thread only.  You're fortunate to avoid administrative action for violating the Terms of Service.

 

VJ Moderation

[nelmagriffin 157]

EVEN WORKING FOR YOUR MOTHER IS NOT ALLOWED LET ALONE YOU HAVE DOCUMENTS THAT SHE REALLY WORK FOR SOMEONE ELSE. VISITORS VISA IN NOT ALLOWED TO WORK PERIOD.

[Scandi 4,206]

Would overstaying and working illegally on a tourist visa really stop someone from getting a family based immigrant visa? I don't know, just seems a little odd if that's the only issue here.

[Boiler 46,404]

There is a waiver for most but not all things

[appleblossom 3,441]

11 hours ago, Scandi said:

Would overstaying and working illegally on a tourist visa really stop someone from getting a family based immigrant visa? I don't know, just seems a little odd if that's the only issue here.

Possibly refused as a ban is still in place? But it’s all sounding off at the moment, I’m not sure the OP has had the full story from his sister. 
 

Hopefully the OP will come back and clarify how she managed to stay for an ‘extended period with USCIS approval’, what work she was accused of having done, whether she was actually deported or just refused entry, whether she’s been denied or just refused (AP), what exact reason she’s been given, etc. Then people can help properly. 

[hamid0101 0]

if i earn 100 dollar tax i am paying 40 dollars for what???if i can't bring my family(siblings) legally here. i am still thinking port office made decision with discrimination. i am still not sure how to fight against wrongful decision made by port officer as they didnt provide any letter for which reason they deport or recently immigration interview visa office didnt provide any reason whey deny her immigration status. we are clueless. seeking for help or advise how we can fight that false accusation  

Edited 15 hours ago by hamid0101

[nastra30 2,462]

26 minutes ago, hamid0101 said:

 recently immigration interview visa office didnt provide any reason whey deny her immigration status. we are clueless. seeking for help or advise how we can fight that false accusation  

 

They didn't give a reason? She wasn't given any paper after the interview? I am still not if she was refused or denied. What does the CEAC status say? 

If really she was denied, then you'll have to wait for a NOIR from USCIS.

Also, I understand your frustration but know that bringing family members to the US is a privilege; not a right. 

Good luck.

Edited 14 hours ago by nastra30

[appleblossom 3,441]

35 minutes ago, hamid0101 said:

if i earn 100 dollar tax i am paying 40 dollars for what???if i can't bring my family(siblings) legally here. i am still thinking port office made decision with discrimination. i am still not sure how to fight against wrongful decision made by port officer as they didnt provide any letter for which reason they deport or recently immigration interview visa office didnt provide any reason whey deny her immigration status. we are clueless. seeking for help or advise how we can fight that false accusation  

No, you have no right to bring family to the US regardless of how much tax you’ve paid. 

 

The border officer doesn’t need a reason to refuse her as a tourist. But they would have given her reasons, and she should also have had a letter at her immigrant visa interview.
 

Are you absolutely sure she didn’t get a letter? You could do a FOIA request to see what’s on her file but I suspect she is aware of the reason and maybe doesn’t want to tell you - you said yourself that she kept her initial refusal from you, and it would be very odd if she hadn’t been given clear reasoning behind her refusal. 
 

And as said above, is she refused or denied? There’s a big difference. 

Edited 14 hours ago by appleblossom

[hamid0101 0]

i understand but port officer not right to deport with false allegation 

[Daphne . 1,977]

56 minutes ago, hamid0101 said:

i understand but port officer not right to deport with false allegation 

You haven’t answered any of the questions we asked. 
 

How did her immigrant interview go? Did she receive a piece of paper? Does the CEAC status say refused? 
 

We need more info from you. 

[appleblossom 3,441]

1 hour ago, hamid0101 said:

i understand but port officer not right to deport with false allegation 

 

It doesn’t sound like she was actually deported, just refused entry. There’s a big difference. And you said you don’t know why, so how do you know it’s a false allegation? You said she overstayed with authorisation but from a B visa that would be very unusual, so perhaps she didn’t have authorisation at all and it’s totally justified. 

 

You really need to provide more info for help, and find out more from your sister about what actually happened. If she has been denied (rather than just refused and put in to AP) then you’ll need full details and a good lawyer. 

[appleblossom 3,441]

@hamid0101, go through each post and answer the questions posted, then people might be able to help.

 

But also in the post you put on another thread (which will be deleted soon I suspect as it contains all of your personal info) there are two red flags. Firstly, you say that your mother is dependent on your sister for ‘daily care’. If she said that to the immigration officer on entry on a tourist visa, that would be considered unauthorised work. So that may explain that. 

 

Also, the address you gave isn’t in the US, but then you say you are bringing your siblings to the US? So who petitioned your sister? The petitioner must be domiciled in the US for the beneficiary to qualify for an immigrant visa.