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Could a detailed GoFundMe campaign against a 5 year travel ban be dangerous to reverse it?

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Long story short, my wife attempted to enter the US with me and received the 5 year ban; she came on a tourist visa and we intended to stay shortly.

 

The judgement was based on fabricated answers from the transcript, saying she worked for a US company. She did not work for a US company.

 

We have talked with an immigration lawyer and he indicated chances are high that I can challenge the travel ban and reverse it, without the waiver. Primarily because of the crazy transcript.

 

The cost is way too much for us to afford at the moment.

 

I'm not interested in discussing details of our case. My main question is would a go fund me campaign mentioning details of our case (fabricated answers and questions, bad english from CBP officer on transcript, experience being detained, harsh treatment, etc.) be damaging in our process? I.E. would the government look at it negatively in any way?

 

We want to lift the ban and move back to the US and obtain a green card and citizenship.

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Filed: Citizen (apr) Country: Ecuador
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2 minutes ago, traveler_me said:

would the government look at it negatively

Need you even ask?  You know the answer.  The Federal government has unlimited time and resources to make our lives miserable.

 

Either pay the one attorney or look for pro bono legal help.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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5 hours ago, traveler_me said:

 

 

We want to lift the ban and move back to the US and obtain a green card and citizenship.

This is fraud though. Argue the ban of a foreigner is a waste of time and resources.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Criticizing a cbp officer’s English seems a bit much, I mean I don’t know if you mean bad grammar or maybe it’s a previous immigrant who has English as a second language, but I don’t think that’s going to help advance your cause. Being detained/harsh treatment by CBP is common for these situations. Doesn’t make it right, but I don’t think it helps. 

 

If you want to lift the ban and move, file the waiver, or pay the lawyer. One thought that always comes to mind when people say they can’t afford a lawyer, is wondering how easy it will be for them to overcome public charge. Regardless, I’d be inclined to ditch the lawyer and just file the waiver anyway.  What do you hope to gain by using a lawyer? Time? Has the lawyer given you any indication of how long it would take to get to court?  According to uscis processing times website, it takes 4-6 months to process a waiver of inadmissibility. How does that compare?  The filing fee for the waiver will certainly be way less than the lawyer’s fees. I’m just not seeing the reason to go with the lawyer, other than some kind of need to prove you’re right (which is often unnecessary and unnecessarily stressful as well as costly when it comes to immigration matters).

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Filed: Citizen (apr) Country: Morocco
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the past post says you tried to return to the US with wife in 2019 (without a spouse visa) and she was going to work remotely which is not legal 

so,  CO officer was right to the action he /she took

as said in the answers there,  file a waiver and proceed with a spouse visa

 

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Filed: AOS (apr) Country: India
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as mentioned by the other posters above, file the I-130 and apply for a waiver after the interview. much cheaper option overall and a very good chance of success as has been documented by the cases of other people. Also, the chances of challenging a CBP triggered deportation are slim to none, i have not seen any such the attempts being successful going by VJ and it will take a long time to even get a response considering the strange times, CBP has wide degree of discretion and travelers have almost no protections by law once an immigration intent has been determined at the checkpoint. remember most immigration lawyers will happily take your money leading you on a path they wish and then let your case sink into a blackhole like they know it will while they make their thousands.

Edited by Bajinga

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Filed: Citizen (apr) Country: Ghana
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It’s a quixotic expedition bound to end in failure. You were rightfully denied entry and banned!

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So, you take the wrong way, want to blame others for it and want others to pay for something that was your mistake?... 

Are you really reading your own posts?

What happened was exactly what happens when someone try to take a shortcut. The best thing you can do is realize the mistake and move forward with a correct and honest solution.

Edited by Paula&Johnny

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On 11/21/2020 at 9:55 AM, Boiler said:

 

Strikes me the waiver would be much simpler, have you started the Immigration process? What have you filed and when?

We have not filed anything yet. Lawyer we met with said he can challenge the determination directly and reverse it. Lawyer has had 90% success rate with those found inadmissable, which is our case.

18 hours ago, Bajinga said:

Also, the chances of challenging a CBP triggered deportation are slim to none

Not according to https://messersmithlaw.com/. Lawyer said our case would be easier to overturn because of fabricated questions and answers.

 

18 hours ago, JeanneAdil said:

the past post says you tried to return to the US with wife in 2019 (without a spouse visa) and she was going to work remotely which is not legal

This is what one lawyer told us, but this other lawyer from messersmith law firm who we met with last week said its very possible to argue the judgement was made in error primarily because she was not working for a US company and she was getting paid directly into her bank account, and working very few hours. He also said the transcript we got was "embarassing" for the CBP office because of the bad english and grammar on the transcript, and that this would strengthen the case.

 

Lawyer has claimed 90% success rate with cases like ours, and even has seen success for worse cases than ours. 

 

Lawyer said time to overturn can be anywhere from 1 month to 6 months vs. a waiver taking a year or more.

 

The amount of answers on this thread that are unrelated to the question is alarmingly high.

 

We cannot pay the lawyer fees, so the only option we see right now is a Go Fund Me. When answering, please keep to the topic, which is how a Go Fund Me campaign could affect the process.

 

My only suspicion is if the government would check into our facebook posts etc. and then see our go fund me campaign w/ negative experiences with CBP and then they make a frivolous decision to deny any app based on our negative account being told to the world.

Edited by traveler_me

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17 minutes ago, traveler_me said:

its very possible to argue the judgement was made in error primarily because she was not working for a US company and she was getting paid directly into her bank account, and working very few hours

“Very possible”? How does that compare to “probably” or “highly likely”? (Seeing as you are highlighting the use of English/grammar/semantics as being important.) “Working very few hours”? Working illegally is working illegally, regardless hours. 

Anyway. To go to your question of whether they will make a frivolous decision to deny based on your GoFundMe campaign, the answer is no. This is not the same thing as making a valid decision to deny, based on the facts of the case.

 

 

17 minutes ago, traveler_me said:

The amount of answers on this thread that are unrelated to the question is alarmingly high.

Because the number of posters we see on here who don’t know the right questions to ask is alarmingly high.

 

....Anyway, you can certainly wait for however long it will take a GoFundMe account to raise what you need and then wait for the legal process to play out, and hope it’s a favorable outcome and that you haven’t wasted a year and a bunch of money on the way to having to do anyway the simpler and more obvious fix being suggested by many here (who don’t have a financial incentive for you to file a lawsuit). Good luck. 


 

 

 

Edited by SusieQQQ

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Filed: K-1 Visa Country: Wales
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With the Lawyer agree a no win no fee deal, he should be OK with that.

 

That way you can get things going now.

 

It will take well over a year to go through the Immigration process, I did contribute to your past thread and now remember there may be a Misrep issue as well in which case you would also need an I 601, however unlike the I 212 which could be filed now that would depend on the CO at the interview sometime in 2022. 

 

I do not understand why you did not file the I 130 a year ago?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Philippines
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43 minutes ago, traveler_me said:

We cannot pay the lawyer fees, so the only option we see right now is a Go Fund Me. When answering, please keep to the topic, which is how a Go Fund Me campaign could affect the process.

 

My only suspicion is if the government would check into our facebook posts etc. and then see our go fund me campaign w/ negative experiences with CBP and then they make a frivolous decision to deny any app based on our negative account being told to the world.

 

Why choose the longer, harder, more expensive way over the cheaper, easier, time-tested solution that other posters have suggested? 

 

But to address your question, well, whichever government lawyer handles your case will immediately know you are in a position of weakness. For the simple reason that you need a Go Fund Me to even afford a lawyer in the first place.

 

Will the government make a frivolous decision based on your public negative feedback? Who knows. But why even put yourselves through all this in the first place?

 

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