Guilty By Association and Improper Documentation

[JET321 0]

Hello Everyone –

I have been searching online for quite a few weeks trying to find some type of resolution or advice on how to proceed with a unique case and hope someone can help. A friend was in the US on an ESTA from the UK and left before the 90 day expiration and therefore did not overstay his visit. However, upon his return, he was interviewed at LAX and was questioned about his numerous entries and exits into the US and how he’s able to support himself while traveling. He gave honest and truthful answers about his finances and how his mom is self-employed and provided for his expenses (he’s 19). However, during the interrogation process, his father was actively texting him and he was questioned about his father’s background. He told the officer his dad is currently serving time in a US federal prison and has helped him out occasionally with expenses.

 

As a result of his numerous visits to the US in such a short period of time with an ESTA, he was denied entry. In addition, they believed that he was the beneficiary of illegal funds provided by his father as a result of his father’s drug criminal history. He has barely known his father and has not had much involvement with him since they lived in separate countries (UK/Venezuela) and he’s been in prison for at least 10 years with about 3 more years to go to serve his time. An attorney was contacted as well as info from the FOIA, since USCBP refused to give him a copy of what he signed based on his testimony. He has never received money directly from his father as his father would contact family/friends in order to help with expenses whenever needed, but CBP sees this type of activity as suspicious and as a result, he was refused entry into the US and his refusal carries a 5 year ban, even though there was nothing on his phone validating their accusations (they searched in thoroughly) but the fact that he was in contact with his father and received money from a known drug trafficker is something that he’s trying to overturn. He’s aware of the Waiver that could be filed, but a Waiver is an admission of guilt and it is the last thing that he wants to pursue, unless absolutely necessary. His denial codes are as follows:

 

212(a)(2)(C)(ii)

212(a)(7)(a)(i)(i)

 

My questions are based on the fact that he already has an attorney and trying to figure out additional information as I have not found any online:

1.       How familiar are any of you with these types of cases and what documentation can you recommend in order to strengthen his argument to have this accusation overturned?

2.       His attorney requested signed affidavits attesting to his character and any awards showing the type of person he is as well as financial statement from the past 5 years showing he’s not the recipient of drug funds but is there anything else that would help?

 

Mistakes were made on his part that he’s taken full responsibility for as he didn’t realize the magnitude of having a relationship with his father and as a result, he’s paying the price for his actions. His goal is to return to the US and pursue an F-1 Visa in order to enroll in college.

[SalishSea 17,916]

Yeah, he will not be returning to the US anytime soon.....

[Redro 4,611]

A 19 year old making frequent trips to the USA. 

Why was he making so many trips? How was he able to take so many trips? No school or job to go back to shows very weak ties to the U.K... 

If he was planning on studying in the States it might have been better to research schools whilst still in the U.K and taken one trip to tour campuses.... 

It not's just his father's history that got him into trouble.

The statements:  "his father actively texting him"  and  " has barely known his father" seem to contradict each other

PLUS

4 hours ago, JET321 said:

He has never received money directly from his father as his father would contact family/friends in order to help with expenses whenever needed,

makes it seem like he has been receiving money from his father even though it was indirectly... 

I think your friend should look at schools in the U.K or maybe look at other countries but I don't think he'll be able to study in the States. 

[canadian_wife 1,823]

Kor2USA asks an excellent question.  How can a 19 year old make frequent trips to the US?  What ties does he have to his home country?

 

based on what you said, there is not a great chance of him returning to the USA.  Very unlikely a letter from a lawyer attesting to his great character will change any minds.  Where is the money coming from for such expensive trips?  A self employed single mother would have this type of money?

 

good luck