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Horrible deportation after secondary inspection

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Old May 10, 2016, 8:12 am
  #16  
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If the OP's acquaintance gets a US visa after this incident, the possibility of being denied admission and having further problems (in the years after initial, post-incident admission) at the US POE drop substantially.

It's unlikely that the OP's acquaintance was sent off as a formal deportation from the US. More likely a "voluntary removal", which is often not a bad choice for bad circumstances if the US VWP user wants to come back legally to the US sooner than later.

The OP's acquaintance knows why she is not in the US at the time the OP expected her to be free to visit the US.

Last edited by GUWonder; May 10, 2016 at 8:17 am
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Old May 10, 2016, 9:32 am
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What the OP should do is talk to the friend and question her about everything she can remember about the CBP encounter, what questions she remembers being asked. If she has good memory and is honest with him and understood what was transpiring than the reason for denial should be apparent.

What percent of passengers who land from visa waiver countries are admitted? I'm guessing it's near automatic. There was something specific about her that caused them to deny her entry. OP should find out what that reason was.

I think even a Japanese person can make a CBP FOIA request for her entry/exit records, admissions and denials, secondary inspection records, etc. That may answer the question, though a response will take 2+ months. See - https://www.cbp.gov/site-policy-notices/foia
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Old May 10, 2016, 9:36 am
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Originally Posted by jphripjah
What the OP should do is talk to the friend and question her about everything she can remember about the CBP encounter, what questions she remembers being asked. If she has good memory and is honest with him and understood what was transpiring than the reason for denial should be apparent.

What percent of passengers who land from visa waiver countries are admitted? I'm guessing it's near automatic. There was something specific about her that caused them to deny her entry. OP should find out what that reason was.

I think even a Japanese person can make a CBP FOIA request for her entry/exit records, admissions and denials, secondary inspection records, etc. That may answer the question, though a response will take 2+ months. See - https://www.cbp.gov/site-policy-notices/foia
I'm curious about who paid for the ticket of the woman on this denied entry trip and about what the employment situation is for the woman back in her country of citizenship/origin.

When I've seen solo-arriving adult females attempting VWP use only to be turned back at US airports of entry, lack of employment/school engagement in country of legal residence and having the ticket paid for by an American significant other have been major factors more times than I care to count. That, or even arriving for trip/stay purposes not compatible with the US VWP.
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Old May 10, 2016, 10:04 am
  #19  
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Originally Posted by s0ssos
This is why America sucks.

If you look at Japan's rules, they will permit people to go out to a hotel, understanding that one cannot immediately get back on-board another flight directly out. In America, people don't really have rights. That is, Americans. Apparently America doesn't believe in rights for non-Americans even though they signed international conventions.
And what ensures they don't just walk away from the hotel? America's rules are tough because we have so many illegal immigrants.
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Old May 10, 2016, 10:29 am
  #20  
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Exclamation Moderator's Note:

This is the Practical Travel Safety and Security Issues forum, not the Checkpoints and Borders Policy Debate forum.
Originally Posted by scoow
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Old May 10, 2016, 10:32 am
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Considering Japan is probably the most xenophobic country in this world, I doubt very much that visitors are very "welcomed" there - more their money in an ever shrinking economy.

The US - like most countries, actually - do have their souvereign right to deny anyone entry to it's country - and different than many other countries (maybe on a level with the DPRK ) where that right is hardly ever used as long as all documents are in order - they actually use that right rather often, whenever they think something is "fishy".

I think most people here had their fair share of "crazy" schedules - 1 day China, 3 days Singapore, 2 days Malaysia, 2 hours Singapore, 5 days Indonesia, 3 days Thailand, 2 days Hong Kong, 4 days Korea, back via Australia to Europe - and probably no one got denied entry anywhere as long as their documents were in order.

The US is kinda "unique" in this situation. Reports about Swiss travellers being denied entry to the US are frequent in Swiss media, for example.

If you choose to travel to the US, one should always keep that in mind. If you don't agree with it, better go for a different country, where they don't use their right to deny entry so actively.

All in all, a person barely speaking English and thus language barriers between her and the officer, a quick second visit back in the US, unclear situation about what she will do, probably too much "interesting" points all in all, and the officer in charge decided that her visit was a bit "weird".
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Old May 10, 2016, 11:26 am
  #22  
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Originally Posted by s0ssos
This is why America sucks.

If you look at Japan's rules, they will permit people to go out to a hotel, understanding that one cannot immediately get back on-board another flight directly out. In America, people don't really have rights. That is, Americans. Apparently America doesn't believe in rights for non-Americans even though they signed international conventions.
Originally Posted by s0ssos
So, 14 hours sitting in a room (waiting and interview rooms) is ok? I guess you find that comfortable and reassuring, as opposed to "uncomfortable and upsetting"?
Originally Posted by GUWonder
I am no fan of plenty of things that CBP does and tries to get away with doing, but such uncomfortable and upsetting outcomes are the result when US VWP users are deemed inadmissible at US airports of entry.

What does the denied entry traveler do for work outside of the US? How did she pay for her ticket?
Originally Posted by s0ssos
But they don't have to. Some airlines try to provide lodging so people don't have to sleep on the floor. Apparently when Air Canada had people sleep on the floor there was a big uproar. So I guess for Americans and Canadians it is a "right" to sleep on a comfortable surface.

I would say keeping someone in a room for 14 hours isn't humane. But I guess that's for another forum.
This really isn't a US-only situation. I have a friend who spent hours detained in a Heathrow holding room because of visa issues before being voluntarily removed, and he said it wasn't a very pleasant experience, either.
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Old May 10, 2016, 12:27 pm
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Originally Posted by chgoeditor
This really isn't a US-only situation. I have a friend who spent hours detained in a Heathrow holding room because of visa issues before being voluntarily removed, and he said it wasn't a very pleasant experience, either.
Visa issues are a VERY different kind of situation than what happened here.

Here, we had a person being denied entry because the officer thought (most probably) she would overstay/becoming an illegal/wanting to marry a US citizen (which she would need a different kind of permission to enter the US) - her documents were perfectly in order, and she would probably have been able to enter the US at most other airports, or even at the same immigration officer, had she been able to talk to them and convince him/them she will depart the US as planned on her return flight.

In your friends case, if there is a visa issue, there is a visa issue - lacking details, I doubt he would have been let in if he could "bring his story on the table" more convienently, which was the case here.
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Old May 10, 2016, 12:31 pm
  #24  
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Originally Posted by GUWonder
She should consider applying for a US visa. While having a US visa doesn't generally guarantee being admissible into the US, it's helpful in some ways even for people who may have otherwise thought about just using the US VWP.

Who paid for her ticket? And what does she do for her profession in Japan (or wherever she lives)?
After she got back to Japan today, she mentioned the officer advised her to get student visa next time, but future admission will be difficult.
But, she got intimidated, her iphone got checked and total privacy invasion and bags examined.
Imagine one of those FBI interview room and you are left sitting there for 14 hours with no blanket nothing.

She paid the ticket herself.
She works in salon in japan

Originally Posted by chgoeditor
This really isn't a US-only situation. I have a friend who spent hours detained in a Heathrow holding room because of visa issues before being voluntarily removed, and he said it wasn't a very pleasant experience, either.
I would imagine it is happening in non-Asian countries. Asian countries I would bet treat foreigners better, well except in north korea, if somebody silly enough to go there

Last edited by TWA884; Mar 27, 2019 at 11:30 pm Reason: Merge consecutive posts by the same member
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Old May 10, 2016, 12:36 pm
  #25  
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Originally Posted by ssg10
After she got back to Japan today, she mentioned the officer advised her to get student visa next time, but future admission will be difficult.


That intimates that the officer thought she was trying to come into the country for a reason not eligible for using the VWP.
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Old May 10, 2016, 12:40 pm
  #26  
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Originally Posted by ssg10
Hi all,

I spent all night waiting at the LA airport for my friend to come out after arriving from japan 7pm. Finally after 14 hours, she got sent back to her country. Very sad. She cried a lot. Even worse, her English is pretty much 0.
Now, does this mean she is in the black list?
Does DHS TRIP filing for redress work for this case?
She has no criminal background. Never overstay. She got in using Visa waiver.
Her first time in US was last month for 10 days. She liked US so she decided to come back less than 30 days for more sightseeing. But, I got a feeling it may get flagged and got sent to secondary inspection.

For sure, this is total mistreatment, which has no base to reject entry and left her hanging dry for 15 hours at the waiting and interview room. I understood it is up to them and their mood, but this is totally ridiculous

Where should I go from here to help her ? DHS TRIP? Complain to senator?
You say she came from Japan but was sent back to "her country." Pardon my suspicions, but

--Is she a citizen of Japan traveling with a valid Japanese passport?

--Is she a resident of Japan?

--What is her job, if any, in her country of residence?

--What is the nature of your relationship with this person who knows zero English? I consider picking someone up at LAX to be closer to boyfriend/husband duty than casual friendship.
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Old May 10, 2016, 12:48 pm
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Originally Posted by ssg10
I would imagine it is happening in non-Asian countries. Asian countries I would bet treat foreigners better, well except in north korea, if somebody silly enough to go there
Actually, as long as you don't try to steal stuff, I doubt any regular tourist would get such an experience in the DPRK

Working in a "salon" - hmmm.. I guess that's perfectly regular job in Japan, but it might cause some "thinking" at the immigration officers evaluation..
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Old May 10, 2016, 12:49 pm
  #28  
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Originally Posted by ssg10
After she got back to Japan today, she mentioned the officer advised her to get student visa next time, but future admission will be difficult.
But, she got intimidated, her iphone got checked and total privacy invasion and bags examined.
Imagine one of those FBI interview room and you are left sitting there for 14 hours with no blanket nothing.

She paid the ticket herself.
She works in salon in japan
Yeah, if she's entering the USA to be a student in any sense, she needs a student visa. This includes various short courses and training programs, not just university study for a degree.
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Old May 10, 2016, 12:49 pm
  #29  
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Originally Posted by YuropFlyer
All in all, a person barely speaking English and thus language barriers between her and the officer, a quick second visit back in the US, unclear situation about what she will do, probably too much "interesting" points all in all, and the officer in charge decided that her visit was a bit "weird".
You made sense here.

I think she got flagged since she tried to come back less than 30 days.
Not sure if there is any rule about that, but there was a family waiting for their sister that got into secondary inspection for 10 hours as well due to the same reason, she came back less than 30 days for good reason,.. she needed to finish some urgent work at her native country. AND, she has valid tourist visa and has been admitted to US for many years.

Now, I just want to make it clear.

My friend coming back here is for real intention to travel around US and shopping. NO intention to overstay, work or marry or any of other illegal activities. She is very innocent. But, unfortunately got flagged for something she does not even attempt to do.

To me this is a total misjudgement. They caught the wrong person.

Back to the real question here. Will DHS TRIP (redress) help in this situation?
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Old May 10, 2016, 12:52 pm
  #30  
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Originally Posted by YuropFlyer
Actually, as long as you don't try to steal stuff, I doubt any regular tourist would get such an experience in the DPRK

Working in a "salon" - hmmm.. I guess that's perfectly regular job in Japan, but it might cause some "thinking" at the immigration officers evaluation..
My reaction too. Salon work (not sure what she does in the salon) could be a nail salon, hair salon, spa, massage "salon", tea salon, hostess salon, karaoke salon, etc. Unless she's a high end senior hair stylist, it's unlikely that she earns enough money to obviously be able to buy two TPAC RT tickets in short succession. It also could look a little strange for a salon employee to have so much vacation time for these trips.
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