Horrible deportation after secondary inspection
#46
Original Poster
Join Date: Dec 2010
Location: SNA/LAX
Programs: AA++
Posts: 224
OP -Did she tell the CBP officer that she was visiting the US to study? I can't think of any other reason why a student visa would come up?
I think it's possible she wasn't "flagged" at all, it might have just been the officer asked "Purpose of your trip" and she said "Study hairdressing" and he said "Where's your student visa?"
Also, if her iPhone was searched it's because she had no password or she gave them the password. She didn't have to give the password, she could have refused, though for a non-citizen that probably virtually guarantees denial of entry.
For a US citizen, if CBP asks for your phone password, you answer should always be "No" or "I'll input the password if you show me a court order requiring me to do that."
I think it's possible she wasn't "flagged" at all, it might have just been the officer asked "Purpose of your trip" and she said "Study hairdressing" and he said "Where's your student visa?"
Also, if her iPhone was searched it's because she had no password or she gave them the password. She didn't have to give the password, she could have refused, though for a non-citizen that probably virtually guarantees denial of entry.
For a US citizen, if CBP asks for your phone password, you answer should always be "No" or "I'll input the password if you show me a court order requiring me to do that."
She has password of course and officer forced her to give password. Complete invasion of privacy without warrant. But, my lawyer mentioned in that room, she is technically NOT in US soil yet and no access to outside world. Lawyers cannot get in. This is where the trouble is. ANY fed officials like CBP can abuse the power !!
-They intimidated her, using foul languages, yelling, just like interrogating convicted murderer.
-Let her sleep without blanket on chair. Must take off jewelries and bra . (What??). The room is very cold. Totally inhumane.
Imagine if one of your foreign relatives get into this mess and they are totally INNOCENT. How do you feel?
Something should be done about this violation of human right.
#47
Moderator: Information Desk, Women Travelers, FlyerTalk Evangelist
Join Date: Jul 2003
Location: Chicago, IL, USA
Programs: AA Gold
Posts: 15,652
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.
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.
#48
Original Poster
Join Date: Dec 2010
Location: SNA/LAX
Programs: AA++
Posts: 224
Thank you GUWonder. Your response here really helps to give a glimpse of hope for her to come back here.
However, after all of those treatment, it is pretty traumatic and even might change her view of the friendly and great America.
Thanks again though
So, back to main question if anyone can comment
Will DHS TRIP or redress help to address the concern here or make it worse or do I need lawyer to do it?
https://www.dhs.gov/dhs-trip
There is also complaint form at:
https://help.cbp.gov/app/forms/departing/3rd
Does it help too?
Thanks
However, after all of those treatment, it is pretty traumatic and even might change her view of the friendly and great America.
Thanks again though
It's quite ordinary -- even rather common -- for economically self-sufficient adult Asians to reside with their working adult parents unless and until they get married. It's not even that rare for the wealthier amongst such group of Asians -- I'm even talking of those whose family's have net worths in the tens of millions of USD or even much, much higher -- to supplement their adult children's own income with additional money/allowances. Not that bizarre. That they live rent-free at home, gives them much more disposable income -- no wonder that the single, "stay-with-parents", working adult children are such an important market for luxury goods retailers. [This lack of understanding about the circumstances can create issues when dealing with CBP or even when dealing with US State Department authorities for visas or other matters.]
I know some people working in hair salons in some parts of Asia whose income exceeds that which would be made by Swedish medical doctors of the same or even much higher age.
Just because someone works in a field considered low income and/or low status in the US doesn't mean that everyone with such affiliation fits the stereotype bought by CBP.
Unfortunately, CBP doesn't do so well in inter-cultural understandings or dealing with the proverbial "exceptions". In many cases in the US, this CBP limitation results in being denied entry where a more informed person would arrive at a different conclusion about the very same set of circumstances.
If she was coming for training/education in the US, then she should have gotten the appropriate visa.
I know a number of people who repeatedly used the US VWP to enter the US and even managed to enroll in classes in the US. Eventually some of them got caught by CBP on attempted re-entry to the US. They would then routinely be sent to go back to point of origin from which they would then apply for a student visa. Most got the student visa without issue, some even got them fast enough to make it back to the US within a day or two. Post-9/11, it doesn't go as easy and fast, but it still quite routinely works out just fine for VWP countries' citizens who are denied admission to the US but then return with the appropriate visa.
I would suggest that the OP's acquaintance seek an appropriate visa at the US consulate/embassy most convenient to her and then go from there -- if still interested in visiting the US.
I know some people working in hair salons in some parts of Asia whose income exceeds that which would be made by Swedish medical doctors of the same or even much higher age.
Just because someone works in a field considered low income and/or low status in the US doesn't mean that everyone with such affiliation fits the stereotype bought by CBP.
Unfortunately, CBP doesn't do so well in inter-cultural understandings or dealing with the proverbial "exceptions". In many cases in the US, this CBP limitation results in being denied entry where a more informed person would arrive at a different conclusion about the very same set of circumstances.
If she was coming for training/education in the US, then she should have gotten the appropriate visa.
I know a number of people who repeatedly used the US VWP to enter the US and even managed to enroll in classes in the US. Eventually some of them got caught by CBP on attempted re-entry to the US. They would then routinely be sent to go back to point of origin from which they would then apply for a student visa. Most got the student visa without issue, some even got them fast enough to make it back to the US within a day or two. Post-9/11, it doesn't go as easy and fast, but it still quite routinely works out just fine for VWP countries' citizens who are denied admission to the US but then return with the appropriate visa.
I would suggest that the OP's acquaintance seek an appropriate visa at the US consulate/embassy most convenient to her and then go from there -- if still interested in visiting the US.
Will DHS TRIP or redress help to address the concern here or make it worse or do I need lawyer to do it?
https://www.dhs.gov/dhs-trip
There is also complaint form at:
https://help.cbp.gov/app/forms/departing/3rd
Does it help too?
Thanks
Last edited by TWA884; Mar 27, 2019 at 11:34 pm Reason: Merge consecutive posts by the same member
#49
Join Date: Jul 2010
Location: California. USA
Posts: 1,404
She did not have enough english skill to tell if she is there for study. No wifi in the interrogation room for even google translate to work.
She has password of course and officer forced her to give password. Complete invasion of privacy without warrant. But, my lawyer mentioned in that room, she is technically NOT in US soil yet and no access to outside world. Lawyers cannot get in. This is where the trouble is. ANY fed officials like CBP can abuse the power !!
-They intimidated her, using foul languages, yelling, just like interrogating convicted murderer.
-Let her sleep without blanket on chair. Must take off jewelries and bra . (What??). The room is very cold. Totally inhumane.
Imagine if one of your foreign relatives get into this mess and they are totally INNOCENT. How do you feel?
Something should be done about this violation of human right.
She has password of course and officer forced her to give password. Complete invasion of privacy without warrant. But, my lawyer mentioned in that room, she is technically NOT in US soil yet and no access to outside world. Lawyers cannot get in. This is where the trouble is. ANY fed officials like CBP can abuse the power !!
-They intimidated her, using foul languages, yelling, just like interrogating convicted murderer.
-Let her sleep without blanket on chair. Must take off jewelries and bra . (What??). The room is very cold. Totally inhumane.
Imagine if one of your foreign relatives get into this mess and they are totally INNOCENT. How do you feel?
Something should be done about this violation of human right.
#50
Join Date: May 2005
Location: Dulles, VA
Programs: UA Life Gold, Marriott Life Titanium
Posts: 2,757
A number of people have already stated this, but there isn't anyone to complain to, much less to complain about. She was denied entry to the US and returned home. This happens in every major US airport every day.
What sort of resolution are you expecting? An apology because the immigration guys didn't speak Japanese? Your friend may not speak good English, but I'm guessing she can read and write it pretty well. Did she attempt to communicate that way?
What sort of resolution are you expecting? An apology because the immigration guys didn't speak Japanese? Your friend may not speak good English, but I'm guessing she can read and write it pretty well. Did she attempt to communicate that way?
#53
FlyerTalk Evangelist
Join Date: Jun 2005
Posts: 38,410
Yup. Maybe a mistake but something she said made the inspector think she was coming to study.
#55
A FlyerTalk Posting Legend
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 100,413
#56
Join Date: Jul 2010
Location: California. USA
Posts: 1,404
Immigration is not customs.
Then they are really stupid. That got to be heck of a bra and necklace to do that.
Then they are really stupid. That got to be heck of a bra and necklace to do that.
Last edited by TWA884; Mar 27, 2019 at 11:35 pm
#57
Suspended
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
I doubt that they were thinking drug mule at the point where they wanted the necklace and bra removal. Even as I know that recently the CBP has been catching drug mules coming into the US from/via Japan -- but those are mostly non-Japanese drug miles.
I have some doubt that suicide concerns were the reason for both the necklace and bra pull.
Yes, as the information was already provided in response to my question about that. The OP did not pay for the ticket; rather, the denied entry passenger had paid for her own ticket.
I have some doubt that suicide concerns were the reason for both the necklace and bra pull.
Yes, as the information was already provided in response to my question about that. The OP did not pay for the ticket; rather, the denied entry passenger had paid for her own ticket.
#58
Original Poster
Join Date: Dec 2010
Location: SNA/LAX
Programs: AA++
Posts: 224
I doubt that they were thinking drug mule at the point where they wanted the necklace and bra removal. Even as I know that recently the CBP has been catching drug mules coming into the US from/via Japan -- but those are mostly non-Japanese drug miles.
I have some doubt that suicide concerns were the reason for both the necklace and bra pull.
Yes, as the information was already provided in response to my question about that. The OP did not pay for the ticket; rather, the denied entry passenger had paid for her own ticket.
I have some doubt that suicide concerns were the reason for both the necklace and bra pull.
Yes, as the information was already provided in response to my question about that. The OP did not pay for the ticket; rather, the denied entry passenger had paid for her own ticket.
#60
Original Poster
Join Date: Dec 2010
Location: SNA/LAX
Programs: AA++
Posts: 224
Because, no law applied in that room.
It is ridiculous. Everyday, every women might go through this in that airport secondary inspection.