Skip to main content

Withdrawal of Application for Admission (YYZ) - bad treatment, unreasonable doc request! Recourse? Reapply @ land border? lawyer

New York, NY |

Born Canadian. Enroute fly NYC visit was accused of immigrant intent -asked to withdraw my application. Came bk 1 day later, gave requested docs (bank statements etc). Given 30 day B2. Came home on time. 30 days later needed to go back for another wedding. Brought invite, more docs showing ties, return ticket etc. Suprv assigned did not look at any of the docs, was very intent on finding a reason for app withdrawal. Going so far, as to refer me to US Public Health for a ($250) evaluation of my 'mental state' b/c I am on a very lowest dose of Zyban (aka Wellbutrin)!! Also cited (wrong) internet info claim I worked in US 2 yrs ago. Saw at home, clearly 9 yrs ago & not work.
Am told shouldnt of signed withdraw? Ask for appeal/judge instead? Go to land border/tell new officer? Advice? Links?

The Suprv abuse and over reaching is pretty obvious in the withdrawal. On my way out, one of the officers who witnessed the rude Suprv, whispered "go to the border" to me. Basically what are my options? A colleague told me that I should not have signed the Withdrawal App, and asked for an appeal/judge instead? How does the appeal process work? Any links that explain the process? Thanks much in advance... UPDATE: I spoke to Land Border Officer over phone and he said no guarantees but is better to go Border, as more levels of authority. He also found the medical eval very extreme, which can explain why I would want border. QUES: I actually did attend a US Dr, who I'm sure would provide a statement as to my 'mental health' - would that work?

+ Read More

Attorney answers 2

Posted

Did the right thing by bringing evidence of ties to home country (property abroad), temporary nature of visit (wedding invitation) even if they failed to look at them.

Would NOT say you did the wrong thing by withdrawing request for admission; no long term harm here where if you don't they can put you through "expedited removal" - quick, at-the-border deportation with five-year bar to coming back.

Would NOT try to go through different post, all info will be in computer PLUS it will look like you are trying to avoid last post and arouse further suspicions.

Consult an immigration attorney to assemble best overall evidence of ties to home country/commitment to return, gather evidence that info cited by officer(s) was incorrect (your own medical report saying no problem with mental state plus evaluation here if you have it, and evidence/documentation that time here was nine years ago and non-work).

Link: below, the Traveler's Redress Inquiry Program, to address "bad" info in the DHS computer system and keep people having the same bad experience over and over from having it. Take a look and once you've consulted a lawyer and have all your info together consider using the program ( a lawyer may be able to help with the application).

Good luck.

Posted

Consult an immigration attorney just as Mr. Reich observes.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer