PLEASE HELP, girlfriends visa suspended 5 years for working in US, deported by CBP!

#1
Hello Everyone,
I'm writing on behalf of dear friend who recently had her R B1/B2 visa suspended as she was trying to visit the US last week. The lady is a lifelong citizen of Brazil and her name is Isa. I met Isa back in August when she was introduced to me by my CNA, Isa only worked for me for a short period, taking over for that CNA while she was recovering from a minor surgery. I'm disabled and need CNA care 7 days a week for 3 hours each day. Isa and I hit it off right away, I've never met a more kind, caring and sweet person. She also did a very good job as a CNA even though she's never done that type of work before, she's actually a psychologist. Isa only had one month left on her visa (she'd already stayed 5 months) so we spent as much time as we could together during that month. We even spoke of living together and perhaps one day getting married. We truly love each other and it was heartbreaking when she had to leave back in August.

She went back to Brazil with hopes of returning to the US as soon as immigration would allow. At first she thought this would be mid-October but it later changed to 11/16. Plans were for her to visit with me the day she returned and again to spend as much time as we could together. She was also planning to come with me to an MRI I was having on 11/20. She was doing this as a friend, not for pay. She would be living at her best friend's home and also helping care for that person's 2 daughters (not for pay). Isabela flew into Newark international Airport that morning and met with Customs and Border Patrol agents and this is where the problem started. When the agent asked her whether she had ever worked for pay in the US during her previous trip, she told him no and the agent immediately started to become abusive and yelling at her saying things like "don't lie to me! I'm not fucking around!". She argued with him briefly saying that her work was voluntary but eventually the agent said that if she continued lying HE WOULD IMMEDIATELY DEPORT HER BUT IF SHE TOLD THE TRUTH, HE WOULD ALLOW HER TO STAY IN THE US FOR ONE MONTH. It was also at this time that the agent confiscated her cell phone.

She said the agent told her he would give her time to think about whether she wanted to change her story and that if and when she did, they would take a statement from her and videotape that statement for the record. They left her alone for approximately one hour (even though at first the agent said she'd only have to wait a few minutes) at which point a different agent took her to another room to make her statement. During this statement, she apologized for lying earlier and confessed that she did in fact work for pay during her last visit to the US. She explained to the agent that times were tough in her country and she was just trying to raise money to send her kids to school. During the statement, she also told the agent that she would be willing to work for the US government for no pay in an effort to make up for what she did. She begged the agent that she be allowed to stay so that she could spend time with me and her best friend and her best friends 2 daughters.

The agent that took the statement then met with the first agent she met with along with another woman who was apparently a supervisor. Isa said she could hear them arguing for almost 30 minutes about what to do with her, let her stay in the US or deport her. In the end, even for the agent originally said that if she TOLD THE TRUTH HE WOULD ALLOW HER TO STAY, HE ENDED UP DEPORTING HER IMMEDIATELY ANYWAY. What's worse is they told her she CANNOT COME BACK TO the US FOR ANOTHER 5 YEARS!

This whole affair took approximately 13 hours and during that time Isa's cell phone was confiscated for pretty much the whole time. Isa begged and pleaded several times that she be allowed to use her cell phone as she had me, the woman she was going to the living with, the person that was picking her up at the airport as well as her own parents all waiting to hear from her to make sure she was okay. The agent responded that he "didn't care" and would make a call to only one person on her behalf, he wouldn't allow her to make the call herself. Isa's PHONE WASN'T RETURNED TO HER UNTIL SHE LANDED BACK IN BRAZIL THE FOLLOWING DAY. She said during this whole time she was treated like a common criminal, with the agent using a lot of profanity, talking down to her and even cracking jokes with the other agents about her.

The main reason I'm writing this post is to hopefully get information about how I can help Isa get her visa reinstated as soon as possible. I know what she did was wrong and more importantly she knows what she did was wrong but to have her visa suspended for 5 years seems extremely harsh. Her visa wasn't due to expire until 2026. She went through great effort and money to get that visa. She also spent a lot of money on the airfare for flying from Brazil to the US. Almost just as harsh was her being deported the day she arrived in the US, not being allowed to visit or even communicate with any friends and loved ones. The agent should have at least allowed her to stay the one month he told her she could stay if she told the truth. Again my main reason for posting this is to get Isa is visa reinstated ASAP but is essentially also wants to make sure others are treated as badly as she was. And we both know that a lot of other people have received a lot worse treatment from CBP officers than she did for even less serious reasons.

She was told she was deported because she took on a job during her last visit to the US when she wasn't supposed to. However, the amount of time she worked was very short. She only worked for me for one month, 7 days a week but only 3 hours a day. Prior to that, she did work cleaning houses and I think she only did that 5 or 6 times. The only other job she did was babysitting for her best friend and she didn't even get paid for that, her friend was letting Isa live in her home in exchange for the babysitting. And she only did that 4 days each month! Can someone tell me, does that even count as work, (according to immigration regulations) considering she wasn't being paid in cash? FYI, Isa has no criminal record here or in Brazil and has been a psychologist for most of her adult life.

As I said, we truly love each other and I'm willing to do whatever I can (as is she) to get this suspension lifted from her visa. Any help you all can provide is greatly appreciated, thank you!

Dan
 

SusieQQQ

Well-Known Member
#2
She worked illegally, she suffers the consequences. I’m sorry if this sounds unsympathetic but she broke the rules, she violated the terms of her visa, and she pays the price. It’s a pity she spent all that money on the visa and flying here and then violated the terms under which she was granted that visa. At least she doesn’t have a permanent bar.

And yes, unpaid babysitting counts as work, and it wasn’t even unpaid as she was paid in kind through accommodation.
 

Sm1smom

Super Moderator
#4
Unfortunately, nothing you can do to get her visa reinstated. And she’s most likely never gonna get a NIV to the US again even when her five year ban is over. She violated the terms of her B1/B2 visa several times in several ways.
 
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