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  • Is it possible?

    I have the following question and I hope you can answer it: If someone is coming to the USA, he/she is stopped at the border, not deteined, just stopped and then returned to her/his country because of any reason (visa is cancelled) - does this person have the right to call the lawyer when he/she is stopped or not because he/she is not admitted to the USA? I know he/she has the right to call the consulate but what about the lawyer? Can he/she call him?

    Thanks for your help.

  • #2
    Кира, о чём базар?

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    • #3
      I am talking about the situation when a Russian guy is trying to come to the US and they send him back home. It means he is not admitted to the US.

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      • #4
        Explain the reason he was sent back. Did he have fruadelent documents?

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        • #5
          not admitted is not admitted....there is no right to call some shyster attorney. The alien has not been admitted to the US, so additional "rights"are not available....nyett...sounds like another dirtbag was properly returned to his/her country....good riddance.

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          • #6
            Just asked the question because everyone says that not admitted person HAS the right to call the attorney. I was pretty sure they are wrong. That's why I posted my question. Thanks a lot for your answer Someone12.

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            • #7
              If a person is not admitted at the port of entry, it's known as summary exclusion. The BCP officer has the discretion to summarily exclude an applicant for entry.

              A person who has been summarily excluded is barred from requesting entry to the United States for a period of five years. Sometimes, a BCP officer will allow an individual to withdraw their application for entry, and return to their country of origin voluntarily.

              In the case of a withdrawal of an application for entry...the allowance of which is again at the BCP officer's discretion...means that the five year bar against reentry is not applicable.

              Given that someone who has been summarily excluded has not been admitted to the United States, they have no legal recourse...therefore, no necessity to call a lawyer.

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