据美国《世界日报》报道,又到了开学季,在美留学的中国留学生陆续返美,其中有学生反映,有不少学生在海关被查手机通讯记录,其中有人因为被查到有不良记录被遣送回国,自此留学之路渺茫。

Chinese students studying in the U.S. have returned to the U.S. since the beginning of the school season, with some reflecting that many students have been checked on mobile phone communications records at customs, and others have been sent home because they have been found to have bad records.

  知情人爆料称,在河滨加大(UCRiverside)读大一的小A,在海关入境美国时,其被查的手机微信中有“代考”的聊天记录,随即被遣返回国。小A当天入关时,先是被带到所谓的“小黑屋”进一步调查。

According to sources familiar with the matter, uc riverside freshmen a, when customs entered the u.s., its mobile phone wechat checked \"on behalf of the test\" chat record, was returned to the country. Small A entered the customs on the same day, first was taken to the so-called \"small black house\" further investigation.

  知情人士表示,当时一名海关人员在屋内跟她聊了一些基本情况,随后突然问“可以看一下你的手机吗”?小A说,本来被盘问没觉得有什么问题,结果突然要看手机。她随后把手机交了出去,有三、四名懂中文的海关人员开始查起来,并翻译成英文给旁边的其他工作人员。

  因为微信聊天记录颇多,小A回忆,海关人员采用关键词搜索的办法来找,例如输入“代课”、“代考”等关键词。小A被遣返回北京,她表示已经跟学校联系,看如何处理后续事件。学校称会在一周内回复她。

Because WeChat chat record is quite many, small A recalls, the customs officer uses the keyword search method to look for, for example enters \"substitute class \",\" substitute examination\" and so on keyword. A, who was sent back to Beijing, said she had contacted the school to see how to deal with the follow-up. The school said it would reply to her within a week.

  在小A对此事一筹莫展时,她又得知另一位在洛杉矶加大(UCLA)读书的朋友,也被遣返回国。原来,那位朋友同样是开学返美入海关时被要求查手机,在微信聊天记录被查出其购买大麻的历史,也被遣返回国。小A向友人说,她记得以前只有一个懂中文的海关人员,这次竟然有三、四个懂中文的人员在盘查。她身边的朋友有一大半都有被带去小黑屋查看手机记录的经历。

While A was at a loss, she learned that another friend of hers, a student at the UCLA in Los Angeles, had also been sent home. It turned out that the friend was also asked to check the mobile phone when he returned to customs at the beginning of school, and was returned to the country after wechat chat records were found out about his history of buying marijuana. Little A told his friend that she remembered that there was only one customs officer who knew Chinese. More than half of her friends had been taken to the little black house to check cell phone records.

  移民律师许俊良说,在海关被遣返在法律上一般有两种原因,一是禁止入境,二是加速递解出境。第一种情况严重性比较轻,是在没有违反事实的情况下不许入境,例如来美国旅游次数太多,工作人员拒绝再让其入境。第二种加速递解出境的情况比较严重。像前述提到的两种情况就是大麻烦。如大麻虽然在加州合法,但在联邦仍是非法,而海关属于联邦机构,因此购买大麻也属违法。曾有一人因在医用大麻店工作过,在入籍时失败的案例。

Immigration lawyer Xu Junliang said there are generally two legal reasons for being deported at customs, one is to ban entry and the other is to accelerate deportation. The first is less serious and is the denial of entry without violating the facts, such as the high number of visits to the United States and the refusal of staff members to re-enter. The second type of accelerated deportation is more serious. The two situations mentioned above are big trouble. If marijuana is legal in California, it is still illegal in the Federation and customs are federal agencies, so is the purchase of marijuana. There was a case of a person who failed in naturalization because he worked in a medical marijuana store.

  许俊良又说,上述情况应该是当事人被立刻取消签证,海关会给当事人一个写明递解出境原因的纸条。并会将这一信息和移民局分享。即使当事人通过学校协商签发了新的I-20,在领事馆申请签证时也很难过关。

Xu added that the above situation should be that the party was immediately cancelled visa, customs will give the party a note stating the reasons for deportation. and will share this information with the Immigration Department. Even if the parties issue a new I-20 through school negotiation, it will be difficult to apply for a visa at the consulate.

  针对留学生及其他入境美国的民众,面对海关盘查时有何权益?许俊良说,如果在海关被查,当事人因为还不算在美国境内,因此无权找律师维护利益。但是法律对海关人员的权利也有所限制,如果当事人坚持不给海关看手机,海关人员也就没有证据证明当事人触犯移民法。

What are the rights and interests of foreign students and other people entering the United States? If checked at customs, mr. xu says, the client has no right to seek counsel to defend his interests because he is not yet in the united states. However, the law also restricts the rights of customs officers, if the parties insist not to show the customs mobile phone, customs officers have no evidence to prove that the party violated the immigration law.

  他举例说,他一位持有绿卡的客户,常常在美国境外活动,但一年中也有至少一半时间在美国。一次在入海关时被带进“小黑屋”,海关人员想要说服他放弃绿卡,但是那位先生坚持不放弃绿卡,就这样来来回回,海关人员换了好几个人想要劝服他,双方耗了大半天时间,最终还是让那位先生入境。

A client with a green card, for example, often operates outside the United States, but also spends at least half of the year in the United States. Once brought into the \"little black house\" when he entered the customs, customs officers wanted to persuade him to give up the green card, but the gentleman insisted on not giving up the green card, so back and forth, customs officers changed several people want to persuade him, both sides spent most of the day, finally let the gentleman enter.

  律师刘龙珠表示,民众确实有不给海关看手机的权利,但是海关也有可能为此拒绝当事人入境。面对被海关盘查遣返案例,刘龙珠说,当事人可以尝试申诉。比如上述通过微信聊天记录被遣返的案例,因为聊天都是只言词组,无法完整地证明当事人确实做过此事,除非当时已经承认了。通过调出当时海关的对话记录,可以看是否海关有充分理由、证据,证明当时确实做过。例如,对于“代考”一事,当事人完全可以说是替别人问的,自己没有做过。

Lawyers Liu Longzhu said the public did have the right not to show the customs mobile phone, but the customs may also refuse to enter the country for this purpose. In the face of the case of being checked by the customs for repatriation, Liu Longzhu said that the parties can try to complain. For example, the above-mentioned case of being returned via wechat chat record, because the chat is a word phrase, cannot fully prove that the party did this, unless it was admitted at that time. By transferring the record of the customs dialogue at that time, it can be seen whether the customs has sufficient grounds and evidence to prove that it did. For example, for the \"test on behalf\" of the matter, the parties can be said to be asked for others, their own did not do.

  刘龙珠说,就看当事人怎么说了。他曾经接手过一个在海关被怀疑L1签证作假,被遣返的案例,最后通过申诉成功翻案。他说,假如不做申诉这一步,学生怕是很难再次获得学生签证了。(王若然)

Liu Longzhu said, depending on how the parties said. He had taken over a case of suspected L1 visa fraud and deportation at the customs and was eventually successfully turned over by appeal. He said it would be difficult for students to get a student visa again if they didn't file a complaint. (Wang Ruoran)


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