There are a couple more options, depending on how much he wants to see
his sister.
First, its really important to remember that the border officer can
ALWAYS refuse entry at their discretion, regardless of what paperwork
you may have. Its a risk everyone takes when crossing the border.
OK, options--he can apply for a B visa at the American Consulate.
Generally speaking, he wouldn't need one unless he was going to stay
for longer than his VWP would allow, but it does assure the border
officer that he has been through an interview and check before he gets
to the border. I would most certainly explain what happened to the
consulate officer. One thing you NEVER do is try to fib to the INS
guys.
Second, he may have absolutely no problem crossing if he has a
different officer inspect him with his current documentation. However,
the border folks keep a database of people they've turned back. If the
officer put him in there, if the officer doesn't renew the data entry
after 90 days (I think) the system will automatically drop the record
of his failed attempt to enter.
If it were MY brother, I would get a letter of invitation (see form
I-134 on uscis site) from my sister--an affidavit from my parents
stating that I live at home and they support me and even a copy of
their will if he stands to inherit, because property ownership is a
strong indication of intent to return.
Also a file of job apps that he's filled out and responses from
prospective employers, or maybe registration stuff from college if he's
continuing his education, etc.
Employment is definitely not the only way to show intent to return.
Then I'd head back to the border and BEFORE they run the passport, tell
them about the last time and that he gathered up some stuff that might
help show ties and a method of support (invitation from sister) while
he's in the US--and take the attitude that he is asking THEM for help
on this, and if there is something else he might be able to produce for
them so he can visit his sister??? Work WITH them. If he doesn't get
a total ass for a border officer, it should work out okay. The
invitation from the sister promising to support him while he visits is
really important.
There are more ways to show ties than just employment, and just because
one jerk turned him away doesn't mean another officer would do the
same.
Char
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