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Can someone please describe the difference between in answer choices on I-821-D for Daca?

Brownsville, TX |

I have a question regarding filling out I-821-D

Question #3.b Status or outcome

Can someone please describe the difference between

1. Currently in Proceedings (Active)
2. Currently in Proceedings (Administratively Closed)
3. Terminated
4. Subject to Final Order

This is in regards to question #3.a being answered as Yes, due to a previous Expedited Removal at POE.

Any help is greatly appreciated.

Attorney Answers 3

Posted

It seems to me that 3 is not the correct answer. None of the above are correct. Subject to final order may be the closest, since the individual in question, if the returned to the U.S. without permission, should be subject to reinstatement of the prior order.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

After further review I found out the subject was allowed to withdraw her application for admission in lieu of Expedited removal. Answer to question 3.a and 3.b would still remain the same, correct? Thank you for your time.

Posted

4. "subject to Final Order" is the correct category in your situation, since by having illegally reentered after having been "expeditiously" removed you have made yourself subject to the reinstatement of the previous order of removal.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

After further review I found out the subject was allowed to withdraw her application for admission in lieu of Expedited removal. Answer to question 3.a and 3.b would still remain the same, correct?

Asker

Posted

Thank You for your time by the way.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

No! In that case none of the above choices will apply to your set of facts, leave blank. All of the above choices have to do with someone having been in removal proceedings in immigration court or have had an order of removal having entered by a judge.

Posted

I agree with my colleagues ... 4 : final order

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

Thank You for your time. After further review I found out the subject was allowed to withdraw application for admission in lieu of Expedited removal. Answer to question 3.a and 3.b would still remain the same, correct?

F. J. Capriotti III

F. J. Capriotti III

Posted

This is a good example of why the 'subject' should: 1. File a FOIA 2. Meet with an attorney before filing DACA

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