Skip to main content

Do I qualify for the I-601A if I had a voluntary deportation?

Brooklyn, NY |

I entered the US in 1990. I returned to Mexico in 1995, and came back to the US after news of my pregnancy I entered the US using someone else's Alien Card given to me by a person who smuggled people into the states. I was caught by immigration, gave a different name and remained in jail for about a month. I was then seen by a judge telling me to not come back into the states. I signed a voluntary deportation, I was finger printed and was on my way. I then returned to the US immediately, without being caught again. My USC husband is in the process of adjusting my status. We have an approved I-130, and my case was forwarded to the NVC. I was wondering if my finger prints remain with immigration, or if they get rid of them after a certain time? Would I still be able to apply for the I-601A?

Attorney Answers 5

Posted

First thing first get a USCIS FOIA to obtain what USCIS has about your immigration history. This may take a couple of months, then consult an immigration lawyer.

Tel. 617.221.3030 (lawyer of Worcester, Quincy, NY) www.severowang.com If you find the attorneys' answers are helpful, please thank the attorneys by marking their answers "helpful" or "best answers" so that they can get their credit from AVVO. The attorneys donate their time on AVVO to answer legal questions for free merely contribute their legal advice and do not create any legal representation relationships.

Mark as helpful

3 lawyers agree

Posted

No. the I-601A process is only available to those whose sole ground of inadmissibility is the "unlawful presence" bar.

Mark as helpful

4 lawyers agree

Posted

If it is in fact a deportation, then no.

You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

4 lawyers agree

Posted

I don't think you will qualify for the I-601A. However, a definite answer is hard to reach over AVVO, because you are dealing with a long period of time and numerous entries into the United States. Your case is complicated, to say the least, and laws have changed over time.

My recommendation is not to send any further information or documents to USCIS until you consult with an immigration attorney, immediately. Several of us provide free initial consultation. Take advantage of that and get a thorough analysis of your case. I would not try to do this on your own.

FREE INITIAL CONSULTATION AVAILABLE. Phone (646) 663-5902. Offices in Queens and Manhattan. Website located at ConroyImmigration.com. Our responses on this site do not create an attorney-client relationship. Our responses on this website are for educational purposes only and should not be construed as legal advice. Immigration and nationality law is a complex area of law which requires careful review of a person's particular circumstances. Do not rely on any answers provided on this site to make a decision on your case. For proper legal advice, you may contact us for a free initial consultation.

Mark as helpful

4 lawyers agree

Posted

It sounds as though you would benefit from a FOIA request. Consult an immigration lawyer as soon as possible.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Mark as helpful

3 lawyers agree

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics