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?
Criminal Defense Attorney
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.
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No. the I-601A process is only available to those whose sole ground of inadmissibility is the "unlawful presence" bar.
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.
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.
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Real Estate Attorney
It sounds as though you would benefit from a FOIA request. Consult an immigration lawyer as soon as possible.
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