IHelp! I do not know what to answer on DS-230 II, question 40h!

Asked over 1 year ago - Flushing, NY

IN July, 2007 my father was caught entering the USA and was deported right away. he has his Immigrant visa interview in two weeks but I am not sure what to answer on 40h since, he was deported but never resided in the USA . Help please!

Attorney answers (4)

  1. Veronica Tunitsky

    Contributor Level 18


    Lawyers agree

    Answered . Was it perhaps expedited removal at the border? Are you sure he was actually deported and not 'caught and released'?

    The proper way to have done this is to have asked for a copy of your fayher's immigration file from border patrol and a background check from the FBI.

    If you have your father's paperwork, take it to an attorney for review.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  2. Irene Vaisman

    Contributor Level 20


    Lawyers agree

    Answered . I agree with Ms. Tunitsky. The interview is in 2 weeks and you should speak with an attorney sooner rather than later.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . If your father came from Mexico and is a Mexican national, in all likelihood he was "expeditiously removed", with a 5 year ban on reentry.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Jeffrey Jose Estrella

    Contributor Level 13


    Lawyer agrees

    Answered . Yes, an attorney must obtain and review the file right away to best advise you.

    Hire a lawyer to protect your legal rights.
    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more

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