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

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!

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Attorney answers 4

Posted

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 attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

Asker

Posted

well he was caught and got released with a bond. later appear before a Immigration and was deported. I petition him a long time ago, but the Embassy said he had to wait the 5 years. On July of the last year we received a letter form the embassy saying that he can now apply and request an interview

Veronica Tunitsky

Veronica Tunitsky

Posted

Hmm. Deportation ordered by an immigration judge is usually 10 years not 5. I'm sorry, but without taking a look at the records, I don't think I can be of more help.

Posted

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.

Posted

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
www.EstrellaLawyer.com

The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- 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 www.EstrellaLawyer.com

Posted

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 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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