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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!

Attorney Answers 4


  1. 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.


  2. 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. 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


  4. 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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