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

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!

Flushing, NY -

Attorney Answers (4)

Veronica Tunitsky

Veronica Tunitsky

Immigration Attorney - Houston, TX
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
Mark as helpful
Irene Vaisman

Irene Vaisman

Immigration Attorney - New York, NY
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.
Mark as helpful
Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
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
Mark as helpful
Jeffrey Jose Estrella

Jeffrey Jose Estrella

Immigration Attorney - New York, NY
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
www.EstrellaLawyer.com

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

Questions? An attorney can help.

Ask your questions on our Q&A forum. It's free and anonymous.

Ask a Lawyer

Need to find an attorney? Browse our lawyer directory.

Find a Lawyer