Removal proceedings are terminated by BIA after confirmed that I did not receive NTA. Is it comes under wrong deportation,

Asked 12 months ago - Phoenix, AZ

deported in 2010 back to India, Removal proceedings are terminated by Board in 2011. Board confirmed that I did not received NTA(Notice to Appear). DHS(Dept of Homeland Security) is aslo not contested on this. Does it comes under wrong deportation.
Do i need to file form I-212 to return back to US. Please let me know, waiting for your kind response.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

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    Answered . That depends on whether an NTA was eventually filed and proceedings reinitiated. They have to serve your NTA on you via regular mail to the last known address reported by you to them.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Giacomo Jacques Behar

    Pro

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    Answered . No, if if was an erroneous deportation, you do NOT need a waiver. Not enough facts to know what your status was before. But whatever it was now is your change to reinstate that. I would try to be here for your upcoming hearing if BIA now remanded to the IJ. Try to,obtain a B1/B2 for your upcoming hearing. At least your attorney should be at the hearing to argue on your behalf.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Jeffrey Adam Devore

    Contributor Level 20

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    Answered . If the deportation order was vacated then you would not be inadmissible due to a prior deportation. Thus, it wold appear that an I-212 is not required.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

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