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How do I find out if my husband was issued a 3 or 10 year ban?

Hayward, CA |

My husband was deported for 10 years. So he thinks. I have no paperwork stating how long his ban is for. He stayed in the U.S illegally for less than 180 days so I'm not sure how long his ban is for. I called USCIS and they said to call the U.S Embassy in my husbands country to find out. Is that true? Any answers would be greatly appreciated. Thank you in advance.

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Attorney answers 5

Best Answer
Posted

You should start with a FOIA request. It's free to do, but it will take several months to get the response back. To know who to send the request to, it's important to know what agency was involved. Did your husband have a case in immigration court, where a judge ordered him deported? That would be a FOIA to EOIR, the agency that has the immigration courts. They have instructions online here: http://www.justice.gov/eoir/efoia/foiafact.htm. If all of this happened at the border, without your husband ever going before a judge, then you probably need to make a FOIA request with CBP, the agency that works at the border: http://www.cbp.gov/xp/cgov/admin/fl/foia/. You can call the U.S. embassy in your husband's country to see if they have this information, but my guess is they will tell you to do the FOIA.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

Asker

Posted

Thank you so much for your quick response. Your information was very helpful.

Posted

Submit a FOIA request. However, I would strongly suggest that you use an immigration lawyer. There is much more to our profession than filling out forms. There is a lot of analysis that occurs behind the scenes. Get a lawyer and do it right the first time. Repeating anything in the world of immigration is on a time scale of months or years. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

Posted

It is very unlikely that the consulate will give you any information unless he already applied for a visa. if he was ordered removed by an immigration judge, you can check with the court where the decision was made. Otherwise, file a FOIA request.

Posted

If he has overstayed for fewer than 180 days and has left voluntarily without deportation, it's for 3 years. If he has already served that time, you should contact an attorney to help with the procedure to bring him back.

Dhenu Savla, Esq.
SwagatUSA, LLC
www.swagatusa.com/attorney

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

Posted

I agree with my colleagues, submit a FOIA request. Good luck.

Any and all responses to this and any other questions are intended for basic informational purposes only and are not legal advice.

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