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

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.

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Attorney answers 3

Best Answer

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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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 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.


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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.