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Was my husband "expedited removal" or "catch and release" what are our options and why does it make a difference when we process

Los Angeles, CA |

I have adjusted my status under 245i,my husband who is a qualifying derivative beneficiary EWI when he was 17 in july 2000, prior to succesfully entering him and his family attempted for a whole week to enter but were caught at the border all 7 times. My husband said border officials didnt make them sign anything or asked them any questions besides the usual name,dob,nationality and only took fingerprints and sent them on their way to Tijuana.Im really confused as to if this sounds like an expedited removal because from my understanding he wouldnt be able to adjust if that was the case.He has no criminal records and has never left.

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Attorney answers 3


Difficult situation. Seeking readmission after god only knows how many prior removals. Will need at least two extreme hardship waivers from you. Hire the best immigration lawyer (not "notario" or "consultant" money can buy!

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.


First step is to file a Freedom of Information Act with DHS to determine their position on the matter. Then you can proceed with any course of action with USCIS.


I agree with both answers, you first need to know what happened at the border. A FOIA request is a necessity, but you must also request the information from CBP in case he was interviewed at the border.

You will most likely need waivers and consular processing, for which an experience immigration attorney is a necessity.

Stanley Dale Radtke, Esq. 415-480-4529. The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship