Do I need a lawyer?

P

pinkplumage

Registered Users (C)
Family Based Green Card

I am married the U.S. citizen. I am about to apply green card through marriage. However, I was deported once in March 2005(F-1 visa problem). Then, I went back to my country. I re-apply f1 visa same year around August. I got my student visa without any problem.

B-1(July 2002) change status to F-1(August 2002) deported in April 2005
reapply F-1 August 2005 still maintain my status every since.

I am located in D.C. area. If I need lawyer, please advice.(COST)

Thanks

(my friend apply by herself. she was overstay her J-1 visa. she passed everything without any problem with in 3-4 months)

Any suggestion would help.
 
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With the deportation in your history, you need to involve an attorney in every immigration processing you undertake.

An overstay with marriage to a US citizen in minor issue. A deportation is very significant.
 
pinkplumage said:
I am not sure that they know or not. They did not ask me anything. I have traveled couple of time without any problem, too.
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It looks like you would not need a lawyer for your processing but one can never be too cautious in dealings with the USCIS. I would spend the $ on a consultation with an immigration lawyer to discuss all aspects of your case (not necessarily hire him for the processing). Just my 2 cents.
 
pinkplumage said:
I am not sure that they know or not. They did not ask me anything.
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Are you sure? The visa application form would have had a question about whether you ever had a visa revoked. If you answered NO, your green card will most probably be denied if they catch the lie that was on your F-1 application.
 
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Triple Citizen said:
On your DS-156, did you mention your previous visit (and overstay) to the US?
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To be honest. I am not sure about it. I am not sure if I make a copy of it. I need to go through my paper work again. Does anyway I can get a copy of those paper? gosh!!! Actually, I wasn't really intending to live in the U.S., so I did not keep track of anything.

Thanks for answering my question so far.

I really need to be prepare before spending lots of money on a lawyer. I will consult one anyway, but I don't want to get fool by a lawyer like my friend.
 
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Were you actually deported, or were you only refused entry? Those are two different things, with different legal consequences. If all they did was send you back to your country without letting you get past the port of entry, that's not deportation.

Deportation is when you get inside the country (past the airport, seaport, or border) and then they find you and force you to leave. If you were actually deported I don't think they would have let you reenter the US so quickly with a nonimmigrant visa.
 
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Jackolantern said:
Were you actually deported, or were you only refused entry? Those are two different things, with different legal consequences. If all they did was send you back to your country without letting you get past the port of entry, that's not deportation.

Deportation is when you get inside the country (past the airport, seaport, or border) and then they find you and force you to leave. If you were actually deported I don't think they would have let you reenter the US so quickly with a nonimmigrant visa.
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I didn't attend the school like I supposed to. When I try to register for next semester, they said I already out of status while I was still in the United States. So, I filed a paper to re-instate my status. About a month, they denialed my re-instate application, and in the letter they asked me to leave the country within certain date. I left the U.S. Then, I tried to get a new I-20 and re-apply. As I said before, I re-apply F-1 visa about the end of August.
 
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:confused:
pinkplumage said:
I didn't attend the school like I supposed to. When I try to register for next semester, they said I already out of status while I was still in the United States. So, I filed a paper to re-instate my status. About a month, they denialed my re-instate application, and in the letter they asked me to leave the country within certain date. I left the U.S. Then, I tried to get a new I-20 and re-apply. As I said before, I re-apply F-1 visa about the end of August.
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If you were issued a student visa, why didn't you attend school like you promised to the consular officer? :confused: being asked to leave the country isn't a deportation, more like a slap on a butt cheek to get your act together before you are destroyed...:D
 
pinkplumage said:
Can you give more detail about it? Then, what it will be? I talked to one of immigration consultant(not lawyer). She said, it means I was deported
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No, you weren't deported. Only an immigration judge can order you deported. You merely got a petition denied, were notified that you were out of status and then you left. You were never put into removal proceedings, never got a Notice To Appear or any of the other steps prior to a deportation.

Don't bother with this immigration consultant. You probably should plan for a 1 hour ~$100 consultation with a real attorney.
 
TheRealCanadian said:
No, you weren't deported. Only an immigration judge can order you deported. You merely got a petition denied, were notified that you were out of status and then you left. You were never put into removal proceedings, never got a Notice To Appear or any of the other steps prior to a deportation.

Don't bother with this immigration consultant. You probably should plan for a 1 hour ~$100 consultation with a real attorney.
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So, they asked me to leave the country. It will be in what circumstance?
 
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