DS230 Part 1 Ques 40f and 40h

[SimpleGrace 0]

I have a question regarding filling out the DS230 form.

First my history:

In 2009 I received a letter from USCIS to appear for a master hearing for removal proceeding. I went to the master hearing with my lawyer and was told to come back 6months later for another hearing. Within the 6 months I decided to Leave for a nursing school outside the US. So after I left, I went to the US embassy to get a paper signed that I physically out of the US. The paperwork was sent back to the lawyer/courts/uscis that I was not longer in the US, and thus I was granted a voluntary departure in my absence.

In 2011, I (still outside the US) got a call from a family member that ICE sent me a certified letter to report to an officer with 30lbs of luggage for deportation. Immediately, I had them fax the letter to my old lawyer. I asked him why I would get such a letter since I had left the US and sent back records and was approved by the judge as voluntary departure. He said "it was a matter of the right hand not knowing what the left hand was doing"...that he will call ICE. He spoke to the ICE officer on my behalf in July 2011 and told them that I had already left the country since 2010.

Fast-ward today:

I am trying to figure how to answer 2 of the questions in the DS 230 form (yes or no):

F) An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; who seeks or has sought a visa, entry into the United States, or any immigration benefit by fraud or misrepresentation; who knowingly assisted any other alien to enter or try to enter the United States in violation of law; who, after November 30, 1996, attended in student visa status a U.S. public elementary school or who attended a U.S. public secondary school without reimbursing the school; or who is subject to a civil penalty under INA 274C.

H) An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years.

Help!

And NO, I did not enter the country illegally, I was a law-abiding tax paying person. My approved application was based on a self-petition of a widow of a US citizen (form I-360)

The only ??? is regarding the removals/voluntary departure and the mistake from ICE thinking I was still in the US.

Thank You

Edited September 29, 2011 by SimpleGrace

[SimpleGrace 0]

no takers??