I485 Question about Deportation

[JasmineNguyen 0]

Hi VJers,

I need help with question #8 on I485; it asks "Have you ever been deported, or removed from the US at the government expenses..."

My situation is this:

In 09/2006, I came to the State the 1st time for a student exchange program (J1 visa w/o 2 years bar) in North Carolina (I was 17). However, I had to cut short the program because I was not compatible with the host family. My program ended in 03/2007. So on my way back home, I flew to California, where my relatives lived. They encouraged me to apply for a Language School since my school year was cut short. They consulted with a lawyer and he said that I could adjust status from J1 to F1 to enroll in the Language School. At the time, I was young and not very knowledgeable so I trusted the lawyer and paid the guy. While waiting for the adjustment, I took ESL classes at the Language School (they accepted me even though my adjustment was still pending). The adjustment lasted till the end of 2007; I received a NOID saying that my adjustment from J1 to F1 was denied because my J1 status was no longer valid at the time I filled for F1. It said that I had 30 or 60 days to leave the States (I cannot remember exactly how many days). I immediately flew back to my home country.

I, then, refilled for F1 visa from my country and got approved in 02/2008. I went back to the US in March because the school that I applied had a quarter system. I was stopped at the airport (SFO). They took me to a room and an officer interviewed me. They asked me that whether or not I knew that I was overstaying from the time my J1 program ended (03/2007) till when I left the US (12/2007). I told them I did not know that and that I did consult a lawyer and was informed that I could stay because I was in school and having my adjustment processed. The officer then explained to me that was not true and that he believed the lawyer misinformed me just so he could make money, and same for the school that enrolled me to get my tuition money. I told them that I did not intend to do such thing as overstaying and that I only wanted to study. After talking over with his supervisor, the officer let me enter into the country.

My question is that, was I ever been deported? I am not so sure how to answer this question. I did received a denial letter and I left the States immediately. I was inspected and let in by immigration officer at the port of entry.

I am now married to my husband whom I've been with for more than 2 years. We are preparing the applications by ourselves since I had such a bad experience with lawyers -__- My question is that, was I ever been deported? I am not so sure how to answer this question. I did received a denial letter and I left the States immediately. I was inspected and let in by immigration officer at the port of entry. Had I incur any ban?

I appreciate any feedbacks.

Thank you in advance

Jasmine

[uktousa 2]

No, i will not call it deport as they did let you go in USA after asking you few question about your last stay.

[CC90 90]

You did what you were supposed to do. You were not deported and followed the law to the best of your ability. Nothing to worry about.

You would certainly know for sure if you were deported.

Edited January 23, 2012 by CC90

[JasmineNguyen 0]

Thank you for the fast replies. I appreciate your helps

Happy Chinese New Year!

[JasmineNguyen 0]

Does anyone know when I can go apply for SSN? I have received my NOA1 and my Biometric appointment letter.

And also, does it speed up the process if I have the walkin biometric (earlier than the appointment date)?

[99jjeerwerc 1]

Regarding the SSN, is better if you do it after your AoS is approved. One of the reasons is that right now you don't have a strong reason to have one. You can try by calling the SSN hotline number but it's likely that they'll tell you to wait. Even if they tell you that you can file for a number, you would have to do it again once you have your green card because of the restrictions when you're not a permanent resident. You can save time and wait until the AoS is done, that way you'll have a SSN card unrestricted(means that you can work).

About the early biometrics, I would say no. I read that if you go ahead of time they might tell you to wait until the date on your notice. I'm not a 100% sure on this one.

Good luck.

[aleful 1,905]

Does anyone know when I can go apply for SSN? I have received my NOA1 and my Biometric appointment letter.

And also, does it speed up the process if I have the walkin biometric (earlier than the appointment date)?

not until you get your EAD, work pemit

some offices allow walk ins, some don't.