Roswell, GA asked in Immigration Law for Georgia

Q: Deported earlier with B1/B2 visa. Now applying for F1- Family Visa category

Petitioner:- Mother (Naturalized US citizen).

Applied for her daughter n May 2013. I-130 was approved and the cases have been forwarded to NVC.

Applicant : (Daughter)

Application Category: Unmarried , Over 21- Current age 44yrs.

Applicants visited the USA previously on B1/B2 (Tourism) visa. In 2012 she was deported from JFK airport . Unfortunately, the documents regarding the deportation sent to (Home country) immigration were displaced by the immigration department. Therefore, I am not entirely sure about the reason for deportation. However, the deportation officer mentioned that the deportation was based on suspicion of employment in USA and write -22 CFR 41.122(e)(3) code. But the applicant never worked or was employed in the USA. We have not yet submitted any documents for this applicant to NVC.

Questions - Will there be any issue for her to submit DS-260 for this applicant ? Any other suggestion.

Thank you so much in advance!!

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1 Lawyer Answer
Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
PREMIUM
Answered
  • Immigration Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Depending in the basis for her removal, she will need to file for a waiver. Good luck.

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