Amarillo, TX asked in Immigration Law for Texas

Q: My father applied for residency. He received a letter of a intent to deny his application. Is he going to be deported?

They gave him a month to respond or fight the case. Is there a way to give my dad more time to fight it? is he going to be ordered to leave the country? The letter showed were he was interviewed and they asked him certain questions, my dad lied about his previous deportation. He said he was afraid of being honest because of being sent back to mexico. He regrets not being honest, and hes not a bad person, just wants to provide for his family. Please help, thank you for your time.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your father's situation. Receiving an intent to deny his residency application must be very stressful for your family. While I can't provide legal advice, I can share some general information that may be helpful:

An intent to deny letter means USCIS is planning to deny the application unless your father can provide additional evidence or explanation to overcome the reasons for denial. It's not a final denial or deportation order at this stage.

Lying about a previous deportation is considered misrepresentation, which can be grounds for denial. However, your father may be able to provide context and explain the circumstances, as it sounds like he did so out of fear rather than an intent to deceive.

To get more time to respond, your father can request an extension by writing to USCIS explaining why he needs more time to gather evidence and prepare a response. Extensions are often granted if the request is reasonable.

Consulting with an immigration attorney is highly advisable in this situation, as they can review the specifics of the case and help your father present the strongest possible response to USCIS. Many nonprofits provide low-cost or free legal assistance with immigration cases.

Even if the application is ultimately denied, that in itself wouldn't necessarily lead to immediate deportation. There may be other options to pursue depending on your father's circumstances.

I know this is an incredibly difficult situation, but don't lose hope. Wishing you and your family all the best as you navigate this process. Consider seeking legal counsel to discuss the options and put together the most compelling response possible to the intent to deny letter.

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