More details to this question:
My friend from Singapore was coming to visit me and see is American born son and while going thru immigration he was pulled aside, they did a review of his records and found that before he left 8 yrs ago after his divorce from an american citizen he had overstayed his previous visa. He has been back twice during this year already and had no issues and returned according to his visa guidelines. Is this going to be a huge issue going forward?
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Immigration and Nationality Law Attorney serving New York, NY
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In your summary, you said, "Deportation during entry into US," and by that, I assume that Customs and Border Protection actually deported him back to Singapore. In that case, he has a five-year bar against returning to the US. If he believes that the judgment was unfair, he can request a review of the decision from the port director of the port of entry. Otherwise if he has very good reason for returning to the US before the five years, he can request advance permission to return on form I-212 after visa interview and denial to the Admissibility Review Office of U.S.C.I.S. if applying for a nonimmigrant visa, or to the Phoenix lockbox of U.S.C.I.S. if applying for an immigrant visa. It is indeed a huge issue returning to the US if an individual has been given an order of removal at the port of entry.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 12th, 2017 at 5:59 PM
Yes, this will be an issue. Your friend is subject to a bar to admission due to the expedited removal. He also subject to a bar for his prior unlawful presence. He may also be subject to a bar for misrepresentation depending upon how and when he obtained his visa/ETSA. I encourage your friend to consult an experienced immigration attorney. You can read more about expedited removal at http://myattorneyusa.com/expedited-removal.
Answered on Jan 03rd, 2017 at 4:16 AM