Legal Question in Immigration Law in California

Left the country, now what?

after my 130 and 485 was denied, i left the usa. that was last year. unfortunately, last week, my parents told me that i have received a ''notice to appear.'' at their usa mailind address. I read online that I would be deported ''in absentia'' by the Immigration Judge. what should i do please?


Asked on 4/02/09, 7:05 pm

3 Answers from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: Left the country, now what?

Make an appointment with the US consulate and get a consular officer to sign off on proof that you were not in the US. With that, you can try to get the government to dismiss, but may well have to have an attorney appear with your proof before the Immigration Judge to get the thing dismissed.

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Answered on 4/02/09, 7:21 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Left the country, now what?

Deported in absentia just means you can be deported in your absence. But, you cannot be ordered deported if you have already left the US. An attorney would need to appear in court for you at the hearing set on the Notice to Appear, with proof of your non-presence in US, and move to dismiss. It's important that you do so or else you will have a removal (deportation) on your record for at least 10 years.

If the Immigration Court is in Southern California, contact my office and I can represent you.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com )

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

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Answered on 4/02/09, 7:59 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Left the country, now what?

You really should consult an Immigration Attorney, if in Southern California. Please send me an email with your contact information and we can discuss your particular facts.

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Answered on 4/07/09, 1:55 pm


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