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Thread: Informed of deportation order after 9 years

  1. #1
    I am hoping the immigration experts on this forum can offer some help.

    I am a Canadian citizen living and working in Canada since Dec 2001. I recently got offered a job inthe US. I went to the US/Canadian border to apply for a TN status. There I was kept for 5 hours and at the end I was told that there was an outstanding court judgement against me and that I am banned from entry to the US for 10 years. I was told this case happened in July 2001.

    I was never aware of any court date, decision, or even a notification to ever attend a court hearing and of any court decisions against me.

    I studied in the US from 1990 - 2001 (highschool, bachelors, masters). I always was a full time student and have contacted my university international office where they also confirmed that I was always in good F1 standing. After I graduated, I got an OPT (EAD?) for 1 year, valid until May 2002. I left for Canada (was a landed immigrant) in Dec 2001 (while OPT was valid).

    Somehow there was a court hearing in July 2001 in IL (only been there for summers a few times, my resdential address was in MS) without my knowledge.

    I had been to the US twice in 2006 without any issues at the border.

    I questions are: what can I do not after 9 years? How can I fix this issue? Can a decision be made by an immigration court without informing the accused? Can a decision be made without my presence?

    Any help will be greatly appreciated.

  2. #2
    I am hoping the immigration experts on this forum can offer some help.

    I am a Canadian citizen living and working in Canada since Dec 2001. I recently got offered a job inthe US. I went to the US/Canadian border to apply for a TN status. There I was kept for 5 hours and at the end I was told that there was an outstanding court judgement against me and that I am banned from entry to the US for 10 years. I was told this case happened in July 2001.

    I was never aware of any court date, decision, or even a notification to ever attend a court hearing and of any court decisions against me.

    I studied in the US from 1990 - 2001 (highschool, bachelors, masters). I always was a full time student and have contacted my university international office where they also confirmed that I was always in good F1 standing. After I graduated, I got an OPT (EAD?) for 1 year, valid until May 2002. I left for Canada (was a landed immigrant) in Dec 2001 (while OPT was valid).

    Somehow there was a court hearing in July 2001 in IL (only been there for summers a few times, my resdential address was in MS) without my knowledge.

    I had been to the US twice in 2006 without any issues at the border.

    I questions are: what can I do not after 9 years? How can I fix this issue? Can a decision be made by an immigration court without informing the accused? Can a decision be made without my presence?

    Any help will be greatly appreciated.

  3. #3
    Did you ever change address during 2001? It seems a bit odd because your timeline shows you were in status throughout. You might want to find out the full details of the court order in 2001. You should be able to do this by filing under the FOIA.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  4. #4
    Do FOIA. Used to take like almost a year few years ago but nowdays is much faster.
    Depending on what triggered NTA, whether you were at fault for it and whether it was sent to last address in file ,as required, you will know if there anything you can do about it. Go consult an immigration attorney. Good luck.
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
    Did you ever change address during 2001? It seems a bit odd because your timeline shows you were in status throughout. You might want to find out the full details of the court order in 2001. You should be able to do this by filing under the FOIA. </div></BLOCKQUOTE>

    My US address until Jun 2001 was in MS (when I graduated from university). I renewed my MS drivers license in IL in July 2001 (so my address changed to IL). But it is had to believe that a court hearing can be held within a month of the address change in IL.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by OldE:
    Do FOIA. Used to take like almost a year few years ago but nowdays is much faster.
    Depending on what triggered NTA, whether you were at fault for it and whether it was sent to last address in file ,as required, you will know if there anything you can do about it. Go consult an immigration attorney. Good luck. </div></BLOCKQUOTE>

    I have filed for FOIA last week. They wouldn't tell me how long it will take.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My US address until Jun 2001 was in MS (when I graduated from university). I renewed my MS drivers license in IL in July 2001 (so my address changed to IL). But it is had to believe that a court hearing can be held within a month of the address change in IL. </div></BLOCKQUOTE>

    I'm wondering if they have you mixed up with somebody else? Did you see any of what the CBP told you when you tried to apply for TN status? Have you ever changed name?

    It's not that unusual these days to have been able to enter without problems previously then a later attempt something pops up from the past. All US Government agencies now routinely cross-check and share information. The database is getting bigger all the time and the chance of mistakes is greater too. As OldE said, find a good immigration lawyer and see what they say.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  8. #8
    Brit, you fool. Other US Gov agencies sharing info has nothing to do with what OP is talking about. He is not saying he was denied a boarding pass in a plane due to his name popping up or that he was denied benefit due to "other government agencies" hold up on him. He says he was ordered deported in absentia , found out upon trying to enter US and then asks if such thing (deportation in absentia) exists and etc.
    Of course the OP even bigger fool than you for asking this sort of question from laymen here instead of coughing up couple hundred dollars for professional immigration advise or at least searching google for FREE immigration attorneys offering initial consulation.
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">My US address until Jun 2001 was in MS (when I graduated from university). I renewed my MS drivers license in IL in July 2001 (so my address changed to IL). But it is had to believe that a court hearing can be held within a month of the address change in IL. </div></BLOCKQUOTE>

    I'm wondering if they have you mixed up with somebody else? Did you see any of what the CBP told you when you tried to apply for TN status? Have you ever changed name?

    It's not that unusual these days to have been able to enter without problems previously then a later attempt something pops up from the past. All US Government agencies now routinely cross-check and share information. The database is getting bigger all the time and the chance of mistakes is greater too. As OldE said, find a good immigration lawyer and see what they say. </div></BLOCKQUOTE>
    My name had never changed, only my passport and citizenship. They asked my DOB, parents names, and if I ever applied for a change of status while in the US.
    I have contacted lawyers. Most free ones do not deal with deportation cases. Others want a consultation face to face in US (not possible). Another lawyer wanted $3500 to first get the case files and then "try" to get a 9 years old case reopened (nearly impossible). I have requested the case files myself and am waiting.
    I a wondering if I should go ahead and apply for a I-192 waiver. Would that imply that I am accepting the court decision?

  10. #10
    You sound like you make up a bit here.

    First, there are definitely immigration attorneys who deal with deportation cases who also offer free consultations. That is first red flag that tells that me you either are incapable of doing a google search on simple terms (if so, God help you!) or you just made this up out of thin air.
    How many lawyers did you look up on google?

    Next, there definitely are free immigration legal services and those deal almost exclusively with removal cases. Even EOIR official website has links and contact information for those in nearly every State of US.

    Furthermore, no US attorney i heard of will require you to be in US knowing that you simply can't fullfil it. Thanks to Alexander Graham Bell it is not even necessary for you to be present in US to consult with a lawyer here. All it takes is a plugged in telephone plus long distance service and voila, you got it there.

    And no lawyer will charge you $3500 to merely answer a question.

    Larger fees are due once you decide on hiring them to do a job and they make an estimate of how much time and resourses it will take plus, of course, their profit unless you go to charity.

    So, long story short: you either take us , readers here, for a fool or you are most definitely one yourself.

    Good luck with it.
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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