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Order to appear deferred inspection

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  • Order to appear deferred inspection

    Hi everyone,
    I need some feedback about an immigration situation my friend is dealing with on her return from a trip to Europe.
    She is a green card holder and has already fingerprinted for USA Citizenship(she has a Brazilian passport).
    She went to Germany in January/2008 and on her trip back to the states she went through customs immigration in Atlanta-GA. She was taken to secondary inspection, apparently because her last name on the green card and the passport were different. They hold her for 5 hours for inspection/interrogatory before they finally released her.
    They gave her a I-94 where it says PAROLED until:03/07/2008; Purpose: Deferred Inspection;
    They attached the I-94 to a form I-546(Order to Appear Deferred Inspection).
    She talkedt to her lawyer who initially said there was no need to follow the appointment. But when she showed the paper to him, he scared her to death saying that she may be deported because she's going to face a jury and they will decide if she stays or not.
    On top of that, he's asking a lot of money to help her with her case($2,500)!!!
    My question is, how serious is this Order to Appear deferred Inspection? Can it affect her present immigration status?
    I appreciate any feedback on the matter.

  • #2
    First of all she had created her problem, not the Immigration. What paper she showed to the lawyer?
    What is the Form #?
    She must have her birth name in her passport.
    She must have not changed her name to her married name.
    If this is a situation, the it is not a problem,
    Is she married to U.S. Citizen?
    I think you should talk to another lawyer to see what he/she has to say. When is her appointment?
    and where?


    • #3

      She is a widower and has the name of her deceased husband on her green card. In her passport she still has her maiden name since she is a Brazilian citizen.
      The paper she showed to her lawyer is form I-546(Order to Appear Deferred Inspection) for appointment on 03/07/200 in Los Angeles District Office
      She has already applied for citizenship and recently fingerprinted, and now she's waiting for her interview for citinzenship.
      What type of problem could possibly change her status or to stop her from having her citizenship approved?
      Appreciate you feedback on the matter.


      • #4
        Secondary inspection exists for the purpose of asking some questions when there's the need to so so, without holding the line and inconveniencing others. If the issue cannot be resolved, the alien may be given deferred inspection. If she obtained that greencard legally, her fingerprints will match the fingerprints registered at the POE, problem solved. Maybe CIS is holding the inspection until they can compare the two.

        If there's no other issues, and if she obtained the greencard legally, she shouldn't have any problems. BTW, a name is not material unless it is used to cover up disqualifying facts.

        However, you should consult with a lawyer, a good lawyer, one that knows the difference between deferred inspection and removal proceedings. Don't rely solely on internet forums and message boards. This is just an opinion and not a course of action for you to follow.



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