Immigration Issues/re entry to US


Hi David,
On the visa application there are two sets of questions that are more or less the same (correct me if I am wrong). I just want to make sure to answer accordingly:

1- Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?   ------- Yes or No

2- Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

Yes or No.

Considering that I was out of status and voluntarly departed   
the US, Should I answer Yes to 1 and 2 or only to 2 ?

Best regards,
The text above is a follow-up to ...

Hi David,

I was out of status (F1 Student at that time). My I-20 was valid until September 2002. On the date I showed up for SR, I was less than 180 days out of status. I was told I should be bared for 3 years only. Now the three years are over. I am not sure wther I need a reentry permit or not.

You will need to apply for a new visa and be able to prove you remained outside of the US for three years.

If I understood you correctly, you were subject of a Deportation Hearing (NTA).  The judge granted you voluntary departure in lieu of Deportation.  
You must answer all questions truthfully otherwise face permanent bar from the United States.  The conselor officer will research your answer and make a determination if you are leigible to visit the US.  hiding information or lying is the worse thing you can do.  He/she will allow you to explain the circumstances.  Keep in mind there is no guarantee, ever, that any foreign national attempting to enter the US will be granted allowed to.  Immigration inspectors at US ports of entry have that discretion.

Immigration Issues

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Immigration Law enforcement Border Patrol


30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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