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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95089
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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may I get answer to the question regarding immigration law,

Customer Question

may I get answer to the question regarding immigration law, particularly deportation procedure?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


Yes, what would you like to know?
Customer: replied 1 year ago.

 


Thank you Guillermo,


I will rate you you regardless of good or bad news.


I will describe you my case that happened in Oct 13, 2005. I need to know what is the correct term to what happened to me: is it voluntary departure, removal, deportation or something else?


I was working onboard of cruise ship M/S Celebration sailing from Jacksonville, FL to the Caribbean. After 2.5 month of work I had resigned from my post as a waiter, because I did not like that job, and informed cruise line that i want to go home (Russia). I am Russian citizen.


Cruise line payed for my flight. I was escorted from cruise ship to the airport by seaport security guard, my visa was cancelled.


At that time I thought I was deported - please verify that based on the info I provided here.


Few month later I reapplied to the same cruise line for the same position, got a new job letter, applied for a new seamans visa to US embassy in Russia, and - was given a new visa. Since I thought I was deported, I indicated in my visa application that what happened was "deportation". Consul send e-mail to whereever it needs to verify that. During my visa interview that day consul gave me printed e-mail with response regarding my case - I will try to attach it to this message.(seems like I cant, attach window is nonresponsive). So, that e-mail says:


" Subject resigned his post, subject has been working for about 3 months, desided that this job is not what he wanted to do. Ncic, Sq11and Cis searches are all negative. Therefore subject is paroled to depart (not deport) foreign under guard on American Airlines flight #0062 from Miami to Paris on 13-10-2005. It appears that subject was deported. "


Please pay attention to the last sentence "it appears that" - sounds kind of unsure verses if it was "subject was indeed deported" - Like I sayed I indicated in my visa application that I was deported - it was included in e-mail communications which consul did when clarifying my case. Embassy workers could be missled by that when they choosed how to term it.


Guillermo, please look at everithing carefully, I was not able to attach a scanned copy of that e-mail, but I provided a text from it.


I need to know how to name what happened: removal, deportation, voluntary departure or something else. Strange circumstance - 1. I elected to go home myself, I was not fired. 2. Nobody ever pronounced the word "deportation" on that day in 2005. 3. I was easily given many visas after that, I spend around 6 years working on cruise ships after that. Why does it bother me know? - because when I applied for a tourist visa to New Zealand - they did not accept my application, saying we need to see an FBI police report on your case (how in the world would I get it - I am not in US right now), also New Zealand immigration law does not permit visas to those who were deported previously from any country regardless of reason.


my second question to you : I would love to know is whether I am in any kind of international data base of deporties. If what happened is not deportation - then I do not need to indicate that when I apply for visa to any ather country I choose to travel, like Australia, France or UK.


Cruise line where I worked - Carnival Cruise Lines


my kind regards,


Yury

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, it isn't a deportation in any case. It is now called removal. But only an immigration judge can order someone removed. And only an immigration judge can grant you Voluntary Departure. And since you were already admitted, it wasn't an exclusion. So I do not think it is any of the above. I think you just left voluntarily. That's all. You should always just explain what happened, but not mark anything down like removal or exclusion. Just always add a cover letter explanation so that you cannot be accused of trying to hide anything.

 

As to an international database in that regard, I do not believe such exists, only for criminal matters and this was not a criminal matter.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95089
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 5 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi Guillermo,


 


what made you think that it was not deportation?


can you base it on definition of deportation or cases when it is applicable?


 


many thanks,


Yury

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Because deportation is no longer used as a term. That ended in the late 1990s. So your case would have had to be back then to be a deportation. They call it removal now.
Customer: replied 1 year ago.


Why my situation does not qualify for "removal"?


 


thanks again,


Yury

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
As I said, it's because an immigration judge would have to order that. Since you never went before an immigration judge, it shouldn't be a removal process.
Customer: replied 1 year ago.

Hello Guillermo,


how do you term situation when someone with a valid visa arrives to US, and at the port of entry (airport) and for any reason CBP officer does not grant entry despite the visa, then CBP officer cancells the visa, and sends person back home on the nearest flight without involving immigration judge? - how do you term it? removal? deportation?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Then that would be an exclusion if you are not admitted to the U.S. and have to leave the U.S. and your visa is cancelled. So then you have been excluded from the U.S. and that has a 5 year penalty that you cannot come back unless you are granted a waiver.
Customer: replied 1 year ago.


Hello Guillermo,


 


we are getting close to finish our session, but please, let me ask you one other question.


 


I have possible explanation to why my visa was cancelled and why I was escorted by guard from Seaport to the Airport: (please verify what you read below, it is only my opinion)


 


two facts:


 


fact #1. I resigned my contract while on a cruise ship, the day before ship arrived to its home port in US - Jacksonville, FL.


If I resign my contract while on a cruise ship - my visa becomes invalid, because I am no longer employed by cruise line after resignation.


 


fact # 2. When cruise ship came to the port (the day when I need to fly home): CBP offficer cancelled my visa during my immigration check.


 


Since my visa is invalid, I can not make a trip from cruise ship to the airport.


now, look at the consul's email again:


 


" Subject resigned his post... Therefore subject is paroled to depart foreign under guard on American Airlines.."


 


- I think I was "paroled to depart " because my visa was cancelled. "Paroled to depart" - means I was given a single entry to US for the purpose of making a trip from Seaport to the Airport so I could fly home - right?. Since I did not have a valid visa any longer - I was escorted by guard.


 


if my interpretation is correct, then what is it ?


can you qualify "paroled to depart" as removal or exclusion?or is it still something else?


 


 


Yury

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It's NOT removal or deportation. It MIGHT be exclusion. So it is either an exclusion and you have a 5 year bar and you would need a waiver or it is that you were paroled temporarily into the U.S. and you left without anything negative on your record that would make you inadmissible so you can apply freely for another visa and you would not need a waiver. I think it is that second thing that happened.
Customer: replied 1 year ago.


Hello Guillermo,


 


is it possible to ask lawer or private investigator or anyone else to:


1. contact CBP office at port of Jacksonville and obtain report with details of what happened to me. Another facility/organization that may have knowledge of my case could be contacted too


2. based on that report make an official letter which would state proof that it was not deportation/removal/exclusion


 


if it is possible how much do you think it may cost?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes and yes, but it is much easier than that. Just request the records yourself. Here is a link:

http://www.cbp.gov/xp/cgov/admin/fl/foia/

Customer: replied 1 year ago.


Hello Guillermo,


thank you for your help, I already submitted inquiry to the CBP link you gave me.


I do not think I have any more questions regarding my situation.


I gave you excellent rating.


all the best to you,


Yury

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you very much. Good luck to you!

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