Immigration Law Questions? Ask an Immigration Lawyer.
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,
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!
what made you think that it was not deportation?
can you base it on definition of deportation or cases when it is applicable?
Why my situation does not qualify for "removal"?
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?
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)
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?
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?
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,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).