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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105682
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My friend is eligible. However, she doesn't know how to

Customer Question

My friend is eligible for DACA. However, she doesn't know how to answer question #5 on the form I-821D in regards ***** ***** proceedings. If she was caught at the border and fingerprinted in the year 2006, does that count as a removal proceeding? Does she need to answer yes for question #5? Or is it just a throwback and she should answer no?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

When she was fingerprinted, was she sent back and then she sneaked in again? Or did they let her into the U.S. telling her that she would be scheduled for removal proceedings?

Customer: replied 10 months ago.
She was fingerprinted and sent back. She successfully sneaked in a few days later at another location.
Customer: replied 10 months ago.
FOR GUILLERMO
She was fingerprinted and sent back. She successfully sneaked in a few days later at another location.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

No need to write FOR GUILLERMO on this thread. It's only when you post a new thread, not a new reply. So no worries about that. Anyway, it looks to me like she was excluded from the U.S. This is similar to a deportation. I would mark YES because if she marks NO and they see that she was excluded (which they will see it), it can call into question her moral character and for DACA it is important to have good moral character.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!