Possible Catch and Release

[mariquitaojeda]

HI everyone, I believe that my husband may be a victim of incorrect judgement by USCIS/
My husband originally entered California in 1999 then was immidiately sent back and was denied entry. Then he entered again 3 months later. A few years later we married and had a baby. Then i filled his I130 and I485 in conjuction with piggy back his mom's approved petition with $1000. At our interview they questioned him regarding the situation in California and my husband was completely honest. Then they detained him and deported him 30 days later.

I thought that when you are denied entry and immediately sent back it cannot be considered as deportation, cuz you never really entered. Pls advice me. Is it possible that USCIS may have made the wrond decision on his case. If so, how do I prove that it was a Catch and Release when my husband came to California and was denied entry. Should I request an FBI fingerprint check would it show that he was deported back in 1999. Pls advice. Thank you soo much

[y14gemini]

Hello! If he was held for 30 days before he was sent back, it sounds like a removal (Deportation) and not a catch and release. I could be wrong but hopefully someone will chime in and get you some more information!!

[kitkat1]

How did he enter and exactly what happened? Did he sign a form? Did he pay his own way back? How long was he held? The details matter.

[mariquitaojeda]

When he initially entered CA he was sent back the next day on the next flight.

[mariquitaojeda]

He paid someone to let him use their passport when he came to california they discoved the picture passport switch then sent him back on the next flight the following day

[kitkat1]

Did he fly in? Did he walk through the desert? Did he sign a form? What did they say when he entered? Was he inspected? Did he have a visa? If not, how was he planning to enter the country? If you want solid advice, you need to provide specific, detailed information.

[mariquitaojeda]

he flew in California he was not inspected then they discoved the passport switch

[mariquitaojeda]

sorry, he hired a lady to assist him in getting into the country. She gave him a passport to use and switch the picture the picture on the passport to be my husband's. The passport he used had a visa but it was not his passport. Then they discoved it in and sent him back the next day. He was not given any papers atleast how my husband remember.

[y14gemini]

Okay so what you are saying if I understand this correctly is:

1. Husband enter with a fake passport, it was discovered and he was sent back to his home country (same day as he entered)
2. He successfully EWI 3 months later
3. He was detained at a later date and formally deported

[kitkat1]

What you described is not at all "catch and release". That refers to a person who attempted to enter the US illegally by trying to evade border officials by running/hiding, etc. When a person is caught attempting to enter, they often have their photo and fingerprints taken and are then walked back over the border. This is often referred to as "catch and release" because they were caught and then released back to their country. It is considered an "attempted entry".

What you've described is almost surely a deportation or a formal denial of entry.

It sounds like he was trying to adjust his status in the country under 245 (i) but did not meet the requirements. Among those requirements were that a petition had been filed before April 30, 2001 and that he was physically present in the U.S. on the date of enactment of the new law (December 21, 2000). Perhaps he did not meet one of those -- was he given a specific explanation including denial codes and the law for WHY his AOS was denied and deported? You need to know what that was about in order to know how to proceed.

The other big issue here is misrepresentation/fraud. Was the passport that of a US citizen or a Mexican? My guess is he was also charged with misrepresentation due to the passport issue and if it said he was a US Citizen that results in a lifetime ban.

I strongly, strongly suggest you have a consultation with a well qualified immigration attorney to understand your options. I do not think it sounds as if USCIS made an error regarding his entry, but too many facts are missing and you need to see the actual paperwork.

[Laura]

Her husband is from the Philippines. I was trying to explain as well that there is no way it could be a catch & release if he entered on a plane, was caught with an altered passport and flown back to his country.

Kitkat explained what a catch and release is. It definitely does not involve flying someone to their home country.