Asked 4/14/2016 – Houston, TX

My sister was arrested and charged with assault causes bodily injured. She was not convicted. However she was suppose to leave voluntary and did not, 3 years later she was found at her job and deported. Do I need to file i212 and i601 together? She doesn’t know how long she was barred but it’s been 13 years since she’s been out of the US.

Answer

I would suggest your sister file a FOIA (https://www.uscis.gov/about-us/freedom-informat…). this will allow an immigration attorney to advise your sister accordingly. An I601 and/or I212 should be filed once you have your sister’s entire file.