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I am originally from Pakistan, I was living in UK on student visa tier 4 and wasn't allowed to work on my visa.

I had 16 months of visa left on my passport when I got caught by UKBA while working illegally, I am extremely ashamed for committing this massive mistake for which I apologize, now I shall get bk to the point. My father is a US citizen, he filed my green card petition under category F1 in 2011, it can normally take 4 years for my number to become current, I am 26 years old single man, my question is that will my past deportation affect my ability to join my family in USA?

Will it be a mark against me? Will i be asked about that in interview?

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thanks alot for ur answer, my whole family residing in usa, just wanna confirm that does uk share its immigration data with usa? and will usa use past deportation from uk as a reason to deny me immigrant visa? –  user12378 Mar 19 at 3:56
    
They do often ask on some countries' forms - have you been deported from ANY country. Not sure about the US. –  Mark Mayo Mar 19 at 4:05
    
Are you just visiting the US or trying to move there (When you say 'join my family')? –  Mark Mayo Mar 19 at 4:06
    
thanks for ur answer mark, i have mentioned in the question that my family is in states, my father is us citizen and mother is permanent resident, my father filed my green card petetion which i m likely to get in 4 years, there is an interview i have to give before that at us embassy,wondering if my deportation from uk will affect my ability to obtain us green card legally or not –  user12378 Mar 19 at 4:09
    
Ah sorry, I originally read it as your father filed HIS green card application. –  Mark Mayo Mar 19 at 4:37

2 Answers 2

In short, yes.

Your previous deportation would almost certainly guarantee that you would not be granted a non-immigrant visa, as it serves as evidence indicating that you'd be likely to:

  • Work illegally while in the United States
  • Attempt to change your status immediately after reaching the United States
  • Any / All of the above leading to you not returning to your home country after traveling on a tourist or non-immigrant visa.

That's what they'll likely be the most concerned about, additional evidence that, if granted a non-immigrant visa, you'd be extremely likely to not return to your home country after your permitted stay concludes.

However, you're applying for an immigrant status visa, so the above is less of a concern. You're plainly stating that you have every intention of not returning, and working, once you reach the United States.

It's then a question of character, and perceived flaws in said character due to your history in another country.

This is one of those things where you'd probably want to enlist the help of an immigration attorney, because they know best how to plead your application, and yes - you will be asked to disclose this on paperwork you complete before the interview.

I'd definitely seek the help of a professional attorney (who might be able to accompany you to said interview, and counsel you, along with doing whatever can be done to settle this part of it prior to the interview).

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No it won't. I was deported from UK on the same charges as you were. Working on student visa which wasn't allowed and I got a US visa. Your deportation doesn't effect that case but they do ask for police clearance certificates from other countries where you have lived, which in this case is the UK and if you don't have any criminal charges then you are fine. Same happens to me and I got police certificate from the UK now I am in the USA and holding green card, too.

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