On form 1-130 line 16, its asking Has your relative ever been under immigration proceedings? WHERE & WHEN. I'm a US citizen and I want to petition my mom and I'm assuming they are asking if anyone else has petitioned for her before. But then underneath it asks to choose from REMOVAL, DEPORTATION, EXCLUSION, RECISSION, JUDICIAL PROCEEDINGS. So it makes me think instead if she has faced any of those circumstances. Her scenario is that she has never been arrested by immigration or no one else, but her husband's brother petitioned them back in 2001. So how should I answer this question? Should the answer be YES & answer When and Where and leave the second line alone? Please help me.
Immigration proceedings occur when your relative was served with a Notice to Appear in front of a judge. If your mother never had any such dealings, was never served with such papers, was never removed at a port of entry (denied entry and was summarily removed at the border) I would answer no.
I hope this helpful and good luck.
Gus M. Shihab
The Law Firm of
SHIHAB & ASSOCIATES, CO., LPA
What they asking is if she, you mother, has ever been deported, removed, or in other immigration proceeding in immigration court. They are not interested in this section about previous filings. Some forms will ask if anyone has filed a petition on her behalf or if she has previously been approved or denied a visa. Those questions woul be asking about the petition your uncle filed.
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