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One more question regarding I-130 question no. 16; "Has your relative ever been under immigration proceedings?"

Katy, TX |

I am filing I-130 form for my mother who lost her refugee status (immigration from Russia) back in 2001. My mother missed her deadline which expired in February of 2001.We had an elderly relative in a poor condition that time, and she couldn’t leave that person on her own. While she stayed in Russia, I immigrated to the US with my husband in 2001. My mother has visited me in the US several times since then. Now I am trying to reunite with her by applying for a green card. How do I approach this question 16? Do I need to provide any additional details along with I-30 application? Can it negatively influence my application?
Many thanks in advance,
Elena

Attorney Answers 6


  1. "Proceedings" means Immigration Court (also known as the Executive Office for Immigration Review.)

    If those terms don't sound familiar, then she probably had NOT been in proceedings before.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. The answer depends on what lost refugee status means; Consult with an immigration attorney; Will be your best bet

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Prior counsel is correct. Proceedings mean having to go to immigration court. With that said, if she has ever had an alien registration number, you may want to call 1-800-898-7180 and confirm that she didn't miss a court hearing.


  4. the answer is no, since she has never been in deportation, exclusion or removal proceedings.

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez, Elizabeth Cedillo or Yong Wood as highly skilled and experienced. In South Texas I recommend Jodi Goodwin from Harlengin or Leonel Perez of Edinburg. In San Antonio I recommend Bob or Nancy Shivers or drive to Austin to see me or my talented associate Jacqueline Watson.


  5. I agree with my colleagues. Your also need to explain her past immigration history in a sheet of paper and submit it to USCIS with the rest of the supporting documents/application forms.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


  6. To answer, it may take a little while longer to determine, but you can file a G639 Freedom of Information Act request to get a copy of her entire file with a form G 639. See the link

    I suggest, as my colleagues have, that if you have previous applications - seek an attorney before filing anything else.

    This should not be construed as advice, only information and I recommend for any additional questions you seek the advice of experienced immigration legal counsel. The posting of a response in no way infers client - attorney relationship has been established.

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