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

Asked over 1 year ago - 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. Alexander Joseph Segal

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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)... more
  2. Philip Alan Eichorn

    Contributor Level 19

    6

    Lawyers agree

    Answered . 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.

  3. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . "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... more
  4. Thomas Esparza Jr.

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more
  5. Gen Kimura

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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.... more
  6. Douglas A. A'Hern

    Contributor Level 6

    1

    Lawyer agrees

    Answered . 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... more

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