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What is right to put no on I-130 form for immigration proceedings? If we did not know for sure.

Mukwonago, WI |

We put down no for immigration proceedings, when we not sure on the I-130 form. We got the foia after we filed the I-130, which stated

Subject is inadmissible pursuant to section 212 ( A ) ( 7 ) ( a ) ( I ) ( I ) of the INA subject is inadmissible pursuant to section 212 ( A ) ( 7 ) ( a ) ( I ) ( I ) of the INA , and was processed for Withdrawal of Application I 275 . He was allowed to withdraw his application for admission and voluntarily returned to Mexico . Subject's name was processed in the ( b ) ( 7 ) ( e ) system with negative results

Our I-130 was approved about a week ago and we are know just waiting on National Visa Center to send us information.

We also want to know if it will cause a issue in the future when my wife goes for her interview. Also does withdrawal of application a form of immigration proceedings or no?

Attorney Answers 3

  1. Best answer

    You put the right information on the I-130. Withdrawal of request for admission is NOT "immigration proceedings ", which is the polite way of describing deportation or removal proceedings in immigration court.

    I don't think wife will face problems at the consulate due to that past withdrawal. It is not a bar to readmission as the spouse of a US citizen.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. The concern is whether she was summarily excluded from United States. Also, whether this would be the equivalent of proceedings. It is true that she may have an alien number. If she does, included.

    If you have concerns, then play it safe. Present and write out what she has and don't answer yes or no just write "see attached."

    If you have any further questions, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

  3. No, withdrawing an application for admission is not removal proceedings. It sounds like he is subject to inadmissibility for illegal reentry, which requires 10 years outside of the U.S.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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