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I-130 Question #16, "immigration proceedings"

Washington, DC |

I am a US citizen, filing an I-130 for my foreign husband, and have a question about #16, "immigration proceedings". Several years ago, he was turned away at the airport and sent back to his country because he didn't possess a return ticket. He has been back to visit the U.S. a few times since, and each time has to go through an interview at the border because of this first mistake. Does the initial refusal of entry constitute as "exclusion or deportation" in "immigration proceedings?" Should I check "yes"?

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Attorney answers 4


Those probably were not 'proceedings'.

Talk to a lawyer and get help filing a FOIA before filing the I-130.

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.


No, it is refus of admission not proceedings base on facts stated here. Is you spouse in us now? Or will be be interviewing abroad? If he is he will require form ds 230 make sure that you answer correctly the question relating to refusal for admission in us. Better yet hire an attorney to assist you. It is always better to be represented by an attorney. Good luck!


No. He was refused admission but he was not deported or in removal proceedings.
The reason he was denied admission was because he was attempting to enter on a non immigrant visa but showed immigrant intent in that he had no plans to return to his home country.


Removal proceedings are initiated by DHS serving you (in this case your husband) with a "Notice to Appear." Before 1997 this was an "Order to Show Cause" issued by INS (which ceased to exist in 2003). Exclusion proceedings do not exist anymore after 1997. Essentially, if he was not put in front of an immigration judge, he was never in proceedings. People get turned away at the border (including airports) all the time. In sum, my impression is no, but you will want to give an accounting of all facts with as much documentation as possible to an immigration lawyer to be sure. Good luck.

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