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While applying for US Naturalization, I came across a question about "ever been ordered to be removed...,deported".

Bronx, NY |

18 years ago I was ordered to be deported, but repealed the decision due to my G4 status at the time, which gave me a diplomatic immunity. My question is what should I answer on question 27 and 28 on page 9 of N-400. Should I say no and explain on the interview, or say yes for both questions and if it comes up respond by saying that the deportation proceeding was by mistake due to my G4 status? Please help as soon as possible!!

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Attorney answers 4

Posted

You should answer truthfully.

This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms . I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundaiton. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin.

Posted

You can't go wrong with disclosure on the N-400 and then attach an explanation. G-4 should have signed an I-508 waiving your immunity when you became a PR was the deportation prior to or after becoming a PR? You may want to talk to an immigration attorney about this.

--
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
website: www.immigrateme.com

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

Asker

Posted

Thank you for your prompt response. The deportation was before I became a PR. I had to sue the previous attorney for misrepresentation to get the decision reversed... So how should I answer 27 and 28? I don't have the papers with me since this whole deportation and termination happened 18 years ago...how do I get this papers for evidence... what do you advice I do

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

see a lawyer who will file a Freedom of Information Act request for you so you will know exactly what to disclose and possible consequences of any outstanding orders.

Posted

Diplomatic immunity is a legal concept in criminal law context. People with diplomatic immunity have been deported form the USA right and left. I do not have enough information to answer your question. If you were ordered deported and your deportation order was later reopened and then the deportation proceedings terminated, you should say yes, and explain. If you got your LPR status despite the fact of having ordered deported and without the deportation order having been first reopened, it was improper and could create problems. If the proceedings were exclusion and not deportation, you are fine but need to disclose and then explain. Consulting with one of the immigration attorneys right here in NY would be a good idea. Very good idea, indeed.

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.

Asker

Posted

Thank you for your prompt response. Just to explain my case in brief, I had an asylum case which is the matter at hand. The order to be deported and termination of deportation proceedings happened way before I got my LPR. This whole incident happened about 20 years ago. I'm now filling out the application and don't have a copy of neither the order nor the termination. How do you advice me to proceed?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Consult with an immigration attorney in person. take with you all necessary paperwork.

Asker

Posted

Thank you for your kind advice

Posted

You should answer the question truthfully and append any explanation. You do not want to have to defend answering a question untruthfully. That will not go over well with USCIS. You would benefit greatly from using the services of an immigration lawyer.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.