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  1. #1
    Join Date
    May 2008
    Posts
    4

    Default Completing N-400 After Being Granted Voluntary Departure In The Past

    Form N-400 Part 10. Question 28 - Have you ever applied for any kind of relief from removal, exclusion or deportation?

    I have being married to a US Citizen for 15 years now and legally have resided in the US and became a Permanent Resident since 05/04/1996. I was married before to a US Citizen on 02/14/1988 and divorced 10/26/1989. My application to remove the condition of my Permanent Residence was denied and during the process of my removal I was granted Voluntary Departure on 09/04/1990. This privelege was granted until 12/04/1990 and I departed on 10/15/1990.

    I did answered yes to this Question 28. Could this hurt my naturalization eligibility?

    Thank you much,
    Gaby - Florida

  2. #2
    Join Date
    May 2008
    Posts
    4

    Default Confused About Citizenship Application

    I am very confused, can someone help me please?
    I am applying for my citizenship after being a legal/permanent resident for 12 years. I do not know how to respond to Questions 27/28 under Part 10 of the Form N-400 (27“Have you ever been ordered to be removed, excluded or deported from the US?” and 28“Have you ever applied for any kind of relief from removal, exclusion or deportation?”)
    Please note:
    1. In 1988 I was married to an US Citizen, the married was terminated in less than two years and my status as a Conditional Resident was terminated by the INS.
    2. I was under Deportation Proceedings under Section 242, received Form I-221.
    3. I was granted voluntary departure in lieu of deportation.
    4. I departed when it was required.
    I never had any problems to re-enter the US, I have no criminal records, and I married another US Citizen, stayed married and now I am applying for naturalization.
    Should I answer No to question 27 and Yes to question 28?
    Could this past situation jeopardize my eligibility?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Confused About Citizenship Application

    If you need answers on how to fill out a form under your specific circumstances, you need to consult a lawyer. We provide information here, but we can't advise you - doing so would be dangerous to you, as we know next to nothing about your situation. Further, it makes sense for anybody with a voluntary departure in their history to consult a lawyer in relation to filing an N-400.

    That said, voluntary departure is not an order "to be removed, excluded or deported from the United States". It is also not "relief from removal, exclusion or deportation". As you would have been granted voluntary departure before an order for removal was entered, unless there's something you're not telling us there shouldn't have been any such order entered.

  4. #4
    Join Date
    May 2008
    Posts
    4

    Default Re: Completing N-400 After Being Granted Voluntary Departure In The Past

    Mr. Knowitall,

    Thank you very much for your reply. This is the story; I was only confused with the terms used. Thank you again for clarifying them to me.

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