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  1. #1
    Join Date
    Dec 2009
    Posts
    3

    Default I-130, Immigration Proceedings

    Hello,

    I have just got my green card and I am filling out I-130 form for my older son who was 21 when I submitted my I-140.

    My question goes to point 16, "Has your relative ever been under immigration proceedings?" as I am not sure what to check over not knowing the terms (Removal, Exclusion/Deportation, Rescission and Judicial Proceedings).

    I am asking that as my son has been denied admission in the US last summer. He had an F-1 visa (through 2014) but changed schools, got another I-20, went to the US Embassy in my country, the Embassy denied him a new F-1 visa but they didn't stamp with "Cancelled" the F-1 visa in his passport so he thought the visa is still valid, returned to the US but in airport he was not admitted entrance and had to flew back to our country.
    Sorry for my long explanation I just want to find out if what happened to him falls under one of the 4 Immigration proceedings under article 16 in I-130 form.
    I want to get him here not have him banned for ever for not knowing correctly the terms.

    Thanks in advance

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: I-130, Immigration Proceedings

    If he has not been in court, he has not been under Immigration Proceedings.

  3. #3
    Join Date
    Dec 2009
    Posts
    3

    Default Re: I-130, Immigration Proceedings

    Thank you very much for your reply.

    No, he was not in a court, just interviewed in the airport, asked to choose between two options (he opted for the best one under circumstances: withdraw of admission) and an hour later he was flying back to Europe.

    In my understanding, I should check "No" box then for the article 16 on I-130, shouldn't I?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: I-130, Immigration Proceedings

    Correct. Check the No box.

  5. #5
    Join Date
    Dec 2009
    Posts
    3

    Default Re: I-130, Immigration Proceedings

    You took a burden off my shoulders.

    Thank you so very much and happy holidays to you!

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