Question 16 on I-130 Form

[diane1025 0]

Trying to fill out the I-130 and I have a question about #16. if my relative has ever been under immigration proceedings? Here is my story....

My husband was in US illegally. He was arrested for driving without a license and was detained in an ICE detention center. He was voluntarily deported/removed. The officer that released him told him that he was not punished.

So my question is was he in immigration proceedings? He didn't see a judge but he was asked to leave and did it voluntarily. My gut feeling would be to answer yes, but not sure because it was voluntary. If I answer yes would that instantly deny him a visa?

Thanks for any input,

Diane

[Brit in OH 0]

I'm not too sure on what the impact would be on the application but my feeling would be to definitely say yes on the form. Even if your husband did not see a judge, I'm pretty sure he'll be on a computer somewhere with ICE. When they run the background checks etc. then it's bound to come up. If you don't mention it then it may makes matters 10 times worse.

Sorry it's not a better answer but I'm a newbie here just like you. Hope it all turns out OK for you.

[CanadaLove 16]

I actually would say no if your husband has never tried to come to the US legally before. He may be under a 3 or 10 year ban though, depending on how long he was here illegally before getting caught. You will need a waiver in order to get him a visa; but since I'm not in that situation, I don't know exactly what that entails or the success rate.

[Done--Really 331]

Please go to this web site immediately !!! They are the experts on waivers. The information you gt will be quick, accurate, and complete so long as you supply them with every little detail of his time here.

http://immigrate2us.net/forum/forum.php