Unusual Immigration Proceedings Question

[chapusin 0]

Hi guys,

Quick question regarding immigration proceedings on form i-130. 35 years ago my dad was on the US on a visitor visa visiting one of the junkyards near the border. As he headed out, he saw a guy asking for a lift, he saw this same guy at the junkyard so he assumed he was a customer and got him into his car. As they were on the freeway heading back to mexico, they were stopped by the border patrol and his passport was destroyed and his fingerprints taken. They told my dad he could leave now and that he could reapply to obtain a new passport, then proceeded to take him back to the freeway to get his car and followed him to the mexico border. 3 weeks later he applied and received his passport again.

There was no court hearing or anything like that but his info is in the system. He tried to renew his visitor visa 8 years ago and was given a very hard time about it, they told me he was trafficking illegals at that time, he had to speak to the consulate superiors to be able to get his visa approved (which he still has).

Now my question is, under what category would this fall on? Removal? Exclusion/Deportation? Keep in mind he was able to apply right after that and get it back and he does have a visitor visa (B2 I believe) at the moment.

Thanks for your help!

[ddkorestin 10]

Exclusion

is the formal proceeding in which an alien's admissibility to the United States is determined. If an alien is determined to be inadmissible to the United States he may be excluded from entry and forced to return to his or last foreign departure point or deported to his home country (at government expense). Exclusion proceedings, hence, take place only for aliens arriving at a Port of Entry, Airport/Sea Landing Zone, or other Entry/Departure Route to or from the United States. When an alien arrives at a port of entry to the United States, he is subject to inspection. Immigration officers/inspectors question all applicants for admission (even U.S. citizens), examine documentation, and determine whether an alien may be admitted to the United States. If during such inspection, an issue arises as to whether the alien may be permitted to enter the United States based upon his claimed status (citizen, lawful permanent resident, nonimmigrant visitor, or other status) or whether an alien although having demonstrating a claimed status may not be entitled to such status (e.g., criminal conviction, abandonment of status due to excessive absences from the U.S., terrorist activity, medical contaimination, physical/mental defect, etc.), then a U.S. INS immigration officer may serve an applicant with a "Notice to applicant for Admission Detained for Hearing" (Form I-122). Exclusion proceedings may then be formally commenced with the filing of the Form I-122 with the Immigration Court for further proceedings. An alien will be scheduled for an appearance before an Immigration Judge to have his excludability determined accordingly.

Edited May 14, 2013 by ddkorestin