I-130 Question 16 - Help!!

[meaganb 2]

Hi Everyone,

My fiance and I just joined this website today. It has been very helpful thus far. Thank you!! I am wondering if anyone can give us some advice?

We are preparing to start filling out my AOS and associated forms (I-130, I-485, as well as I-765 and I-131). I am here on a J1 visa working (category: specialist .... I am a Canadian citizen, fiance is American citizen). So far, the forms are pretty straight-forward and manageable. But, because of one incident at the border in 2009, question 16 on I-130 raises a question (Question is: "has your relative ever been under immigration proceedings?"). The options are yes or no. If yes, they ask where, when and whether it was 1. removal 2. exclusion/deportation 3. rescission 4. judicial proceedings.

In 2009, I had been on another J1 visa and, when the visa expired, I returned to Canada to surrender my visa and not become out of status. After a day in Canada, I returned, by car, to the US/Canada border, asking to enter as a tourist to the U.S. to take a 1 month vacation prior to returning to Canada. At that time, I was refused entry to the US and returned to Canada. I was told by the border guard that I needed to show proof of my residential ties to Canada and financial proof of my ability to support myself while in the US. Two days later, I returned to the US border, with that evidence in hand, and was granted entry as a tourist.

I have never again attempted to enter the US as a tourist, yet have had 6 more J1 visas without incident. Upon entering the US with those subsequent J1s, the border guards have mentioned "what happened in 2009?" but nothing more than that.

My questions are:

1, what do we need to indicate on question 16 on I-130? In other words, does the above story describe "immigration proceedings"? It seems to us that we need to answer "yes" and indicate that I was subject to "exclusion/deportation". Thoughts??

2. If we do need to indicate that, what implications might this have as we delve into this AOS journey?

3. Is there anything else we should do to explain this incident (ie. would a Freedom of Information Act request shed on light on how that incident was recorded with Customs and Border Patrol)?

Thank you so much in advance for all your help!

[Mollie09 1,543]

Were you given any papers to sign during this incident?

My understanding is that being rejected at the border doesn't count as either "deportation" or "removal", just "denied entry". I think you should be fine, especially since you've had other visas since then, and have entered the country without issues. But if there was paperwork involved, it would be worth looking more closely into it.

Edit after a quick google search: http://london.usembassy.gov/niv/add_refused.html

Hi Everyone,

My fiance and I just joined this website today. It has been very helpful thus far. Thank you!! I am wondering if anyone can give us some advice?

We are preparing to start filling out my AOS and associated forms (I-130, I-485, as well as I-765 and I-131). I am here on a J1 visa working (category: specialist .... I am a Canadian citizen, fiance is American citizen). So far, the forms are pretty straight-forward and manageable. But, because of one incident at the border in 2009, question 16 on I-130 raises a question (Question is: "has your relative ever been under immigration proceedings?"). The options are yes or no. If yes, they ask where, when and whether it was 1. removal 2. exclusion/deportation 3. rescission 4. judicial proceedings.

In 2009, I had been on another J1 visa and, when the visa expired, I returned to Canada to surrender my visa and not become out of status. After a day in Canada, I returned, by car, to the US/Canada border, asking to enter as a tourist to the U.S. to take a 1 month vacation prior to returning to Canada. At that time, I was refused entry to the US and returned to Canada. I was told by the border guard that I needed to show proof of my residential ties to Canada and financial proof of my ability to support myself while in the US. Two days later, I returned to the US border, with that evidence in hand, and was granted entry as a tourist.

I have never again attempted to enter the US as a tourist, yet have had 6 more J1 visas without incident. Upon entering the US with those subsequent J1s, the border guards have mentioned "what happened in 2009?" but nothing more than that.

My questions are:

1, what do we need to indicate on question 16 on I-130? In other words, does the above story describe "immigration proceedings"? It seems to us that we need to answer "yes" and indicate that I was subject to "exclusion/deportation". Thoughts??

2. If we do need to indicate that, what implications might this have as we delve into this AOS journey?

3. Is there anything else we should do to explain this incident (ie. would a Freedom of Information Act request shed on light on how that incident was recorded with Customs and Border Patrol)?

Thank you so much in advance for all your help!

Edited June 11, 2014 by F1H1I130

[meaganb 2]

Thank you for this link, F1H1II30.

I was never given any copies of anything when I was denied entry, nor did I ever receive anything at a later date by mail.

I do not remember at all if I had to sign anything or not. I do remember having my fingerprints taken, and my photo, but, in the whirlwind of it all, I don't remember for certain if I signed anything.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~