Husband's Prior Immigration Proceedings? I-130 Form

[fitleo 15]

Dear all,

My husband has been under immigration proceedings while we were dating many years ago. In short, he was denied entry into the US and banned from entry for 5 years upon which he returned to his home country.

This ban has expired more than a year ago.

In answering question 16 of I-130 Form, I am not sure of what the difference is among the options given, i.e. removal, exclusion/deportation, rescission, etc.

Does anyone know where I can find more information on them? I do have the whole code under which his US visa was cancelled in his passport (it's a long section/clause number) and while researching it online, it did not state if it were any of the options given in that question.

Can anyone advise me? Also, will this have a negative impact on my petition for him?

Many thanks

[JFH 12,190]

Sounds like removal to me. Have a look at this thread where someone explains the different types.

http://www.visajourney.com/forums/topic/274131-removal-proceedings/

[fitleo 15]

Sounds like removal to me. Have a look at this thread where someone explains the different types.

http://www.visajourney.com/forums/topic/274131-removal-proceedings/

Thanks, again!

I read it, but seems like he falls within exclusion since he was not in the US, but literally at POE and had his visa cancelled and banned from entering for 5 years.

He wasn't on US territory to be removed or deported, but rather excluded from entry.... ????

Anyone else? I really don't want to mess this up... It's been way too long

Many thanks

[LookyWhatIFound 38]

Thanks, again!

I read it, but seems like he falls within exclusion since he was not in the US, but literally at POE and had his visa cancelled and banned from entering for 5 years.

He wasn't on US territory to be removed or deported, but rather excluded from entry.... ????

Anyone else? I really don't want to mess this up... It's been way too long

Many thanks

I would say the same as JFH, EXCLUSION. The options other than Exclusion talk about taking him from inside the US. He was not allowed entry into the US so he was not technically in the US.

But what I would do is attach a document explaining what you just explained in your post. That way it explains why you checked the Exclusion box.

Edited April 23, 2016 by LookyWhatIFound

[fitleo 15]

I would say the same as JFH, EXCLUSION. The options other than Exclusion talk about taking him from inside the US. He was not allowed entry into the US so he was not technically in the US.

But what I would do is attach a document explaining what you just explained in your post. That way it explains why you checked the Exclusion box.

Oh! It hasn't occurred to me that we can do that! Is it possible? Will they later require a copy of the page from his passport through RFE? It wouldn't be a problem, of course, just don't want to waste time sending and re-sending.

Thanks

[LookyWhatIFound 38]

Oh! It hasn't occurred to me that we can do that! Is it possible? Will they later require a copy of the page from his passport through RFE? It wouldn't be a problem, of course, just don't want to waste time sending and re-sending.

Thanks

Yes they allow supplements / attachments etc. Actually when I was doing my petition I did that a lot for anything which I wanted to explain.

Well I don't know what they would want. They might just take your word for it. But its possible they might want something or you might want to take copies of those pages as evidence to the interview in case they ask.

Edited April 24, 2016 by LookyWhatIFound

[fitleo 15]

Yes they allow supplements / attachments etc. Actually when I was doing my petition I did that a lot for anything which I wanted to explain.

Well I don't know what they would want. They might just take your word for it. But its possible they might want something or you might want to take copies of those pages as evidence to the interview in case they ask.

Thank you very much for your insight!