immigration history questions on ds-260

[mbeck913 0]

Hello everyone,

 

I (US citizen) am sponsoring my dad (Canadian citizen) for his green card via consular processing. We are the ds-260 stage. 

As we are almost wrapping up the ds-260 application, there are a few previous immigration questions that I need help with.

My parents (as Canada permanent resident, Korean national at that time) have history of receiving a 5 year re-entry ban to US at land port of entry in 1998 when they were seeking re-entry from Canada. The reason is most likely due to being out of status on a visitor visa from S Korea (told the officer at the border that he is working at his brother's family business, as he did not know he was not allowed to do that as a visitor). Their b1/b2 visitor visa was cancelled at that time. The 5 years have passed, and since then, they have readily come in and out of USA. This is as much information they remember from this incident.

 

There are about 4 questions on ds-260 re: prior immigration problems that may pertain to the above incident. Should I say YES to all these questions, and under explain, write the same story? I feel like these questions overlap and appear redundant. But I also want us to be transparent.

 

1. Have you ever been removed or deported from any country? 
2. Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?  

3. Have any of your US visas ever been cancelled or revoked? 

4. Have you ever been refused a US Visa, been refused admission to the US, or withdrawn your application at the port of entry? I do have a lawyer, and he advised me to say Yes to this question as they were refused admission.

 

My lawyer told me to say no for removal this time when I have told him regarding the incident again, as it sounds more like refusal of admission rather than removal. But I looked back in our I-130 application, and removal is checked off under the previous immigration proceedings question. 

 

Will it hurt to say Y to all 4 questions and say the same response?

 

Any advice and prior experiences are welcome!!

[Crazy Cat 41,886]

It sounds like expedited removal for illegal work.  You don't receive a 5 year ban for withdrawing admission.  However, a removal comes with an automatic 5 year ban.  Your attorney should know this.  I would not trust his/her opinion.  The good thing is that it should not affect his immigrant visa.

Edited December 28, 2021 by Crazy Cat

[mbeck913 0]

Thank you.

I do also think it is removal.

So, if it is removal, would it also be refusal of admission? How can you have removal without the refusal? 

 

Would it be ok to say yes to those questions and put in the same explanation?

 

And thank you for saying it wouldn't hurt their chances... This part of their history is giving my parents a lot of anxiety.