I have a question, does anyone know if number 4 under section 1101(a)(13)(C) applies to me?
Am i still considered to be in removal proceedings?
I know I have a final administrative removal order which, would make a CBP officer assume I'm in removals. But since then I was granted defered action, approved i360 and approved i485. Surely, this means the government is not seeking to remove me. Am I correct to think this?
Section 101(a)(13)(C) of the INA, 8 U.S.C. 1101(a)(13)(C), lists the situations in which a person who has been admitted as an LPR can be regarded as seeking admission:
(i) has abandoned or relinquished [LPR] status,
(ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under [the INA] and extradition proceedings,
(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240(a), or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.
Thank you
I have a question, does anyone know if number 4 under section 1101(a)(13)(C) applies to me?
Am i still considered to be in removal proceedings?
I know I have a final administrative removal order which, would make a CBP officer assume I'm in removals. But since then I was granted defered action, approved i360 and approved i485. Surely, this means the government is not seeking to remove me. Am I correct to think this?
Section 101(a)(13)(C) of the INA, 8 U.S.C. 1101(a)(13)(C), lists the situations in which a person who has been admitted as an LPR can be regarded as seeking admission:
(i) has abandoned or relinquished [LPR] status,
(ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under [the INA] and extradition proceedings,
(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240(a), or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.
Thank you