Filing N-400 and removed/excluded/deported questions

[smashrun 10]

I've done multiple board searches and can't seem to find any specific info regarding our situation. LPR married to USC will be filing N-400 under 3 year rule. To give a little backstory, LPR was a visa overstay who left the US, which triggered a 10 year ban. Waiver of inadmissibility was obtained and the 10 year ban was overcome. In order to obtain that waiver, LPR had to formally apply for a visa (which we knew would be denied) and then apply for a waiver (which was approved).

Question is this - on the N-400, Part 11 questions 33 and 34 state "have you ever been removed,excluded, or deported from the United States" and "have you ever been ordered removed, excluded, or deported from the US". How to answer this question in light of the previously given background information? LPR was never removed or deported or ordered to do those things, but was denied an immigrant visa due to previous overstay. That immigrant visa was then approved after waiver was obtained. Does that mean LPR was excluded? And if so, should waiver approval documentation and an explanation be included with N-400?

Many many thanks!

[newacct 688]

Based on what you have said, the answer is no. Deportation means an immigration court proceeding to remove someone already in the US; exclusion means the same thing for someone arriving in the US and denied entry. Removal is the new name that encompasses both deportation and exclusion.

[smashrun 10]

Thank you! Very helpful