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Immigration Proceedings question

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Hello All

I have a concern about 2 questions on the I-485 and I-130. The 2 questions are

I-485: Have you ever been deported from the United States, or removed from the United States at government expense, excluded within the past year, or are you now in exclusion, deportation, removal or recission proceedings?

&

I-130 Has your relative ever been under immigration proceedings?

Now the only thing that's even remotely close to this, was one time when I was renewing my TN status, it was rejected at Pearson Airport because I didn't have my original transcripts. Once I got those from home a few hours later, I was on the next flight to Boston.

For the I-485, this scenario doesn't seem to fall under deportation or the other things mentions.

For the I-130 this could be considered an 'immigration proceeding' but I'm not sure.

Anyways I want to truthfully answer the question but I'm not sure how I should considering my situation. Any clarification on this would be appreciated!

Thanks,

09/03/08 - Sent I-130/I-485/I-765/I-131 to Chicago Lockbox

09/11/08 - Checks cashed

09/15/08 - NOA received

09/16/08 - Biometrics appointment for 09/30/08

09/30/08 - Biometrics completed - cases available online

11/20/08 - EAD and AP approved

11/25/08 - AP received

12/01/08 - EAD received

02/10/09 - AOS Interview - Green card approved :D

02/20/09 - Green Card received

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I do not believe it is --- you were stopped for a while, but not removed.

However, I am not an attorney - let's see what other folks say!

Just to clarify, basically I was going through Immigration at Toronto Pearson Airport to get my TN, then fly out to Boston. However, they rejected my TN due to my lack of transcripts, and kicked me out into the concourse. I had heard somewhere that the Immigration and Customs area at the airport was actually US soil (I guess like some kind of embassy or something...) which is why I wonder if I was 'removed' or 'deported' by some strange logic?

Maybe I'm just reading too much into the incident, but obviously I don't want to be wrong on the forms. Also since then on occasion, I have been asked by other immigration officials about why I was denied entry, so it's definitely 'in the system' somewhere, so I don't want to seem like I'm lying.

09/03/08 - Sent I-130/I-485/I-765/I-131 to Chicago Lockbox

09/11/08 - Checks cashed

09/15/08 - NOA received

09/16/08 - Biometrics appointment for 09/30/08

09/30/08 - Biometrics completed - cases available online

11/20/08 - EAD and AP approved

11/25/08 - AP received

12/01/08 - EAD received

02/10/09 - AOS Interview - Green card approved :D

02/20/09 - Green Card received

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  • 2 weeks later...

I'm looking at the I-130 again and I'm a bit more concerned about the question there, than in the I-485. The I-485 mentions "exclusions within the last year", so I'm safe there since the incident was a few years ago. However on the I-485 it just gives a general "Exclusions/Deportations" check box.

Again, I'm unclear if my previous encounter at the airport counts as an "Exclusion" from the USA. Any advice would be helpful!

09/03/08 - Sent I-130/I-485/I-765/I-131 to Chicago Lockbox

09/11/08 - Checks cashed

09/15/08 - NOA received

09/16/08 - Biometrics appointment for 09/30/08

09/30/08 - Biometrics completed - cases available online

11/20/08 - EAD and AP approved

11/25/08 - AP received

12/01/08 - EAD received

02/10/09 - AOS Interview - Green card approved :D

02/20/09 - Green Card received

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Filed: Citizen (pnd) Country: Poland
Timeline
I'm looking at the I-130 again and I'm a bit more concerned about the question there, than in the I-485. The I-485 mentions "exclusions within the last year", so I'm safe there since the incident was a few years ago. However on the I-485 it just gives a general "Exclusions/Deportations" check box.

Again, I'm unclear if my previous encounter at the airport counts as an "Exclusion" from the USA. Any advice would be helpful!

I would say you were refused admission, but you were not deported or in immigration proceedings, because you would have to be admitted to the US first before you were excluded.

AOS Timeline begun!

AOS sent- June 26th 2008

NOA1- July 3rd

Touch- July 7th (check cashed)

Touch- July 8th

Biometrics notice received- July 14th (notice date- July 9th)

Biometrics Appointment- July 25th

Touch- July 25th

RFE e-mail notice- July 28th

RFE response sent- September 9th

RFE response received by USCIS and case processing resumed- September 12th

AOS Touch- September 18th

Transfer to CSC- September 26th

AOS Touch-September 29th

Received Transfer Letter in mail- October 2nd

AOS Touch- case pending at the office to which it was transferred- October 3rd

AOS Touch- October 6th

EAD Touch- October 29- CARD PRODUCTION ORDERED-yippeeeeeeeeee! I can get a drivers license

EAD Touch- November 3rd- Approval notice sent (JEEEEEEEEEZZZZZZZ RIGHT AFTER I WROTE THIS MY EAD CARD CAME IN MAIL!!!!!! I mean the Mailman brought it HOW WEIRD IS THAT???????????)

AOS Touch Dec 19th

AOS Touch Dec 21st

AOS APPROVED JAN 29th

Removing Conditions 12/16/2010- Application sent by certified mail

Approved 3/07/2011

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