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I-485 q.8 uncertain how to answer

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Filed: H-1B Visa Country: Japan


I plan to be married shortly, and am ready to begin the visa process. I have a concern about my submission of the I-485 form, namely question 8:

"Have you EVER been deported from the United States or removed from the United States at government expense ...?"

I am a little unclear as to how to answer this question as I had an incident where I was denied entry to the U.S. In 1998, I tried to enter the country under the Visa Waiver program, but I was refused entry. I was subjected to a Q&A procedure, where they (falsely) claimed I was entering the country to work or get married, which was not allowable under the Visa Waiver. They attempted to change the date on my return ticket, but it was too late to transfer for that day. They made me board the next plane to Japan on another carrier, so I'm not sure if this was under the government's expense.

So for now, filling out the I-485 form, I wish to answer this question honestly but I'm not certain that my prior incident applies here. The question indicates a "removal" but does not mention a "refused entry", so I'm not entirely certain that I need to answer "Yes". Has anybody else had a similar experience, and if so how did you answer this question when filling out the I-485?

Also, can anyone tell me if they ever answered "Yes" to this question, and what the impact was to your immigration process?

Thanks in advance!

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Filed: Citizen (pnd) Country: Indonesia

I think being denied entry is different from being deported.

You were denied entry, told to leave, and you left.

I believe that by definition being deported is when you fail to leave after being ordered to.

And if you paid for your flight back to Japan, then I don't think it was at the expense of the government.

Also I think you should have an incident report given to you at the time of denial, something called form I-877?

Maybe include a copy of this, or anything they gave you when this denial happened, as a way for you to honestly disclose this fact.

Hopefully someone else with firsthand experience will come along..

Good luck!

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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