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Filed: Timeline
Posted

Ok So I am SUPER Confused about this one. I am really bad with understanding clauses since I tend to over analyze them

I was in the US on a student visa and took up unauthorized employment. Towards the end of 2003 i was reported and put out-of-status. I continued on with my education at my university but the following year around sept/oct I was apprehended by the USCIS and put into removal proceedings. nearly an year later, I was granted voluntary departure and left the country as instructed in 2005.

I've never returned to the US since and was rejected visit visas on 2 occasions since.

Fast forward 6 years - I have an Immigrant visa interview coming up with a certain question in the DS230 leaving my stressed.

Questions 40 h. "An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years."

To date we have been told by the Immigration Judge, USCIS Interviewing Officer and NVC that I will not be looking at any ban/bar since I have been out of the country for more than 6 years now. I am however wondering if the answer tot the above question is a YES or a NO?

Opinions appreciated!

Posted (edited)

Ok So I am SUPER Confused about this one. I am really bad with understanding clauses since I tend to over analyze them

I was in the US on a student visa and took up unauthorized employment. Towards the end of 2003 i was reported and put out-of-status. I continued on with my education at my university but the following year around sept/oct I was apprehended by the USCIS and put into removal proceedings. nearly an year later, I was granted voluntary departure and left the country as instructed in 2005.

I've never returned to the US since and was rejected visit visas on 2 occasions since.

Fast forward 6 years - I have an Immigrant visa interview coming up with a certain question in the DS230 leaving my stressed.

Questions 40 h. "An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years."

To date we have been told by the Immigration Judge, USCIS Interviewing Officer and NVC that I will not be looking at any ban/bar since I have been out of the country for more than 6 years now. I am however wondering if the answer tot the above question is a YES or a NO?

Opinions appreciated!

Going off what you said above, to me it seems like you would answer that question with 'no' since you were ordered to remove more than 5 years ago.

If you want, you can always write 'see supplemental sheet' on that question, and on a separate sheet, write out the circumstances you had with leaving the US and mention that although it was more than 5 years ago, you still wanted to explain, just in case.

Edited by Saylin
Filed: Timeline
Posted

Going off what you said above, to me it seems like you would answer that question with 'no' since you were ordered to remove more than 5 years ago.

If you want, you can always write 'see supplemental sheet' on that question, and on a separate sheet, write out the circumstances you had with leaving the US and mention that although it was more than 5 years ago, you still wanted to explain, just in case.

Actually , I answered it as a YES. I have been interviewed already and they are doing additional checks. I was forth coming about everything. Just worried if I answered it accurately or not! And if the YES should actually have been a NO!

 
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