Is it considered an "Ordered Removal" if in Removal Proceedings?

[RecentGuy 0]

Hello all,

I have a quick question regarding the removal questions on the N-400. My now wife came to the US on a student visa. She overstayed her visa, and went into removal proceedings (during this time, I remember her receiving voluntary departure notice, that she did not do. ) While in removal proceedings, we were married, and she was able to adjust her status through me (a US citizen.) Her proceedings were terminated and she was granted conditional permanent residency. After two years, we filed for removal of conditions (which was granted.) Now at three years, we are working on her naturalization.

The N-400 is pretty straightforward, but I have a question around two of the questions surrounding removal proceedings.

34. Have you ever been ordered removed, excluded, or deported from the United States?

Not quite sure about this (leaning towards 'No'.) My wife received a letter for voluntary deportation, but I'm not entirely sure if this counts. Her removal proceedings were terminated.

35. Have you ever been placed in removal, exclusion, rescission, or deportation proceedings?

This would be yes.

Any help would be greatly appreciated. Thanks!

Edited July 13, 2015 by RecentGuy

[S_R 148]

Both answers should be Yes. She was ordered removed even though the process was later terminated.

Edited July 13, 2015 by S_R

[Hypnos 6,576]

Agreed. Both should be Yes.

[Penguin_ie 5,986]

Another vote for Yes to both.

I doubt it will be a major issue, because she went through AOS and ROC fine, but you still need to put Yes.