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RecentGuy

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

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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 by RecentGuy

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Agreed. Both should be Yes.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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