Login Here

Forgotten your password? Click here!
Results 1 to 5 of 5

Thread: DS-160 Security question

      
  1. #1

    Question DS-160 Security question

    Problem
    I'm in the process of completing the DS-160 form for the purpose of obtaining the business visa and I'm a bit confused about how to properly answer the question "Have you ever been the subject of a removal or deportation hearing?"

    I have a previous immigration history from 1995 to 2005
    B2-->Political Asylum Process --> DV Lottery Greencard
    in 2005 I moved outside the USA and subsequently lost the greencard (I-407 executed)

    My affirmative political asylum case (1997 to 1999) has gone to the judicial review, I did have a master hearing but never got a chance to attend the individual hearing as I requested my case be closed (granted, case closed) to allow me to proceed with the DV Lottery based adjustment of status application (granted,got the GC) as, obviuosly it was much more a quicker path to the GC than waiting for the political asylum case to go through.

    The question is : was my political asylum case considered "a removal or deportation hearing"? Was the master hearing I had at the Executive Office for Immigration Review (aka immigration court) considered a "a removal or deportation hearing"?
    Mind, the political asylum case was never denied.

    What do you think, experts?

    Thank you in advance
    Last edited by cosmo.kramer101; 10th July 2012 at 03:42 PM.

  2. #2
    Join Date
    Nov 2006
    Location
    Naperville, IL, USA
    Posts
    12,523
    No and no respectively.

    Quote Originally Posted by cosmo.kramer101 View Post
    The question is : was my political asylum case considered "a removal or deportation hearing"? Was the master hearing I had at the Executive Office for Immigration Review (aka immigration court) considered a "a removal or deportation hearing"?
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

  3. #3
    Quote Originally Posted by Triple Citizen View Post
    No and no respectively.
    Thank you, Triple Citizen, but it seems as it's yes and yes respectively. I just consulted with the experienced immigration attorney (who actually handled my asylum case) and he confirmed that the asylum case (at the judicial review stage) is considered to be a removal proceedings.

  4. #4
    Join Date
    Nov 2006
    Location
    Naperville, IL, USA
    Posts
    12,523
    I am not going to compete a lawyer's word, assuming he/she is competent. My understanding is, an asylum judge only after declining an applicant's asylum case then sends it for removal proceedings. According to your first post, you withdrew your case. I do not see it being tthe same as a denied asylum case. I may be wrong however.


    Quote Originally Posted by cosmo.kramer101 View Post
    Thank you, Triple Citizen, but it seems as it's yes and yes respectively. I just consulted with the experienced immigration attorney (who actually handled my asylum case) and he confirmed that the asylum case (at the judicial review stage) is considered to be a removal proceedings.
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

  5. #5

    ived towier

    Quote Originally Posted by Triple Citizen View Post
    I am not going to compete a lawyer's word, assuming he/she is competent. My understanding is, an asylum judge only after declining an applicant's asylum case then sends it for removal proceedings. According to your first post, you withdrew your case. I do not see it being tthe same as a denied asylum case. I may be wrong however.
    Exactly, this is what I was presuming first. But then after conducting some research I realized that once the case is turned to the immigration court , the I-862 Notice to appear is being served to an alien
    see this http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

    but the Removal proceedings on their own (even without asylum case) are being started exactly from serving the same
    I-862 Notice to appear

    see
    http://immigration.findlaw.com/depor...rocedures.html

    thus turning the asylum case to the IJ equals removal proceedings

    this was confirmed by my attorney.

    Just for the information, in case someone else needs it.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. DS 160 Security and Background check section
    By ml80 in forum B Visa Issues at the Consulate
    Replies: 4
    Last Post: 18th October 2012, 04:47 PM
  2. DS 160 Security and Background check section (Criminal Information)
    By rnair001 in forum B Visa Issues at the Consulate
    Replies: 2
    Last Post: 24th May 2011, 09:39 AM
  3. ds 160 form
    By DR NITI in forum General B Visa and Related Issues
    Replies: 8
    Last Post: 24th December 2010, 03:30 AM
  4. DS-160 questions
    By rm_72756 in forum General B Visa and Related Issues
    Replies: 1
    Last Post: 18th April 2010, 12:18 PM
  5. DS 160 question
    By vinvic in forum B Visa Issues at the Consulate
    Replies: 0
    Last Post: 9th February 2010, 02:38 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Nonimmigrant Visas
Green Cards
Common Topics
Professions