Deportation Question vs Entry Denied

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cooluswiz

Registered Users (C)
I am applying for my citizenship and saw a question regarding deportation, I never got any deportation order but in 1999 was denied entry on my business visa when I have told the UCIS officer that I am going to explore job opportunity and visiting a employer, at that I had a H1 visa and then they cancelled my B1/B2 visa and flew back the next day and later got my H1 on the passport and came same week with no issues. At that time I did mention when I applied for my H1 visa that my B1/B2 got cancelled but no issues. Now to answer the question that whether I was ever deported (Yes or No) what should apply as I understand that I never got any orders from court for deportation and I did not have issue with my green card. Please help me answer it correctly as I do not like to take any chances....Appreciate it.
 
cooluswiz said:
I am applying for my citizenship and saw a question regarding deportation, I never got any deportation order but in 1999 was denied entry on my business visa when I have told the UCIS officer that I am going to explore job opportunity and visiting a employer, at that I had a H1 visa and then they cancelled my B1/B2 visa and flew back the next day and later got my H1 on the passport and came same week with no issues. At that time I did mention when I applied for my H1 visa that my B1/B2 got cancelled but no issues. Now to answer the question that whether I was ever deported (Yes or No) what should apply as I understand that I never got any orders from court for deportation and I did not have issue with my green card. Please help me answer it correctly as I do not like to take any chances....Appreciate it.
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Actually, it looks like you were allowed to "withdraw your application for admission" rather than have a determination made as to admissibility. If you have been refused entry and subjected to "expedited removal" you would have been barred from re-entry for 5 years. You were not barred.

8 CFR § 235.4 Withdrawal of application for admission.

The Attorney General may, in his or her discretion, permit any alien applicant for admission to withdraw his or her application for admission in lieu of removal proceedings under section 240 of the Act or expedited removal under section 235(b)(1) of the Act. The alien's decision to withdraw his or her application for admission must be made voluntarily, but nothing in this section shall be construed as to give an alien the right to withdraw his or her application for admission. Permission to withdraw an application for admission should not normally be granted unless the alien intends and is able to depart the United States immediately. An alien permitted to withdraw his or her application for admission shall normally remain in carrier or Service custody pending departure, unless the district director determines that parole of the alien is warranted in accordance with §212.5(b) of this chapter.

IF you had actually been subjected to "removal" (expedited under INA 235 or regular under INA 240) THEN you would have been barred under:

INA 212(a) inadmissible aliens-

(9) ALIENS PREVIOUSLY REMOVED.-

(A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. ..............

YOU were NOT "removed". In the old days, pre-IIRIRA (pre-1996 amendments) that "refusal" was called exclusion and being "kicked out later" was called deportation. Those were lumped together and called "removal". You were shown discretionary relief from formal "removal" and allowed to "withdraw" thus avoiding any negative legal ramifications. You signed something on that day at the airport and it is in your file.
 
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The actual question in N-400 reads:
"Have you ever been ordered to be removed, excluded or deported from the United States?"

Does anyone know what "excluded" means here? Might not it apply to being denied entry to the U.S.?
 
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