DS-160 Security question

C

cosmo.kramer101

Registered Users (C)
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 a moderator:
Triple Citizen said:
No and no respectively.
Click to expand...

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.
 
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.


cosmo.kramer101 said:
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.
Click to expand...
 
ived towier

Triple Citizen said:
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.
Click to expand...

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/us...nnel=f39d3e4d77d73210VgnVCM100000082ca60aRCRD

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/deportation-removal/overview-of-removal-procedures.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.
 
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