Help form I-130 question 16

[keymelky]

My U.S Citizen wife and I are filing for my green card however I am confused with one question 16 on form I-130 this my also answer another yes or no question on form I-485 part 3, question 1.b
Have you ever, in or outside the United States
b. been arrested, cited, charged, indicted. bla bla bla

Well I was arrested by INS and waited in jail a few days to speak to the I.J about the following situation so do I answer Yes and explain on a seperate sheet.

question 16 on form I-130 has me confused, No or Yes and what box, here was my situation, in 1996 my partner contacted INS stated that I overstayed and tourist visa entry, I think that his friend worked for the INS and they came for me, I had was arrested and was detained for a few days waiting to speak to an I.J to see if he would approve my voluntary leave on my own expense. it was granted because I was here for less than a year, good morals bla bla bla, then left without any penalities or bars, when back to Costa Rica, 3 months later applied for a visa and came back again. my main question and confusion is a simple one question 16 on form I-130 do I choose Yes or No and what box if yes

I was granted to leave

example of granted to leave law::
If you have no alternative but to return to your home country, you must request Voluntary Departure which would allow you to leave the U.S. voluntarily, at your own expense, and you must agree to its terms and conditions. The judge can not grant this relief unless the alien requests it and agrees to it. If the judge orders this Relief, you must leave within the time frame he grants to you, but you can return to the U.S. as soon as you have a proper visa to do so. In the alternative, if the judge orders you deported or removed, you can not return to the U.S. for five or ten years, or quite possibly never

 

[Al Southner]

My U.S Citizen wife and I are filing for my green card however I am confused with one question 16 on form I-130 this my also answer another yes or no question on form I-485 part 3, question 1.b
Have you ever, in or outside the United States
b. been arrested, cited, charged, indicted. bla bla bla

Well I was arrested by INS and waited in jail a few days to speak to the I.J about the following situation so do I answer Yes and explain on a seperate sheet.

question 16 on form I-130 has me confused, No or Yes and what box, here was my situation, in 1996 my partner contacted INS stated that I overstayed and tourist visa entry, I think that his friend worked for the INS and they came for me, I had was arrested and was detained for a few days waiting to speak to an I.J to see if he would approve my voluntary leave on my own expense. it was granted because I was here for less than a year, good morals bla bla bla, then left without any penalities or bars, when back to Costa Rica, 3 months later applied for a visa and came back again. my main question and confusion is a simple one question 16 on form I-130 do I choose Yes or No and what box if yes

I was granted to leave

example of granted to leave law::
If you have no alternative but to return to your home country, you must request Voluntary Departure which would allow you to leave the U.S. voluntarily, at your own expense, and you must agree to its terms and conditions. The judge can not grant this relief unless the alien requests it and agrees to it. If the judge orders this Relief, you must leave within the time frame he grants to you, but you can return to the U.S. as soon as you have a proper visa to do so. In the alternative, if the judge orders you deported or removed, you can not return to the U.S. for five or ten years, or quite possibly never

Key,

In that question, please check YES. You should always strive to be on the correct side of issues when dealing with immigration people or anyone for that matter. In this matter, you should definately check yes, attach an explanation that you were arrested and taken to custody by ICE and you went before an immigration judge.(Did you appear before an immigraiton judge or ICE offered you a voluntary departure without an immigration judge?)

If this is the case, meaning an immigration judge offered you a voluntary or you requested a voluntary departure, so you should b explain this in your letter. As such, you asked to leave at your own accord, at your expense and without being forced out by the immigration. If you have the documentation to prove this, then you should make copies and attach them to you statement which you are going to be sending to USCIS...In most cases, leaving voluntarily has a positive outcome than being deported via a naval ship to your home country by the US govt... This is negative in the face of USCIS....

Lastly, check YES and attach an explanation. Immigration should obviously have this record in their system. However, since you were issued a visa again shortly after leaving the US, I personally can't see you being denied this benefit...this is my own view. This is if you prove that your relationship is a genuine one, not to evade the immigration laws of the US...

 

[pianoplayer]

Key,

In that question, please check YES. You should always strive to be on the correct side of issues when dealing with immigration people or anyone for that matter. In this matter, you should definately check yes, attach an explanation that you were arrested and taken to custody by ICE and you went before an immigration judge.(Did you appear before an immigraiton judge or ICE offered you a voluntary departure without an immigration judge?)

If this is the case, meaning an immigration judge offered you a voluntary or you requested a voluntary departure, so you should b explain this in your letter. As such, you asked to leave at your own accord, at your expense and without being forced out by the immigration. If you have the documentation to prove this, then you should make copies and attach them to you statement which you are going to be sending to USCIS...In most cases, leaving voluntarily has a positive outcome than being deported via a naval ship to your home country by the US govt... This is negative in the face of USCIS....

Lastly, check YES and attach an explanation. Immigration should obviously have this record in their system. However, since you were issued a visa again shortly after leaving the US, I personally can't see you being denied this benefit...this is my own view. This is if you prove that your relationship is a genuine one, not to evade the immigration laws of the US...

And provided that you meet "Sarpizza's bona fide test". Sorry, Sarr, couldn't resist.