How to answer question related to Deportation / Releif from deportation

[pippen]

I asked this question before but just want to get more clarification again.

previous history:

My OPT was denied because of a mistake made by School and the denial letter says that, there is no appeal for the decision. ( Issue: school actually put incorrect graduation date, according to which, my OPT appliction date fell beyond the 2 month grace period to file for OPT after graduation).

But I hired a lawyer and sent the correct paper work using MTR and INS denied it again as they did not understand the issue correctly. This decision says that the benefit is denied and they will put this decision on my 1-94/I-120. They also suggested that I can file for MTR or reconsider with a fee.

Lawyer has filed MTR again with same paperwork and it was approved.

There was a gap of 8 months between my graduation date and the date INS has approved the OPT (for some reason they did not issue me the OPT from my graduation date but on the day they have approved).

This happened 9 yrs ago.

Anyways after that I have my H1/H1 stamp/ H1 Extension and GC. Now ready to apply for citizenship.

Current dilemma:

should I answer question related to Have you ever been deported and question related to have you ever applied releif from deportation Yes and explain in on a separate sheet and attach the paperwork. or should I answere NO now and bring it up during the interview and explain.

 

[mpotturi]

I asked this question before but just want to get more clarification again.

previous history:

My OPT was denied because of a mistake made by School and the denial letter says that, there is no appeal for the decision. ( Issue: school actually put incorrect graduation date, according to which, my OPT appliction date fell beyond the 2 month grace period to file for OPT after graduation).

But I hired a lawyer and sent the correct paper work using MTR and INS denied it again as they did not understand the issue correctly. This decision says that the benefit is denied and they will put this decision on my 1-94/I-120. They also suggested that I can file for MTR or reconsider with a fee.

Lawyer has filed MTR again with same paperwork and it was approved.

There was a gap of 8 months between my graduation date and the date INS has approved the OPT (for some reason they did not issue me the OPT from my graduation date but on the day they have approved).

This happened 9 yrs ago.

Anyways after that I have my H1/H1 stamp/ H1 Extension and GC. Now ready to apply for citizenship.

Current dilemma:

should I answer question related to Have you ever been deported and question related to have you ever applied releif from deportation Yes and explain in on a separate sheet and attach the paperwork. or should I answere NO now and bring it up during the interview and explain.

If your situation clearly comes under 'relief from deportation' area, I would recommend answering YES and explain on a separate sheet. Don't forget to put your A number on the top of the sheet. Also make an annotation right at the place where you said YES pointing to the additional sheet. On the otherhand if you said NO on the application, it would amount to suppression of facts and interpreted as a lie and could lead to denial straight away. It would be best if you file it thru an attorney as your case doesn't seem to be a simple one.

 

[pippen]

Thanks for the replies. Yeah! I was never officially put under removal/deportation proceedings (No order of any sort, but USCIS has said in the second denial that they will put this on my I-94/1-20 - So I do not know what that means.)

when they approved it with motion to reopen/reconsider they must have reverted their decision on I-94 as well. I hold the I-94 so I dont know what that meant. I never has issues when I went out and came back and applied for H1 visa outside US.

The whole episode was a mistake but not actual vialation by me. First time by school and second time by USCIS as they did not understand the actualy correction in the date.