Part 10 of the N400 - removal, exclusion, deportation

[appli]

In questions 26, 27 and 28 of the N400 naturalization application is the correct answer "No" if your non-immigrant visa was just revoked/cancelled due to the immigration inspector feeling that the "applicant appears inadmissible" at the port of entry and you returned back immediately within hrs to your home country voluntarily by using your own paid for return ticket?

The section under which the visa was cancelled is 22 cfr 41.122 (H) (3) which i don't believe comes under exclusion ( i think section H (2) is exclusion) or deportation (H (4) is deportation). I do not believe this can be termed a removal either?

Also, does voluntarily returning back to the home country mean that the traveller actually applied for any "relief' from removal, exclusion or deportation?

Look forward to your valuable input.

Thanks.

 

[BigJoe5]

In questions 26, 27 and 28 of the N400 naturalization application is the correct answer "No" if your non-immigrant visa was just revoked/cancelled due to the immigration inspector feeling that the "applicant appears inadmissible" at the port of entry and you returned back immediately within hrs to your home country voluntarily by using your own paid for return ticket?

The section under which the visa was cancelled is 22 cfr 41.122 (H) (3) which i don't believe comes under exclusion ( i think section H (2) is exclusion) or deportation (H (4) is deportation). I do not believe this can be termed a removal either?

Also, does voluntarily returning back to the home country mean that the traveller actually applied for any "relief' from removal, exclusion or deportation?

Look forward to your valuable input.

Thanks.

The regulation have been re-written as of April 27, 2011.

Prior to that:

22 CFR 41.122 Revocation of visas.

(h) Revocation of visa by immigration officer. An immigration
officer is authorized to revoke a valid visa by physically canceling it
in accordance with the procedure prescribed in paragraph (c) of this
section if:

(3) The alien is notified pursuant to INA 235(b) by an immigration
officer at a port of entry that the alien appears to be inadmissible to
the United States and the alien requests and is granted permission to
withdraw the application for admission;

You were allowed to "withdraw you application for admission" and it does not count against you for anything. It is not exclusion, deportation, or removal.

 

[domenic]

im cuaban born under order of supervision my grandfather lives in cuba he is very sick i would like to see him before he dies, can i travel to cuba to see him ?

 

[BigJoe5]

im cuaban born under order of supervision my grandfather lives in cuba he is very sick i would like to see him before he dies, can i travel to cuba to see him ?

See a lawyer.

MOST Cubans can easily adjust and get a greencard, you must have issues that require a competent attorney's attention.

 

[appli]

Thanks BigJoe5.

Just wanted to reconfirm that you are pretty sure about this ? Is there any other note out there on the web or on the BCIS site that lends weight to this? Thanks again for your help and time answering this!

regards.
___________________________________________

The regulation have been re-written as of April 27, 2011.

Prior to that:

22 CFR 41.122 Revocation of visas.

(h) Revocation of visa by immigration officer. An immigration
officer is authorized to revoke a valid visa by physically canceling it
in accordance with the procedure prescribed in paragraph (c) of this
section if:

(3) The alien is notified pursuant to INA 235(b) by an immigration
officer at a port of entry that the alien appears to be inadmissible to
the United States and the alien requests and is granted permission to
withdraw the application for admission;

You were allowed to "withdraw you application for admission" and it does not count against you for anything. It is not exclusion, deportation, or removal.

 

[BigJoe5]

Thanks BigJoe5.

Just wanted to reconfirm that you are pretty sure about this ? Is there any other note out there on the web or on the BCIS site that lends weight to this? Thanks again for your help and time answering this!

regards.
___________________________________________

CFR = Code of Federal Regulations and those are the rules that agencies write based on the laws passed by Congress. What else would you expect after that?