Past Voluntary Departure and applying for citizenship question

O

orbital

Registered Users (C)
I became legal in this country about 5 years ago (I got my GC), but back in the late 90's I got a letter of Voluntary Departure because my application for a GC was denied under my parents application because I had aged out. The jest of the letter was "You are granted to XXX XX, XXXX to effect your departure from the US voluntary without the institution of proceedings to enforce your departure..."

So what do I check YES or NO when asked "Have you ever been ordered to be removed, excluded or deported from the United States? " in Part 10 E27 in the N-400? And how will this affect my case?
 
That was a voluntary departure notice. Did you voluntarily leave or did the then INS have to enforce it?
 
Bobsmyth said:
That was a voluntary departure notice. Did you voluntarily leave or did the then INS have to enforce it?
Click to expand...

I never heard anything from the INS after I got the letter, I never left the country, and then I did that special "registration" and got my GC.
 
Since the notice was voluntary, and you were never ordered removed you would then answer "NO" to that question.
 
Bobsmyth said:
Since the notice was voluntary, and you were never ordered removed you would then answer "NO" to that question.
Click to expand...
I don't know about that. "Voluntary departure" is still a mandatory order. It's just that they won't physically deport you with force, thereby sparing themselves the expense of it and sparing you the hassle and humiliation.

I think the OP should consult a lawyer on this issue. The voluntary departure will be in USCIS records. Answer Yes when it should be No, it could complicate things. Answer No when it should be Yes, it could result in denial for lying.
 
Jackolantern said:
I don't know about that. "Voluntary departure" is still a mandatory order. It's just that they won't physically deport you with force, thereby sparing themselves the expense of it and sparing you the hassle and humiliation.

I think the OP should consult a lawyer on this issue. The voluntary departure will be in USCIS records. Answer Yes when it should be No, it could complicate things. Answer No when it should be Yes, it could result in denial for lying.
Click to expand...
Voluntary departure is a form of relief that USCIS provides before administering formal removal proceedings. The question on the N-400 relates to formal removal proceeding taken against an applicant (note the use of the wording "ordered to be removed" vs "voluntary departure relief").
 
You must log in or register to reply here.
Top