Talked to my lawyer, now very confused

[Jackolantern]

I am writing " NO" for both of these questions.
1. Have you ever been ordered to be removed, excluded or deported from USA?
2. Have you ever been given any relief from removal, exclusion or deportation?

From your own statements in the other thread, #2 should be YES because you applied for and received relief from removal.

 

[snowyguy]

From your own statements in the other thread, #2 should be YES because you applied for and received relief from removal.

Look at this
QUOTE=Bobsmyth;1988066]IMO, "Removal proceeding" starts with a hearing that determines whether an official removal order is handed down or not. In your case, it never was so the answer would be NO for all three questions. Had you been ordered removed at the proceeding, but then asked for relief from being removed then you would answer YES.

 

[Bobsmyth]

After I posted that there was further discussion if relief from removal required an actual order at a proceeding or if the hearing itself constituted removal since Jackolantern brought up his point.

 

[snowyguy]

Look at this
QUOTE=Bobsmyth;1988066]IMO, "Removal proceeding" starts with a hearing that determines whether an official removal order is handed down or not. In your case, it never was so the answer would be NO for all three questions. Had you been ordered removed at the proceeding, but then asked for relief from being removed then you would answer YES.

In my opinion you should answer "yes".
But if you have hired a good immigration lawyer, and you have provided all the information to him/her, follow their advice.

i have consulted with three attorneys. I guess people in this forum know more than them.

 

[snowyguy]

From your own statements in the other thread, #2 should be YES because you applied for and received relief from removal.

It still is not clear what relief actually is. We have discussed it in great detail. What i am considering a relief may not be a relief. I shouldn't have used this word in the first place. Please check this link below. http://www.usdoj.gov/eoir/press/04/ReliefFromRemoval.htm
A small paragraph from this webpage
Discretionary Relief

Once an alien in proceedings is found to be removable, he or she, if eligible, may request one or more types of discretionary relief. This section describes some types of discretionary relief that are available during a hearing; administrative relief and judicial review after a hearing is completed are discussed below. The alien has the burden of proving that he or she is eligible for relief under the law, and usually that he or she deserves such relief as an exercise of discretion.

 

[Jackolantern]

USCIS has a record of what happened, so if you answer yes or no incorrectly they could say you lied. So whatever you answer, attach a written explanation of what happened and let them decide if they want to change the answer to yes or no accordingly.

As long as you don't hide anything and USCIS doesn't think you are hiding anything, you should not worry about this affecting your naturalization. Status violations prior to green card approval that are known to USCIS are not bars to naturalization. They ask that question because they want to know if you committed any offense that made you deportable, but were able to avoid deportation on a technicality or humanitarian grounds (e.g. your original country took away your citizenship so there is nowhere to which they can deport you, or you are the only living parent of an extremely ill US citizen child). In such cases, they are interested in whether the conditions that gave you relief are no longer applicable (e.g. your sick child has died) so they can deport you now, or whether the offense that put you in removal proceedings is a bar to naturalization, even if they can't deport you as a result of the relief.

So answer yes or no, attach a written explanation and you'll be OK. And bring the court records to the interview in case they ask for it.

 

[Thoughtful]

Jack is right. Whatever your final decision is (yes or no) attach an explanation of what happened. The USCIS already has a record, by attaching an explanation, they cannot never accuse you of lying. They can only accuse you of wrong interpretation and you will be asked to change your answer during the interview. Careful!!!, this does not mean you have to automatically agree with them. It just gives you a buffer, so that they can never claim you lied on your application.

USCIS has a record of what happened, so if you answer yes or no incorrectly they could say you lied. So whatever you answer, attach a written explanation of what happened and let them decide if they want to change the answer to yes or no accordingly.

As long as you don't hide anything and USCIS doesn't think you are hiding anything, you should not worry about this affecting your naturalization. Status violations prior to green card approval that are known to USCIS are not bars to naturalization. They ask that question because they want to know if you committed any offense that made you deportable, but were able to avoid deportation on a technicality or humanitarian grounds (e.g. your original country took away your citizenship so there is nowhere to which they can deport you, or you are the only living parent of an extremely ill US citizen child). In such cases, they are interested in whether the conditions that gave you relief are no longer applicable (e.g. your sick child has died) so they can deport you now, or whether the offense that put you in removal proceedings is a bar to naturalization, even if they can't deport you as a result of the relief.

So answer yes or no, attach a written explanation and you'll be OK. And bring the court records to the interview in case they ask for it.