To LolaLi and others regarding N 400, Q 27,28

iswaiting

Registered Users (C)
Dear LolaLi (and others),

I read your earlier post at the first line of this forum and found this paragraph:

“She then asked me if I have ever been in deportation proceedings and I told her that since I filed for asylum and was referred to a judge, I was technically placed in deportation proceedings. The judge gave me my asylum and removed me from deportation proceedings. She was unfamiliar with whether or not that should mean we mark 'yes' for that question. So she got up and asked a colleague. She came back an told me that it doesn't but that she will make a note in the application that I was awarded asylum by an immigration judge.”

http://forums.immigration.com/showthread.php?t=280861

It seems that I am facing the same question regarding how to fill the N 400 form, part 10, E.

After being referred to a judge, I was found “removable” and thus, entered into the deportation proceeding which means that once the judge denies my application, I would be ordered to be deported immediately. But instead, the judge granted my asylum case.

Now, looking back carefully, I found that my lawyer prepared the documents containing this paragraph: “ For these reasons, I request that I be granted asylum, withholding of deportation, and relief from my deportation under the enacted Convention Against torture.”

Reading from the judge’s order, there is a subject of “respondent’s application for withholding of removal was ()granted, ()denied, ()withdrawn and ()other”, he crossed (other) and later, he explained in his hand writing: “Torture Convention Relief not needed”.

From my understanding, since I wasn’t in the deportation process or hadn’t been ordered to be deported, the question 27 of N 400 should be No. But, what about the next question 28: “Have you ever applied for any kind of relief from removal, exclusion, or deportation?” What should I choose?

LolaLi, how did you fill your form? And what is meaning of “it doesn't but that she will make a note in the application”?

Thank you all.
 
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Dear LolaLi (and others),

I read your earlier post at the first line of this forum and found this paragraph:

“She then asked me if I have ever been in deportation proceedings and I told her that since I filed for asylum and was referred to a judge, I was technically placed in deportation proceedings. The judge gave me my asylum and removed me from deportation proceedings. She was unfamiliar with whether or not that should mean we mark 'yes' for that question. So she got up and asked a colleague. She came back an told me that it doesn't but that she will make a note in the application that I was awarded asylum by an immigration judge.”

http://forums.immigration.com/showthread.php?t=280861

It seems that I am facing the same question regarding how to fill the N 400 form, part 10, E.

After being referred to a judge, I was found “removable” and thus, entered into the deportation proceeding which means that once the judge denies my application, I would be ordered to be deported immediately. But instead, the judge granted my asylum case.

Now, looking back carefully, I found that my lawyer prepared the documents containing this paragraph: “ For these reasons, I request that I be granted asylum, withholding of deportation, and relief from my deportation under the enacted Convention Against torture.”

Reading from the judge’s order, there is a subject of “respondent’s application for withholding of removal was ()granted, ()denied, ()withdrawn and ()other”, he crossed (other) and later, he explained in his hand writing: “Torture Convention Relief not needed”.

From my understanding, since I wasn’t in the deportation process or hadn’t been ordered to be deported, the question 27 of N 400 should be No. But, what about the next question 28: “Have you ever applied for any kind of relief from removal, exclusion, or deportation?” What should I choose?

LolaLi, how did you fill your form? And what is meaning of “it doesn't but that she will make a note in the application”?

Thank you all.



Simply check next to question

28: “Have you ever applied for any kind of relief from removal, exclusion, or deportation?”

Thats all you need to do. Unless you ever received a letter to leave the country.
 
iswaiting: Would you kindly keep me updated on these particular questions on N-400?
I am applying next month and my asylum case was sent to immigration judge before it was finally granted.
Thanks.
 
the answer should be no...

the answer to me even if you were granted asylum through an immigration judge should be no to both questions 27 and 28 on n400 application. You applied for asylum , you got denied, so your case goes to a judge. In the meantime your case is called removal proceedings. If you were granted asylum and not ordered deported then you can say no to both questions 27 and 28. I hope I am correct in my analysis. Lolali please help us with this..
 
Is it possible that people that already applied to citizenship and went to the interview tell us what did they answer for questions 27 and 28?

Thanks a lot, CL
 
i answer NO

WHEN THE OFFICER ASKED ME DURING THE INTERVIEW IF I EVER BEEN IN DEPORTATION I SAID NO

SHE HAD MY FILE, I WAS DENIED ASYLUM BY THE IJ, LATER ON I WAS GRANTED ASYLUM BY THE BIA

SHE WAS SATISFIED OF MY ANSWER
 
iswaiting: Would you kindly keep me updated on these particular questions on N-400?
I am applying next month and my asylum case was sent to immigration judge before it was finally granted.
Thanks.

After carefully studying the N-400 form and documents my lawyer prepared for the hearing before the judge, I found a following sentence:" ------,I request that ------relief from my deportation under------." Hence, regarding the question #28, I answered "yes".
 
Hey -

Sorry for the delayed response. I have been away for a few weeks.

Yes - please select 'NO' since the only reason you were placed in deportation proceedings was due to the fact that you were referred to an Immigration Judge. I marked 'No' to both questions and did not have a problem - even though the interviewing officer had no clue about asylum proceedings.

Remember this isn't a trial and that you will be given an opportunity to explain your responses at the time of the interview - if the question comes up. Just like it did in my case....

Good luck!
 
you just say simply check, simply check what?? yes or no?

Sorry for the late response, I am sure you already filed by now...

Check Yes next to the option..

My I was granted aslyum by immigration Judge. I checked Yes next to thq 'relief' question per my lawyers suggestion. I had no problems at all during unterview. In any event, just explain this duing the interview and the officer will mody the application accordingly. Its not a big dea...
 
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