US Citizenship application and US Visa Rejection

[UsDude]

I applied N-400. In the application, Under Part 10, E "Removal. Exclusion and Deportaion proceedings" the question # 26 "Have you ever been removed, excluded or deported from the United States?" I have answered "No"

But after that i realized that i had 2 visa rejects way back in 1992-1993 when i had applied for Visa at Chennai consulate in India.

My questions are:
- Should i have written "Yes" to the quesiton#26?
- Is that the right question where you need to mark "yes" if therre was a Visa rejection?
- I think i would be telling the Officer Interviewing that i had this Visa rejection whenever my Interview comes up. Will this jeopardize my Citizenship application?

 

[lotechguy]

I applied N-400. In the application, Under Part 10, E "Removal. Exclusion and Deportaion proceedings" the question # 26 "Have you ever been removed, excluded or deported from the United States?" I have answered "No"

But after that i realized that i had 2 visa rejects way back in 1992-1993 when i had applied for Visa at Chennai consulate in India.

My questions are:
- Should i have written "Yes" to the quesiton#26?
- Is that the right question where you need to mark "yes" if therre was a Visa rejection?
- I think i would be telling the Officer Interviewing that i had this Visa rejection whenever my Interview comes up. Will this jeopardize my Citizenship application?

The question refers to action that happened while you were in the United States ( removed, excluded or deported from the United States). A Visa rejection is neither a removal, exclusion or deportation action from the United States. So Your answer should be NO. Further I would think You need not have to talk about this at all since it is a non-event for N400 purposes.

 

[UsDude]

Thanks LotechGuy.

Is there any place this should have mentioned in the form for N-400? for any of the question? I checked and re-checked lots of times but maybe i am missing something?

 

[Huracan]

If my memory serves me well, there is such a question on the back of I-94 (the entry form when one comes as a tourist). That kind of question of have you been denied a visa is relevant in those cases. It doesn't seem it's relevant for N-400 as you have already been admitted for permanent residency and that doesn't have any effect any more. I wouldn't worry about this. If you feel you need to take the interview as a confessional you can choose to tell the IO, you might even score points for honesty, but I don't think it will have any adverse effect whatsoever.

My 2 cents.

 

[McMahon]

UsDude, You can have a look at the Adjudicator's Field Manual Chapter 74.2(g) Part 7: Additional Eligibility Factors.

From what I read (and I would encourage you to look at it by yourself so you can form your own opinion) it seems that the question deals with applicants who might circumvent a deportation procedure by applying for Citizenship.

You can also check Chapter 74.2(c) Additional Informatin about you (F)Removal and Return

(F) Removal and Return . On rare occasions you will encounter an applicant who was a resident alien and departed from the United States while under an order of removal (including previously issued orders of exclusion or deportation). That departure terminates the applicant's status as a lawful permanent resident. You will need to determine:

• whether the applicant subsequently re-acquired lawful permanent resident status;

• whether he or she revealed the removal during the immigration or adjustment process;

• whether he or she had permission to reapply. [See section 212 of the Act and chapter 43 of this field manual .]

You should also check the duration of residence after readmission as a permanent resident because only time after that readmission as a permanent resident counts towards naturalization requirements.

This passage in my opinion is important as it instructs the Officers that seeing that the applicant went through Deportation Proceedings in the past do not exclude the applicant from having acquired legal status at a later date and even being eligible for Naturalization.

Please remember also that a visa reject is not deportation from the United States.