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I-130 C16 question related to my mother

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  • I-130 C16 question related to my mother

    I am a US citizen and trying to apply green card for my mom.

    My mom used to have a green card and back in 2008. She was traveling back and forth between India and US. On one of her visits to US, the officers found out that she is living majority of the time in india, cancelled the green card and gave her B1 visa. Since then she is on B1. Now we would like to apply GC for her again.

    Now it comes to question C 16 on form I-130: Has your relative ever been under immigration proceedings? Yes or No. If yes, there are four options below: 1) removal 2) exclusion/Deportation 3) rescission 4) judicial proceedings.

    My question is : Does my mom's I-130 application fall under IMMIGRATION PROCEEDING? What's the meaning of immigration proceedings?

    Please help.

  • #2
    You need to understand the definition of "proceeding". I am not sure what it means, but I am guessing - only guessing - that if there was no writing back and forth with the USCIS there was no proceeding. If the whole thing you describe happened ONLY at the point of entry, maybe no proceeding.
    Who cancelled her GC? Who gave her the B visa? Think about that. Then maybe google immigration proceeding.
    I'm not an expert but since there was no reply, just adding my 2 cents worth.

    Comment


    • #3
      Nelly,

      "Proceeding" is being used in the context of "adverse adjudication." Whether his mom had such "adjudication" can only be answered by mom.

      If mom was advised to relinquish her Green Card and apply for a visitor visa, without a formal hearing, she was not subjected to any formal "proceedings."

      --Ray B

      Originally posted by nelly View Post
      You need to understand the definition of "proceeding". I am not sure what it means, but I am guessing - only guessing - that if there was no writing back and forth with the USCIS there was no proceeding. If the whole thing you describe happened ONLY at the point of entry, maybe no proceeding.
      Who cancelled her GC? Who gave her the B visa? Think about that. Then maybe google immigration proceeding.
      I'm not an expert but since there was no reply, just adding my 2 cents worth.

      Comment

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