Sayreville, NJ asked in Immigration Law for New Jersey

Q: I130 FORM ask"Was the beneficiary EVER in the immigration proceedings"?

the immigration proceedings: include removal, exclusion/deportation, rescission and other judicial proceedings." Does political asylum belongs to those? should I answer YES or NO?

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2 Lawyer Answers
Min Hwan Ahn
Min Hwan Ahn
  • Immigration Law Lawyer
  • Philadelphia, PA

A: The "immigration proceedings" referred to in the I-130 form typically includes formal legal proceedings initiated by the government to remove a non-citizen from the United States, such as removal proceedings, exclusion proceedings, deportation proceedings, rescission proceedings, and other judicial proceedings.

As for political asylum, it depends on how the asylum claim was pursued and the stage of the proceedings at the time of filing the I-130 form. If the beneficiary was in the process of seeking asylum through formal legal proceedings, such as a hearing before an immigration judge, then the answer to the question should be "YES." However, if the beneficiary was simply in the process of seeking asylum through an application and had not yet had a hearing, the answer to the question may be "NO."

It is important to answer the questions on the I-130 form honestly and accurately, as any false statements could have serious consequences, including denial of the petition or potential immigration fraud charges. If you are unsure about how to answer a question, it may be helpful to consult with an immigration attorney for guidance.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, political asylum proceedings are considered a type of immigration proceedings, so you should answer "YES" to that question on the I-130 form.

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