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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.