Q: What should be the response to: Was the beneficiary ever in immigration proceeding? on I-130 application for my brother.
I am filing I-130 for my brother. He was denied entry to US after getting B1/B2 visa with his family a month ago at ORD airport and were made returned to their birth country on the same day. Immigration officers at the airport said you do not have enough finance to stay in the US and your returning tickets are longer than you mentioned in the visas applications, you have also filled EDV in the past and so on. So my brother and family were given the option to withdraw their applications or otherwise you guys will be banned to enter US in the future. Eventually, they did not have any better option but to withdraw their application. And their visas were cancelled. So my question is what should I put for the question about immigration proceeding: yes or no. If yes then what type of proceeding it would be? Please help. Thank you
A: Immigration proceedings means that the person received a notice to appear before an Immigration Judge at Immigration Court (or EOIR aka Executive Office for Immigration Review). The denial of your brother's tourist visa does not appear to have placed him in immigration proceedings as he never actually entered the country. Instead, he was simply denied entry into the country based on his tourist visa.
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