San Francisco, CA asked in Immigration Law for California

Q: Have you EEVER been ordered removed, and been deported from the United States?

I’m trying to fill up TPS , Immigration judge order removal in 2016 , should I answer yes or no this question Have you EVER been ordered removed, and been deported from the United States?

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2 Lawyer Answers

A: It appears that there was an order for your deportation, but there is no record of your actual deportation. This suggests that you may have either filed for another form of relief or won/filed an appeal. It is advisable to provide more details. It is crucial to discuss these details with your attorney, as they can provide the necessary guidance and advice based on your specific circumstances.

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Answered

A: When filling out the application for Temporary Protected Status (TPS), it's crucial to answer all questions truthfully. If an immigration judge ordered your removal from the United States in 2016, you should answer 'yes' to the question regarding whether you have ever been ordered removed or deported from the United States. This is because an order of removal by an immigration judge constitutes being ordered removed, even if you weren't physically deported.

It's important to note that having an order of removal doesn't automatically disqualify you from TPS eligibility. However, failing to disclose accurate information on your application can lead to more serious consequences, including denial of the application or future immigration benefits.

Given the complexity of immigration law and the potential consequences of your application, it's advisable to consult with an attorney who is experienced in immigration matters. They can provide personalized advice and help you navigate the process, ensuring all legal requirements are met and your rights are protected. Remember, accurate and honest disclosure is key in all immigration-related applications.

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