QUESTION
Wrong 6C1 bar and questions 31-35 on Part 12 of N-400 application
Asked on Aug 11th, 2016 on Immigration - Virginia
More details to this question:
I am applying for citizenship and have some concerns on how to answer questions 31 through 35 on Part 12 of my N-400 application. About 10 years ago, I was wrongfully refused a H4 visa at a consulate abroad under section 6C1 and got a permanent bar from the US. After review of the case, the consulate overturned the refusal and granted me the visa, with the following note on it "NOT SUBJECT TO 6C1 ENTRY AT ON ". After getting my green card, it is now time to apply for citizenship. Since this refusal was rescinded, what should I answer on questions 31 through 35 on my N-400 application? Since there was no real misrepresentation, would it be ok to answer "No" to all the questions? Or is that refusal considered an "exclusion" that happened at one point, even if it was rescinded, and it needs to be disclosed on the N-400 in questions 33, 34 or 35 ? Thank you!
2 ANSWERS
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If the consulate was wrong and corrected its mistake on its own, it would appear the you are not subject to having made a misrepresentation. The refusal by a US Consulate does not constitute an exclusion. That only happens at a port of entry or in an immigration court. That incident would not have to be disclosed in the N-400 application.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 10th, 2016 at 5:17 PM
You must answer all questions truthfully. Given the finding was rescinded, the answer to questions 31 and 32 appear to be "no". Unless, of course, you did actually do so in which case you should not be filing for naturalization. Questions 33 through 35 have to do with proceedings to remove you from the country. You can answer no if you were never in exclusion, deportation or removal proceedings.
Answered on Aug 11th, 2016 at 2:39 PM