Have you ever been deported?

When the USCIS officer asks whether the applicant has ever been deported, the standard answer for applicants who are eligible for naturalization is "No," because a prior order of deportation, exclusion, or removal would in most cases require a substantial process to overcome before the applicant could even be a permanent resident, much less qualify for naturalization. The N-400 application Part 12 asks about prior immigration enforcement history including deportations, exclusions, removals, voluntary departures, and waivers. The officer asks this question because prior removal proceedings are part of the immigration record and may bear on eligibility.

Specific terms with distinct meanings: Deportation refers to the older legal terminology for removal of a person already admitted to the United States. The Immigration and Nationality Act of 1996 (Illegal Immigration Reform and Immigrant Responsibility Act) merged deportation and exclusion into a single removal process. Exclusion refers to denial of admission at the border or port of entry; this is now part of the inadmissibility analysis. Removal is the current term for the formal legal process by which a non-citizen is required to leave the United States. Voluntary departure is an alternative under which a non-citizen leaves without a formal removal order, typically used to preserve the ability to return legally in the future.

Reinstatement of removal is a process under section 241(a)(5) of the Immigration and Nationality Act that allows the government to enforce a prior removal order against a person who illegally returns. Applicants with prior removal orders generally are barred from re-admission for 5, 10, or 20 years (or permanently for certain offenses), unless they obtain a waiver under section 212(a)(9). Applicants who have been removed and then unlawfully reentered face further inadmissibility under section 212(a)(9)(C).

Applicants who have somehow obtained green card status despite prior removal orders should consult an immigration attorney to confirm eligibility for naturalization, since the interplay of the laws is complex. Applicants who were placed in removal proceedings but where the case was terminated, dismissed, or otherwise resolved without a removal order are not in the same category. They should still disclose the proceedings on the N-400 and explain the resolution. Applicants who took voluntary departure should disclose this and explain. Applicants who were detained by ICE but never received a final removal order should disclose the detention.

Applicants whose family members were deported should not need to mention this in the immigration history section, although the family situation may come up in other contexts. Honest disclosure is essential; USCIS has access to all immigration enforcement records.