I have denied I485 which I am not sure considered as immigration petition . I am now filing for a tourist visa since i am no longer living in the US . I don't know whether to answer Yes or NO . I am afraid this answer will affect my visa application .
The answer to this particular question is a "no", since a Form I-485 Application to Register Permanent Residence is an individual application one files him/herself . What this question is looking for is whether anyone has filed a Form I-130 (family petition) or an I-140 (employment petition) on your behalf.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
What was the I-485 based on? If it was based on a petition filed for you by a family member or by an employer, then you will have to answer Yes. It's possible that it will affect your visa application, but it's better to tell the truth. They will likely be able to find the record of the petition, and the consequences are worse if you don't tell the truth.
The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.
You must respond honestly. Believe me, the lie will catch up with you and bar you from future visits to the US if you don't. If anyone has petitioned you, better to say that and manage the problem. By manage I mean your case for why you want to return to your home country must be that much stronger!
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.