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DS160 - Have you ever been refused a U.S. Visa?

Denver, CO |

Hi, I came across this question while filling DS160 form. I'm on F1 visa and my employer filed my H-1 B this year which got rejected. So, I'm continuing on my F1 visa. I was wondering if I should answer Yes or No to the above question? I believe visa is something which we should get once we attend Visa embassy consulate interview, correct? In my case it was the petition that was denied but not the Visa (as per my knowledge). Please correct me if I'm wrong and also let me know if should answer yes or no to the above question.

Attorney Answers 3

Posted

You are correct - it was the PETITION that was denied, not the VISA. Therefore, your answer to the question should be NO.

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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Posted

Thanks a lot for your reply. So, just confirming.. I'll be answering NO for that question on DS160 form. Thanks again!

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

The answer is NO.

Asker

Posted

Ok, also there is another question on DS160 which syas: Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services? I should say Yes to this question as my employer filed for H-1 B this year. But my question is should I also explain them in brief that it got dnied and the reason why it got denied? Or should I only answer them that my employer had filed a H-1 B on my behalf? Which way would you suggest me to answer that question? Thanks.

Posted

The correct answer is "no". An EMPLOYER'S petition, as opposed to a visa application are two separate and distinct things.

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.

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Posted

Ok, also there is another question on DS160 which syas: Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services? I should say Yes to this question as my employer filed for H-1 B this year. But my question is should I also explain them in brief that it got dnied and the reason why it got denied? Or should I only answer them that my employer had filed a H-1 B on my behalf? Which way would you suggest me to answer that question? Thanks.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Hello again, Am glad you asked. The question asks about an IMMIGRANT petition. An H-1B is a non-immigrant status! Consequently, the answer to this question is "NO". I hope my answers were helpful.

Posted

I agree with my colleagues.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Asker

Posted

Ok, also there is another question on DS160 which syas: Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services? I should say Yes to this question as my employer filed for H-1 B this year. But my question is should I also explain them in brief that it got dnied and the reason why it got denied? Or should I only answer them that my employer had filed a H-1 B on my behalf? Which way would you suggest me to answer that question? Thanks.

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