U.S. Visa refusal question

[octopaul]

Hello.

I am filling out the DS-260 for my parents.

The question "Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?" is confusing me. My parents legally entered the United States under an H1B visa. Two years later they later applied for permanent residence but were rejected. Does this count as a U.S. visa refusal?

[omshiv]

I believe the answer would be NO...but wait for Senior members say.

[pontevecchio]

Does the DS-160 not have a question about Immigrant intent ?

[octopaul]

Does the DS-160 not have a question about Immigrant intent ?

I am filling out the DS-260.

 

And I do not understand your question. What immigrant intent?

[catx]

I do not understand your question. What immigrant intent?

 

"Immigrant Intent" means does the person intend to become a permanent resident (get a green card), whether or not they have started the process, filed any forms in that regard, etc.  It can simply be their plan (i.e. "intent").

 

Related to this, there is an important legal distinction between an "immigrant" and an "alien".  An "immigrant" is someone who has permanent residency (green card).  Others who are on H visas, L visas, F visas, etc. are "aliens".

[octopaul]

"Immigrant Intent" means does the person intend to become a permanent resident (get a green card), whether or not they have started the process, filed any forms in that regard, etc.  It can simply be their plan (i.e. "intent").

 

Related to this, there is an important legal distinction between an "immigrant" and an "alien".  An "immigrant" is someone who has permanent residency (green card).  Others who are on H visas, L visas, F visas, etc. are "aliens".

 

Oh ok. Let me clear somethings up.

 

I am a US Citizen applying for an immigrant visa for my parents. I have gone through the I-130, it was approved, and now I am on the DS-260 So yes, their current intent is to immigrate. They were previously under an H1B visa and they applied for AOS in the 90s. It was denied. They left the country and now I am petitioning for them while they are outside the country.

 

So my question is, does a denied AOS count as a denied U.S. visa?

[pontevecchio]

There is no connection between their previous history and you filing and getting a GC approved for them. I assume there was no suggestion of anything improper in the denial of their previous AOS. Quoting form numbers without specifying what they are for results in confusion.

[catx]

Oh ok. Let me clear somethings up.

 

I am a US Citizen applying for an immigrant visa for my parents. I have gone through the I-130, it was approved, and now I am on the DS-260 So yes, their current intent is to immigrate. They were previously under an H1B visa and they applied for AOS in the 90s. It was denied. They left the country and now I am petitioning for them while they are outside the country.

 

So my question is, does a denied AOS count as a denied U.S. visa?

 

Yes, i believe so.  The reason is that permanent residency is still a type of visa (with a expiry date), even if it is not commonly thought of as such.  That is why when filing for permanent residency it requires an available visa number (from the quota).  An adjustment of status application for permanent residency is therefore a type of visa application, and its denial would be of a U.S. visa.  Of course, this is an important question to answer correctly on a USCIS form, so checking with an immigration attorney / having them review the form would be advisable.

[JoeF]

Oh ok. Let me clear somethings up.

 

I am a US Citizen applying for an immigrant visa for my parents. I have gone through the I-130, it was approved, and now I am on the DS-260 So yes, their current intent is to immigrate. They were previously under an H1B visa and they applied for AOS in the 90s. It was denied. They left the country and now I am petitioning for them while they are outside the country.

 

So my question is, does a denied AOS count as a denied U.S. visa?

First, somebody doesn't just "apply for AOS."

Was that employment-based or family-based? There would have been an I-140 or I-130. That's an immigrant petition.

So, they have to answer yes to the question "Has an immigrant petition ever been filed for you." That question is on the form.

Second, an I-485 denial should probably be listed as visa denial. catx provided the rationale for that. But you'd have to check with an immigration lawyer.

Third, it is very hard to get a visitor visa for somebody who has shown immigration intent. The officer could think that you may file a family-based petition once they are in the US...

They would have to show really strong ties to their home country.

[cap-gap]

Third, it is very hard to get a visitor visa for somebody who has shown immigration intent. The officer could think that you may file a family-based petition once they are in the US...

They would have to show really strong ties to their home country.

 

All: octopal is asking about DS-260, ofcourse immigration intent is allowed ;)

 

OP, the answer should be yes, as mentioned above, but unless it is for fradulent reasons, there should not be any concern..why was it denied?

[JoeF]

All: octopal is asking about DS-260, ofcourse immigration intent is allowed ;)

Ahh, missed that. I should know that form number, having filled it out myself ;)