I-130 question 16. help needed

[NikkisPrecious 0]

Question states: Has your relative ever been under immigration proceedings? yes or no, where and when...

Removal

Exclusion/Deportation

Recission

Judicial Proceedings

My question is, does this include the fact i went for a b1/b2 visa last year and was denied..? If so which of the 4 options to check?

Basically i'm confused if "under immigration proceedings" includes my b1/b2 visa denial????

[NikkisPrecious 0]

Also, which of the forms has the part where you state if you had been denied a visa before? Or is that just on the landing card for when you enter the US?? Thanks again

[Robor007 0]

My wife had a C-1/D visa (crewmans working transit visa) during her tenure working in the cruise industry. When her employment terminated last year her visa was canceled by the US Customs & Border Protection people in San Fran. It's not exactly the same situation as you but it's sort of similar (denial vs. cancellation). I was told to answer 'No' to the question about being under immigration proceedings but include an attached amendment explaining it.

Edit: I want to add that my response is just advice so please don't take it as 'the gospel'. We're about 6 weeks into the process and no RFE's so far though.

Edited January 17, 2007 by Robor007

[NikkisPrecious 0]

Thanks, yeah its a difficult one, well as i read it denial is not in the options given, so i will tick no i guess...

[riblet 0]

We checked no for my husband although he was denied entry from Canada. My understanding of that question is that it is relating to actual formal proceedings, rather than a simple denial. A denial doesn't mean that you did anything wrong, just the official didn't feel he/she could allow allow you to enter the U.S. at that time.

There is a question that will be asked later, either on the DS156 or DS230, I can't remember which, that specifically asks whether you've ever been denied.

Good luck!

Thanks, yeah its a difficult one, well as i read it denial is not in the options given, so i will tick no i guess...

[Robor007 0]

Yes, to expand on my response the person assisting me with our petitions said the 'immigration proceedings' question was geared toward someone being deported.

[Yodrak 7]

NikkisPrecious,

It does not.

Yodrak

Question states: Has your relative ever been under immigration proceedings? yes or no, where and when...

.....

My question is, does this include the fact i went for a b1/b2 visa last year and was denied..? .....

Basically i'm confused if "under immigration proceedings" includes my b1/b2 visa denial????