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Johnl09

Previous US Refusal and I-485 Part 8 General Eligibility

By Johnl09 in Adjustment of Status Case Filing and Progress Reports

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Johnl09 Newbie

Johnl09   0

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Hi all,

 

I am in the process of AOSing by filing my I-130 and I-485 (through marriage with a USC). I have a general question about Part 8.

 

A couple of years ago while I was applying for a TN Visa at the POE, I was rejected and sent back into Canada with this "Notice of Refusal". I was never told the reason for refusal, the guy basically just said to rewrite my TN visa petition letter (since I applied under the wrong category) and try later (which I did and was granted a TN visa and admissions into the US a couple of days later). Nevertheless, I was finger printed and took a photo with CBP before being sent back into Candace with this form (see the picture). 

 

On the I-485, do I have to check off 14 and 15 (see picture ) and explain my reason? I am unclear about "Refused" vs "Denied" since legally they aren't the same word and also since the "TN Visa" is not a visa per say but a status. I am tempted to check off yes to both but I wanted to know if anyone else has run into this situation before. I am currently also having my lawyer look into this. 

 

Thanks! 

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Crazy Cat Grand Master

Crazy Cat   41,885

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Filed: Citizen (apr) Country: Taiwan
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I think the correct answers are yes and yes.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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