AoS Question Part:8

[Chrinikki 5]

Hi,

 

On Form I-485, Page 10, Part 8, Question 15.

 

I'm not sure if the document I received at my interview date is a denial. In the document it states refusal. During my interview the company i did my medical exam did not send the results in time for my interview. All though the interview it self went perfect i was given a document because they had not received the medical file yet from them.

 

So basically what I'm asking is do i need to select yes or no for Page 10, Par t 8, Question 15. "HAVE YOU EVER BEEN DENIED A VISA TO THE UNITED STATES" since i received this letter at my appointment.

 

 

[Crazy Cat 41,884]

Yes, it is a denial for immigration purposes. The letter says it is, technically, a denial.  You were not eligible for the visa since all requirements had not, at the time, been met.   But, obviously, that denial was later changed to an issued visa.  It is not a cause for concern.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html

 

Edited July 10, 2022 by Crazy Cat

[Chrinikki 5]

4 minutes ago, Crazy Cat said:

The letter says it is, technically, a denial.  You were not eligible for the visa since all requirements had not, at the time, been met. 

ok so after selecting yes. i provided in on page 18 (additional information) 

 

Page/Part/Item Number

10     /8    / 15.

1) Section: 221(g)

2: Reason: Medical exam results sent from panel physician.

 

and will also provide a copy of the document.

 

is this enough info for them to not receive an  RFE, regarding this section

Edited July 10, 2022 by Chrinikki

[Crazy Cat 41,884]

Just now, Chrinikki said:

ok so after selecting yes. i provided in on page 18 (additional information) 

1) Section: 221(g)

2: Reason: Medical exam results sent from panel physician.

 

and will also provide a copy of the document.

 

is this enough info for them to not receive an  RFE, regarding this section

Yes.  It should not pose a problem. 

[Chrinikki 5]

Just now, Crazy Cat said:

Yes.  It should not pose a problem. 

ok thanks so much !

[Family 3,988]

You should answer No. Your visa was NOT denied  ( u entered w the visa) and the “ Refusal “ Letter from embassy re medical exam is not a visa denial. 
 

 

[Chrinikki 5]

5 minutes ago, Family said:

You should answer No. Your visa was NOT denied  ( u entered w the visa) and the “ Refusal “ Letter from embassy re medical exam is not a visa denial. 
 

 

were does it state that its not a visa denial? i tried researching this but could not come up with that result.

 

thanks.

[K1visaHopeful 2,816]

Your answer is no. 

A refusal is not a denial unless it remains refused and visa not issued.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/administrative-processing-information.html

[Crazy Cat 41,884]

It is, technically, a denial......but was later changed to an issued visa......thus, it will not pose any problems at all......but it IS a denial...as indicated by the 22g, itself.

IMO, it could be answered either "yes" or "no" with no impact either way. 

Edited July 10, 2022 by Crazy Cat

[Family 3,988]

7 minutes ago, Crazy Cat said:

It is, technically, a denial......but was later changed to an issued visa......thus, it will not pose any problems at all......but it IS a denial...as indicated by the 22g, itself.

My position stands and is based on training/experience/work related…but if it helps one  can think of “ Refusal Worksheet “ as an an RFE without a due date . 

[Family 3,988]

19 minutes ago, Crazy Cat said:

It is, technically, a denial...

And your position would be correct IF OP did not have the visa ultimately approved….thus for his circumstances, NO is appropriate. …where as for those that never overcame the Refusal and Visa never issued, they answer YES.

[Crazy Cat 41,884]

Just now, Family said:

And your position would be correct IF OP did not have the visa ultimately approved….thus for his circumstances, NO is appropriate. …where as for those that never overcame the Refusal and Visa never issued, they answer YES.

I don't see an issue answering either "yes" or "no"......

Crazy Cat is out!!!!  I have better things to do.....