DS-260 questions (merged topics)

[Dante2019 9]

I was wondering if anyone has experience or has the correct answer.

 

My wife was denied entry with an ESTA in a US international airport in the pass because of immigration intent. In her passport, it says "Customs and Border Protection Refused in accordance with INA section 217. R38024".

 

Question 1: My wife did receive an ESTA. Silly question, is that considered a U.S. Visa? I answered "no", but I want to double check.

 

Question 2: It then ask "Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?"  I answered yes, but can anyone guide me on how can I explain it to them without issues?

 

 

 

 

 

Mr. @pushbrk I'm apologize for disturbing you, I remembered you helping me with a similar question in the past, but it was for Form I-130. I was wondering if you have any knowledge in this type of scenario on the questions I'm asking above? Thank you.

On 3/7/2020 at 6:01 PM, pushbrk said:

Based on that being her only attempted entry, she's never been in the US.  If later asked if she's been refused entry, the answer is yes.  Refused entry is also not being "in immigration proceedings".  That question is there too.

My old post: 

 

 

 

[Chancy 6,243]

30 minutes ago, Dante2019 said:

Question 1: My wife did receive an ESTA. Silly question, is that considered a U.S. Visa? I answered "no", but I want to double check.

 

Question 2: It then ask "Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?"  I answered yes, but can anyone guide me on how can I explain it to them without issues?

 

1.  ESTA is not a visa.  Select "No".

2.  Select "Yes".  Assuming your wife was given the opportunity to withdraw, explain with something like: Withdrew application for admission at <airport> on <date>.  Passport annotated with "Customs and Border Protection Refused in accordance with INA section 217. R38024".

 

[Dante2019 9]

23 minutes ago, Chancy said:

Select "Yes".  Assuming your wife was given the opportunity to withdraw, explain with something like: Withdrew application for admission at <airport> on <date>.  Passport annotated with "Customs and Border Protection Refused in accordance with INA section 217. R38024".

Thank you for your reply. This is a silly question, but what does "withdrew application" mean?

 

Some more info if it makes a difference or not, but she was interrogated for a couple of hours. She was suppose to see me and be in the US for 80+ days. We were not married back then. Also, she can't use ESTA anymore. 

[Chancy 6,243]

18 minutes ago, Dante2019 said:

what does "withdrew application" mean?

 

At the time your wife was denied entry at a US airport, was she given a form to sign, saying something like, "I request that I be permitted to withdraw my application for admission and return abroad"?  If she was not given the option to withdraw her application for admission, it's possible she was actually deported (ie. expedited removal).  The latter is bad.  It's unlikely in your wife's case, but best to make sure, as expedited removal has more serious consequences.

 

[Dante2019 9]

15 minutes ago, Chancy said:

At the time your wife was denied entry at a US airport, was she given a form to sign, saying something like, "I request that I be permitted to withdraw my application for admission and return abroad"?  If she was not given the option to withdraw her application for admission, it's possible she was actually deported (ie. expedited removal).  The latter is bad.  It's unlikely in your wife's case, but best to make sure, as expedited removal has more serious consequences.

Thank you for your answer. After I arrive home, I will double check what paperwork she got.

[Dante2019 9]

While filing out DS-260. I noticed that it has an expiration date. The expiration date already passed. I paid for DS-260 last week. What should I do?

 

[Lil bear 4,329]

25 minutes ago, Dante2019 said:

While filing out DS-260. I noticed that it has an expiration date. The expiration date already passed. I paid for DS-260 last week. What should I do?

 

The date is an intern govt dating system and  does not mean what you are interpreting it to be. If it is the one which opens from the official USCIS webpage then it is the current version of the  document and the one you use 

[Dante2019 9]

13 minutes ago, Lil bear said:

If it is the one which opens from the official USCIS webpage then it is the current version of the  document and the one you use 

it's from this website https://ceac.state.gov/IV/ 

 

I'm not sure if it opens form the official USCIS webpage. When I look at the URL, it just says ceac.state.gov 

[Dante2019 9]

Hi guys, I'm the US Citizen spouse currently filling out the online ds-260 for my wife and had a couple questions. 

 

1. Should I list my wife's YouTube account name even though she only watches videos?

 

2. For the permanent address. My mom is the only person who lives in the United States. Can I list her address in the Permanent Address section even though she lives in a one bedroom apartment?

 

3. For Family in the children section. My son is already a US Citizen. The question asks "Is this child immigrating to the U.S. with you?" Should I answer "NO"?

 

4. In Work/Education/training. It ask "In which occupation do you intend to work in the U.S.?" Are they picky with this question? I answered education because my wife is a certified Korean teacher.

 

5. In Security and Background. It ask "Do you have documentation to establish that you have received vaccination in accordance with U.S. law?" I read different answers to this question. Is answering "No" with an explanation saying "DOCUMENTATION WILL BE PROVIDED AT MEDICAL EXAMINATION PERFORMED PRIOR TO IMMIGRANT VISA INTERVIEW." correct?

 

Thanks! 

 

 

[Lil bear 4,329]

2 hours ago, Dante2019 said:

it's from this website https://ceac.state.gov/IV/ 

 

I'm not sure if it opens form the official USCIS webpage. When I look at the URL, it just says ceac.state.gov 

That is the correct website and form 

[Crazy Cat 42,308]

1.  Follow the written instructions

2.  Yes.

3.  Answer is "No".

4.  You answered correctly if she intends to be a teacher in the US.

5.  That is acceptable. 

[Ban Hammer 13,552]

related topics merged

please keep questions about the same form to one thread

Edited August 24, 2022 by Ban Hammer