i-130 RESCISSION?

[Marimar04 22]

I just been denied my returning inmigrant visa SB-1 for nos showing enough evidence that support my overstaying in my Spain with my USC husband and child so I am starting over the process as the embassy official suggested me to do.

I do not know if I should answer YES or No to the question 16: Has your relative been under immigration proceedings? I was always legal in the US and I am not sure if I should answer YES because they denied this visa.

Thanks

[Marimar04 22]

I just been denied my returning inmigrant visa SB-1 for no showing enough evidence that support my overstaying in Spain with my USC husband and child so I lost my permanent resident status and I am starting over the process. That's what the consular off advised me to do.

Now, I'm filling the I-130 form and do not know if I should answer YES or No to the question 16: Has your relative been under immigration proceedings? I was always legal in the US and I am not sure if I should answer YES because they denied this visa.

Thanks

Sorry for editing the post

Edited October 29, 2012 by Marimar04

[Marimar04 22]

I just found this: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12524/0-0-0-12533.html#0-0-0-475

Rescission proceedings serve only the goal of eliminating an improperly granted benefit. It places the alien in the status that he or she would have if adjustment had never been granted. In certain limited circumstances this can result in the alien having some form of lawful immigration status even after rescission. In most instances, however, it will result in the alien having no lawful status and being liable for removal proceedings. A contested rescission proceeding requires a hearing before an immigrati on judge, so, as stated above, most cases subject to possible rescission should be treated with removal proceedings.

And that's not my case.

[velrich 50]

Now, I'm filling the I-130 form and do not know if I should answer YES or No to the question 16: Has your relative been under immigration proceedings? I was always legal in the US and I am not sure if I should answer YES because they denied this visa.

Thanks

Sorry for editing the post

You were not under immigration proceedings. Persons under this are usually people who have overstayed, broken the law and are being deported.

You are okay. Good luck.

[Marimar04 22]

Thank you, I feel better now.