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mjohnst

DS-260 "Removed from U.S./Visa cancelled" Question

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Hello Visa Journey!

I have a few questions about the DS-260 (Online Immigrant Visa Application) form that my wife and I are filling out (we've already received acceptance letter from NVC).

There are a few questions we are unsure how to answer (and the online form doesn't seem like it provides a "notes" section to clarify):

Questions:

  1. Have you been ordered removed from the U.S. during the last five years?
  2. Have you ever been issued a U.S. Visa?
  3. Have any of your U.S. visas ever been cancelled or revoked?
  4. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?

The reason we are unsure how to answer these, is because roughly 2 years ago, we were going through the I-130 immigration process a first time.

We failed to receive mail requesting additional evidence within 84 days (super frustrating since we never got the request), and received an I-130 rejection letter with the following text:

... The petitioner has failed to establish eligibility for the benefit sought. Therefore, Form I-130 is considered abandoned and must be denied...

... Denial due to abandonment shall not itself affect the new proceeding but the facts and circumstances surrounding the prior petition shall otherwise be material to the new petition...

and a I-485 rejection letter soon after with:

... The evidence or record shows that, when you filed your application, you were lawfully present in the United States as a nonimmigrant. Your period of admission as a nonimmigrant has expired. You are not authroized to remain in the United States and should make arrangements to depart as soon as possible...

We did not appeal the decision, but instead re-started the I-130 process (suggestion by the lawyer at the time).

My wife immediately (within the week) left the U.S., and has since only visited for < 6 months of the year.

1st question above - do either of these letters count as "ordered removed from the U.S."

I would guess no, because they seem like they're just application denial letters and since her B2 had already expired, she just had to leave for that reason.

2nd and 3rd questions - would the B2 visa she had when we applied for adjustment of status (she's Canadian citizen) count as an issued visa?

Is either letter a revoking of this visa?

4th I'm pretty sure we can answer "no" (she's hasn't been refused entrance to U.S. and we never withdrew our application), but I thought I'd ask that just in-case.

Thanks very much!!

MJ

Edited by mjohnst

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