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Johnl09

Previous US Refusal and I-485 Part 8 General Eligibility

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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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I think the correct answers are yes and yes.


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

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