Mm

[Lhaled 0]

Welcome my question is A few years ago my mother won random immigration to the United States and I was affiliated with her, but her visa was refused, and now I am lucky and won the lottery, do I put in the ds-260 form that my visa was denied before?

[Mundo254 49]

Congratulations! Any questions you answer on the form have to be truthful. I don't think your previous refusal of your mother's visa refusal in which you were enjoined has anything to do with your current application. Just curious, why was your mother unsuccessful in her previous DV?

[SusieQQQ 11,586]

In my understanding, your mother’s visa was refused, not yours. You were just a derivative so could not get a visa if she was refused. 

[Mundo254 49]

2 hours ago, SusieQQQ said:

In my understanding, your mother’s visa was refused, not yours. You were just a derivative so could not get a visa if she was refused. 

Not sure thats the case though because after DV results one is supposed to make visa applications for themselves and all derivatives. Its a tricky scenario. I'd advice OP to answer 'yes' to the question and explain further during the interview because i even doubt that would cause an issue regarding his current application. Answering 'no' though may pose an issue.

Edited May 17, 2022 by Mundo254

[SusieQQQ 11,586]

2 hours ago, Mundo254 said:

Not sure thats the case though because after DV results one is supposed to make visa applications for themselves and all derivatives. Its a tricky scenario. I'd advice OP to answer 'yes' to the question and explain further during the interview because i even doubt that would cause an issue regarding his current application. Answering 'no' though may pose an issue.

That’s your interpretation. My interpretation is that the OP was not denied a visa based on his own application. If he had been primary and refused, or if his mom had been accepted but he had been refused, those would indicate there was something wrong with his application, which is what the question is about. A derivative cannot get a visa if the principal is refused, so I personally don’t think his inability to get one on this basis counts as a “denial”. But sure, whatever he’s more comfortable with answering. 

[Mundo254 49]

2 minutes ago, SusieQQQ said:

That’s your interpretation. My interpretation is that the OP was not denied a visa based on his own application. If he had been primary and refused, or if his mom had been accepted but he had been refused, those would indicate there was something wrong with his application, which is what the question is about. A derivative cannot get a visa if the principal is refused, so I personally don’t think his inability to get one on this basis counts as a “denial”. But sure, whatever he’s more comfortable with answering. 

I hear you. Its unclear. Probably will get a better interpretation during the interview.

[Lhaled 0]

12 minutes ago, SusieQQQ said:

That’s your interpretation. My interpretation is that the OP was not denied a visa based on his own application. If he had been primary and refused, or if his mom had been accepted but he had been refused, those would indicate there was something wrong with his application, which is what the question is about. A derivative cannot get a visa if the principal is refused, so I personally don’t think his inability to get one on this basis counts as a “denial”. But sure, whatever he’s more comfortable with answering. 

Yes, my mother was rejected, but I had the same winning procedures, and all my information was taken at the embassy, I just want to make sure of the answer that I will put in order to avoid problems in the future

[jan22 3,056]

19 hours ago, Lhaled said:

Yes, my mother was rejected, but I had the same winning procedures, and all my information was taken at the embassy, I just want to make sure of the answer that I will put in order to avoid problems in the future

If all the forms were completed for you and you went to the visa interview with your mother, you should answer "Yes", as there will be a refusal in your name in the computer system.  You applied for a visa that was not approved.  Every application has to be closed out after the interview; since a visa wasn't issued, it has to have been refused. (See 9 FAM 504.11-2 (A) at https://fam.state.gov/fam/09FAM/09FAM050411.html).

 

It won't be a problem, as it will be clear in the system why it was refused and that it wasn't based on your background/information/qualifications.  As a derivative, it should have been refused under 221g, but that still "counts" as a refusal.   If you say "No" to the question, even though you have a clear explanation as to the logic of why you would say that, the Consular officer might think it might looks like you were trying to hide something and make them question other things you say.

Edited May 18, 2022 by jan22

[Lhaled 0]

2 hours ago, jan22 said:

If all the forms were completed for you and you went to the visa interview with your mother, you should answer "Yes", as there will be a refusal in your name in the computer system.  You applied for a visa that was not approved.  Every application has to be closed out after the interview; since a visa wasn't issued, it has to have been refused. (See 9 FAM 504.11-2 (A) at https://fam.state.gov/fam/09FAM/09FAM050411.html).

 

It won't be a problem, as it will be clear in the system why it was refused and that it wasn't based on your background/information/qualifications.  As a derivative, it should have been refused under 221g, but that still "counts" as a refusal.   If you say "No" to the question, even though you have a clear explanation as to the logic of why you would say that, the Consular officer might think it might looks like you were trying to hide something and make them question other things you say.

Thank you, your answer is clear