Sorry folks, for the past 2 hours or so, I have been trying to reply
the original thread but it did not allow me to do so. So I just copy
n paste here to follow up.
Thanks to all for your answers and advises.
I have a follow up question. On the same form DS-156, Question no 31
asks:
Have you ever been refused a US Visa? Yes or NO?
A little background as below:
Before I came to the States, I attended high school in Toronto Canada
for a year. In the middle of the school year, I applied for Tourist
visa in Toronto to visit USA during semester break and got rejected .
Few months later I applied for F1 visa and got rejected as well. A
month later, I applied again with more supporting documents and got my
F1 visa and finally landed in US and attended college till graduation.
Now, do I have to include these rejected applications on the Visa
application form? I just checked on my old passport and it only
indicated "Application Received on certain date" and there was no
where to state that my applications were rejected.
Interestingly enough, I was advised to answer NO by a long time "visa-
Guru" in another forum.
I would welcome all suggestions.
paradox3...@yahoo.com View profile
More options Apr 16, 6:14 pm
Newsgroups: alt.visa.us
From: paradox3...@yahoo.com
Date: Wed, 16 Apr 2008 03:14:55 -0700 (PDT)
Local: Wed, Apr 16 2008 6:14 pm
Subject: Form DS-156 Questions
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hi all, I am applying for F1 Visa andI need advise to fill up the
form
for DS-156.
Q 24. At what address will you stay in USA?
I dont even have a place to stay yet. Probably I will stay at
university apartment when I arive there. Any suggestion?
Q 36. Has anyone ever filed an immigrant visa petition on your
behalf?
My former employer did try to file for labor certification when I was
approaching the end 6 years limit when I was under H1 status. It is
to the best of my knowledge that labor certification was never
obtained or approved and as such no ACTUAL paper work was filed to
apply for Immigrant Visa to the INS (now USCIS).
Should I answer Yes or NO for Q 36?
Q 37. Are any of the following persons in the US, or Do they have US
Legal Permanent residence or US Citizenship? Mark Yes or NO and
indicate that person's status in the US (ie, US legal permanent
resident, US citizen, visiting, studying, working, etc).
I do have a child who was born in the States but he is NOT living in
USA.
Do i answer NO and choose Son, and provide US Citizen for that
question?
Appreciate your help and comments/advises!
Thanks
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another Bob View profile
More options Apr 17, 3:25 am
Newsgroups: alt.visa.us
From: another Bob
Date: Wed, 16 Apr 2008 12:25:54 -0700
Local: Thurs, Apr 17 2008 3:25 am
Subject: Re: Form DS-156 Questions
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In article
<225391f0-c824-4f1f-82cc-b653f80d3...@u12g2000prd.googlegroups.com>,
wrote:
I am not a lawyer, but this is how we interpret these questions.
another bob
> hi all, I am applying for F1 Visa andI need advise to fill up the form
> for DS-156.
> Q 24. At what address will you stay in USA?
> I dont even have a place to stay yet. Probably I will stay at
> university apartment when I arive there. Any suggestion?
Put "to be arranged, then put the address of the International
Student
Advisor at the school.
> Q 36. Has anyone ever filed an immigrant visa petition on your behalf?
> My former employer did try to file for labor certification when I was
> approaching the end 6 years limit when I was under H1 status. It is
> to the best of my knowledge that labor certification was never
> obtained or approved and as such no ACTUAL paper work was filed to
> apply for Immigrant Visa to the INS (now USCIS).
> Should I answer Yes or NO for Q 36?
I am not sure when you did that. Currently an approved labor
certification needs to be signed by the employee or employees
representative, so if you didn't sign it, it is unlikely to have been
filed. If the employer didn't file an I-140 with the USCIS, I would
interpret it as No.
> Q 37. Are any of the following persons in the US, or Do they have US
> Legal Permanent residence or US Citizenship? Mark Yes or NO and
> indicate that person's status in the US (ie, US legal permanent
> resident, US citizen, visiting, studying, working, etc).
> I do have a child who was born in the States but he is NOT living in
> USA.
> Do i answer NO and choose Son, and provide US Citizen for that
> question?
The question is specifically for relatives living in the US. If the
child is not there, the answer is no. We belive the reason for this
queston is to determine you intention to stay in the US in violation
of your visa application.
- Hide quoted text -
- Show quoted text -
> Appreciate your help and comments/advises!
> Thanks
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Joe Feise (Immigration) View profile
More options Apr 17, 11:24 am
Newsgroups: alt.visa.us
From: "Joe Feise (Immigration)"
Date: Wed, 16 Apr 2008 20:24:19 -0700
Local: Thurs, Apr 17 2008 11:24 am
Subject: Re: Form DS-156 Questions
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another Bob wrote on 04/16/08 12:25:
- Hide quoted text -
- Show quoted text -
> In article
> <225391f0-c824-4f1f-82cc-b653f80d3...@u12g2000prd.googlegroups.com>,
> wrote:
>> Q 36. Has anyone ever filed an immigrant visa petition on your behalf?
>> My former employer did try to file for labor certification when I was
>> approaching the end 6 years limit when I was under H1 status. It is
>> to the best of my knowledge that labor certification was never
>> obtained or approved and as such no ACTUAL paper work was filed to
>> apply for Immigrant Visa to the INS (now USCIS).
>> Should I answer Yes or NO for Q 36?
> I am not sure when you did that. Currently an approved labor
> certification needs to be signed by the employee or employees
> representative, so if you didn't sign it, it is unlikely to have been
> filed. If the employer didn't file an I-140 with the USCIS, I would
> interpret it as No.
Yup. The I-140 is an immigrant petition (as is the I-130.) An LC is
not an
immigrant petition, so, if no I-140 was filed, the answer should be
no.
>> Q 37. Are any of the following persons in the US, or Do they have US
>> Legal Permanent residence or US Citizenship? Mark Yes or NO and
>> indicate that person's status in the US (ie, US legal permanent
>> resident, US citizen, visiting, studying, working, etc).
>> I do have a child who was born in the States but he is NOT living in
>> USA.
>> Do i answer NO and choose Son, and provide US Citizen for that
>> question?
> The question is specifically for relatives living in the US. If the
> child is not there, the answer is no.
It asks if relatives are in the US or have a PR or US citizenship. The
child has
US citizenship, so the answer should be yes. Attach an explanation
(e.g., child,
born in the US.)
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
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Mr. Travel View profile
More options Apr 17, 2:30 pm
Newsgroups: alt.visa.us
From: "Mr. Travel"
Date: Wed, 16 Apr 2008 23:30:24 -0700
Local: Thurs, Apr 17 2008 2:30 pm
Subject: Re: Form DS-156 Questions
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- Hide quoted text -
- Show quoted text -
another Bob wrote:
>>Q 37. Are any of the following persons in the US, or Do they have US
>>Legal Permanent residence or US Citizenship? Mark Yes or NO and
>>indicate that person's status in the US (ie, US legal permanent
>>resident, US citizen, visiting, studying, working, etc).
>>I do have a child who was born in the States but he is NOT living in
>>USA.
>>Do i answer NO and choose Son, and provide US Citizen for that
>>question?
> The question is specifically for relatives living in the US. If the
> child is not there, the answer is no. We belive the reason for this
> queston is to determine you intention to stay in the US in violation
> of your visa application.
WRONG... The question states if they are in the US OR if they have PR
or
US Citizenship status.
The answer would be yes, as they have US Citizenship.
It doesn't ask if they live in the US AND are a US citizen.
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