Previous US visa denial

[broutilde]

Hello,
Trying to get my application done here.
To the question "Has Jane ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?:" , I don't know what to answer.
3 years ago, I applied for a O1B visa in the US. It was denied. I contacted 2 US immigration lawyers afterwards who insisted on the fact the I wasn't denied the visa but MY SPONSOR was.
With that information in mind, should I answer "no" to the previous question? What would be the consequences if I was answering "yes"?
That's tricky.

 

[clguy]

Hello,
Trying to get my application done here.
To the question "Has Jane ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?:" , I don't know what to answer.
3 years ago, I applied for a O1B visa in the US. It was denied. I contacted 2 US immigration lawyers afterwards who insisted on the fact the I wasn't denied the visa but MY SPONSOR was.
With that information in mind, should I answer "no" to the previous question? What would be the consequences if I was answering "yes"?
That's tricky.

You were denied a visa so your answer should be yes. Then explain the reason it was denied.

 

[broutilde]

You were denied a visa so your answer should be yes. Then explain the reason it was denied.

I'm not the one who was denied the visa; my sponsor was. the whole application is in his name.To the US immigration, it makes a huge difference. I was wondering if it would be the same for CIC. But you're right, just in case I should mention it, as I have nothing to hide.

 

[clguy]

Was it you or your sponsor who was trying to travel to the United States?

 

[broutilde]

Was it you or your sponsor who was trying to travel to the United States?

My sponsor was a US citizen. He applied for this particular visa on my behalf. All the paperwork was in his name, and he's the one who is considered as "denied" even though I was the one supposed to travel/work in the US. On the denial letter, it's clearly specified that he's the one who is denied the visa. Which is weird I know, but it's the way it works apparently. I just checked with my previous immigration lawyer and he confirmed that I wasn't the one denied but my sponsor was.
Anyway...I'll just say yes and explain everything, letting them know that I have all the paperwork if they need to verify. I hope it's not going to have consequences on my application.

 

[PMM]

Hi

My sponsor was a US citizen. He applied for this particular visa on my behalf. All the paperwork was in his name, and he's the one who is considered as "denied" even though I was the one supposed to travel/work in the US. On the denial letter, it's clearly specified that he's the one who is denied the visa. Which is weird I know, but it's the way it works apparently. I just checked with my previous immigration lawyer and he confirmed that I wasn't the one denied but my sponsor was.
Anyway...I'll just say yes and explain everything, letting them know that I have all the paperwork if they need to verify. I hope it's not going to have consequences on my application.

1. His application was refused, you visa was refused, so the answer is yes.

 

[clguy]

My sponsor was a US citizen. He applied for this particular visa on my behalf. All the paperwork was in his name, and he's the one who is considered as "denied" even though I was the one supposed to travel/work in the US. On the denial letter, it's clearly specified that he's the one who is denied the visa. Which is weird I know, but it's the way it works apparently. I just checked with my previous immigration lawyer and he confirmed that I wasn't the one denied but my sponsor was.
Anyway...I'll just say yes and explain everything, letting them know that I have all the paperwork if they need to verify. I hope it's not going to have consequences on my application.

Ok. The petition was not approved. To be denied a visa you would have to show up to the embassy for an interview and was told flat out that you "do not qualify for a visa today".

 

[broutilde]

Ok. The petition was not approved. To be denied a visa you would have to show up to the embassy for an interview and was told flat out that you "do not qualify for a visa today".

Exactly. so back to my first question...should I answer yes or not? What would you do?

 

[DEEPCUR]

Exactly. so back to my first question...should I answer yes or not? What would you do?

You should give 'yes' and explain what you told us in your schedule A

Since you don't know what is the right answer to this question, safest option is give yes, explain the whole thing, and leave things to CIC. It would not affect your PR prospects in anyways. If you give no, and if CIC comes back asking why this was not declared, you'll be running back to the same set of lawyers to bail you out from misrepresentation charge.

 

[broutilde]

You should give 'yes' and explain what you told us in your schedule A

Since you don't know what is the right answer to this question, safest option is give yes, explain the whole thing, and leave things to CIC. It would not affect your PR prospects in anyways. If you give no, and if CIC comes back asking why this was not declared, you'll be running back to the same set of lawyers to bail you out from misrepresentation charge.

That's what I was thinking. Better safe than sorry. Thanks !

 

[clguy]

Exactly. so back to my first question...should I answer yes or not? What would you do?

I would answer no. Denied a visa means that you applied for and showed up to a visa interview and was told "you do not qualify for visa at this time". Say you answered yes, do you know the circumstances under which it was denied? Typically when you are denied an immigration benefit they give you the reason. If for some reason the petition was approved and you were subsequently denied the visa then you would answer yes and give reason why as the consular officer would let you know.

 

[broutilde]

I would answer no. Denied a visa means that you applied for and showed up to a visa interview and was told "you do not qualify for visa at this time". Say you answered yes, do you know the circumstances under which it was denied? Typically when you are denied an immigration benefit they give you the reason. If for some reason the petition was approved and you were subsequently denied the visa then you would answer yes and give reason why as the consular officer would let you know.

I agree, but the canadian immigration officer could think otherwise. My petition was denied, not my visa, and the reason was that I didn't meet the criterions required for that particular O1B. I'm just trying to anticipate the immigration officer's reaction. So ultimately I was planning to say yes and then explain what happened, mentioning "my petition was denied not my visa, but hey, I'm telling just in case, because I'm not hiding anything".

 

[clguy]

I would answer no. Denied a visa means that you applied for and showed up to a visa interview and was told "you do not qualify for visa at this time". Say you answered, do you know the circumstances under which it was denied. Typically when you are denied an immigration benefit they give you the reason.

I agree, but the canadian immigration officer could think otherwise. My petition was denied, not my visa, and the reason was that I didn't meet the criterions required for that particular O1B. I'm just trying to anticipate the immigration officer's reaction. So ultimately I was planning to say yes and then explain what happened, mentioning "my petition was denied not my visa, but hey, I'm telling just in case, because I'm not hiding anything".

Good reasoning. You can't go wrong with that.

 

[sonali.kaushal]

That's what I was thinking. Better safe than sorry. Thanks !

Hi,

I was also denied a US visa. My petition for H1B worker was denied this year . I will explain it in the ITA form. My confusion is that there are 2 questions, one after the another, about visa refusal. For the first question H1B visa falls under 'refused a temporary resident visa' & for the second question, it falls under 'refused a visa'. So will it be a yes for both?