Is this considered as VISA Denial???

[Kirkoven]

Guys & Gals,

I just received ITA in the last draw and I am yet to apply.

The following issue is tormenting me, now, and I would really like your help on it.

I was going through this thread about reasons for rejections when I read this case for refusal due to misrepresentation regarding VISA denials.

I am from Lebanon and I have been a resident in the United Arab Emirates for the past 10 years. I have previously obtained Schengen VISA (twice), UK VISA, India Visa, Turkey VISA (twice), Kazakhstan VISA (Twice), Mauritania VISA, Saudia Arabia VISA (4 times) without any problems.
My issue is with the US VISA and is the following:

I applied for US VISA (Business Category) and had the interview in Dubai Consulate in January 2012.
During the visa interview, I was given a yellow sheet with a visa case number written at the top of the paper and I was supposed to check the status of my visa application on their website.
After few weeks, I got the following message when checking the status of the VISA application:

“The administrative processing on your application is complete. Please submit your passport with the yellow sheet you were provided to the U.S. Consulate on any working day between 7:30am – 3:00pm.
The processing will expire in four months from the date below, however, please submit your passport as soon as possible to avoid any further delays.
Please check our website for UAE and U.S. holidays and other closures.”

This was supposed to be approval.

I handed my passport and the Yellow paper to my Company’s administration personnel and they submitted the same to the US Consulate in Dubai.
My passport was returned, however, a week later without any VISA stamped.

I sent an email to DubaiVisa@state.gov about this case and their reply, after a couple of weeks, was the following:

“We confirm that your case is currently undergoing administrative processing.
We are unable to predict the time required to complete this process. We are unable to expedite the clearance process.
Please continue to monitor the visa web status page with your 11 digit case number for any updates, further information requests or clearances.
Once the administrative processing is complete, the case number will appear on our website. This is where you check for status updates regarding your visa case.
Please do not schedule travel plans until you have your visa in hand.
We hope this information is helpful. Our website is http://dubai.usconsulate.gov
We will update our website and remove your case number.”

A few days later the status of my application changed to the following:

“Your case is currently undergoing processing. If we need more information and when you're processing is complete this website will be updated. Please continue to check this website for updates on the status of your case.”

I kept checking the status for another couple of months and then I lost interest as the purpose of my visit had already expired.

I checked again today (after four years) and it is still showing the same status!

Now, is this considered a VISA denial or no?
How should I respond to the following questions in my e-APR?

Has XXX you been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?

Has XXX ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

Please help.

 

[Asivad Anac]

Answer Yes to both those questions.

 

[Kirkoven]

Thank You Asivad Anac.

Hopefully, it is not going to be a very bumpy road ahead...

 

[Kirkoven]

Asivad Anac, Where should I mention the details of this case?

In the Letter of Explanation?

 

[Asivad Anac]

CIC doesn't ask for any explanations upfront and there is nothing to be explained here. As this was a US visa refusal, they would get details directly from those authorities. If you still want to explain anything, use the LOE section.

 

[Kirkoven]

Thanks Asivad Anac.

I am getting paranoid a little about this but how will they no it is a US VISA issue if I don't provide any explanation

 

[nope]

Thanks Asivad Anac.

I am getting paranoid a little about this but how will they no it is a US VISA issue if I don't provide any explanation

Because they share data with the United States, which includes your name.

Of all the things to worry about, this is the least consequential. CIC doesn't care about actual immigration violations from other countries, generally -- why would they care about a visa denial? You don't control that. Nowhere in the application process does it say "Applicants must demonstrate the clear character and history that are associated with never being denied entry to another country." People take denials personally, particularly in the developing world, where visas are hard to get -- then they talk themselves out of checking 'YES' for it, because it makes their application look flawed; then they get denied for misrepresentation and banned.

Your explanation should be your actions and the result, and nothing else -- narrative, not justification.

 

[Kirkoven]

Thank You nope.

You have actually strike the heart of the issue, here. And You are absolutely right.

 

[Asivad Anac]

Because they share data with the United States, which includes your name.

Of all the things to worry about, this is the least consequential. CIC doesn't care about actual immigration violations from other countries, generally -- why would they care about a visa denial? You don't control that. Nowhere in the application process does it say "Applicants must demonstrate the clear character and history that are associated with never being denied entry to another country." People take denials personally, particularly in the developing world, where visas are hard to get -- then they talk themselves out of checking 'YES' for it, because it makes their application look flawed; then they get denied for misrepresentation and banned.

Your explanation should be your actions and the result, and nothing else -- narrative, not justification.

Well said! +1 to you.

 

[nope]

Thank You nope.

You have actually strike the heart of the issue, here. And You are absolutely right.

I sympathize with this feeling -- I'm American, but have been denied a visa-on-arrival from Belgium, and my wife was denied an American tourist visa once. It makes you feel lousy and dirty, having to explain it on your CIC application; but you should think of it like an immunization, instead. Putting it down makes you resistant to being refused for some dumb thing in your past.

 

[Kirkoven]

Putting it down makes you resistant to being refused for some dumb thing in your past.

I will do that for sure.

Thank you guys for your great advice.

 

[The Mancunian]

Hi Kirkoven,

Thanks for bringing this topic up. I had a similar situation in Mumbai US Consulate 5 years back.
I had received the 221g yellow refusal notice of application requiring further administrative processing.
They also told me to check the application status online. I called the US Consulate and USCIS many times
but I always got an answer that my case is under process and I will be notified when the processing is finished.

Ultimately my employer had to let me go and cancel my H1B visa. I had received the I-797 H1B visa approval
earlier.

I am going to say yes to the above questions and attach the I-797 approval notice along with the Yellow 221g notice.

After that I have traveled around with work visas in Singapore, Europe and visitor visas in Australia and almost whole of south east Asia.
I received ITA in the last draw on 13th Jan.

 

[Kirkoven]

Hi The Mancunian,

Very similar case indeed and we both got ITA in same draw.

Yes, it would be better to be on the safe side and declare everything, now.

 

[taral80]

@ kirkoven
Later cic will ask for submission for schedule A form in which you will have to mention the details about your visa refusals. Schedule A form submission request come to those applicants who tick 'yes' for any visa refusal question in Mycic application.
Saying 'yes' doesn't mean refusal. I was denied visiting visa for USA. I did mention this refusal along with my previous other immigration refusals in my current EE application for PR

 

[Ak chd]

I don't think so you need to say yes to both of the questions because they have not refused your visa it is still under processing.