Refusal of Visa

[Aragorn165]

So, this is to do with this question:

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

In 2010, I left India to go study in the United States. My first interview for a student visa, however, I did not get the visa; I did not get a refusal letter. I went for the interview, and the interview officer told me that I was not getting a visa, because I was unable to demonstrate intent to emigrate, and she advised me to schedule a second appointment, which I did. In the second appointment, I was issued a visa without any further questions asked or documentation needed. I did have to pay a second round of application fees for my second interview, however.
No letter of refusal was ever issued, however.


My question is, does this count as a refusal of visa?
EDIT: Okay, I want to be very clear with this, so here is the exact sequence of events:

* Got accepted by a US university
* Receive relevant documents from the university
* Apply for a US visa. Pay fees and schedule appointment.
* Visit the embassy for the interview- visa is not granted. Passport is returned without anything being stamped in it, and I am told to re-apply, since I do not demonstrate intent to immigrate (I just researched this, it is Section 214(b)). I receive no rejection letter.
* Apply for a new interview- involves a new appointment, new round of fees paid, new interview.
* Get there, and after a short interview, I am granted a visa.

Technically, is this a refusal or not?
If it is, I understand that no LoEs are required, but wouldn't a Yes here potentially hurt the application?

 

[CanadaWeCome]

So, this is to do with this question:

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

In 2010, I left India to go study in the United States. My first interview for a student visa, however, I did not get the visa; I ended up having to schedule a second appointment, when I did end up getting a student visa.

My question is, does this count as a refusal of visa?

What do you mean 2nd appointment...I hope that means 1st was refused/cancelled, then you reapplied to schedule a 2nd appointment.

if the above is true then YES there was a refusal.

 

[Han]

So, this is to do with this question:

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

In 2010, I left India to go study in the United States. My first interview for a student visa, however, I did not get the visa; I ended up having to schedule a second appointment, when I did end up getting a student visa.

My question is, does this count as a refusal of visa?

So, your application was refused the first time. So answer yes.

 

[r1ley]

So, this is to do with this question:

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

In 2010, I left India to go study in the United States. My first interview for a student visa, however, I did not get the visa; I ended up having to schedule a second appointment, when I did end up getting a student visa.

My question is, does this count as a refusal of visa?

Why were you not given a visa the first time? Did you get a refusal letter? If there was no refusal letter, you were not rejected.

If you received a refusal letter, say yes and then give the explanation that you have given to us. You can provide this explanation in the LOE section.

A previous visa refusal will not negatively impact your application.

 

[Aragorn165]

So, your application was refused the first time. So answer yes.

What do you mean 2nd appointment...I hope that means 1st was refused/cancelled, then you reapplied to schedule a 2nd appointment.

if the above is true then YES there was a refusal.

The first interview, they did not issue my visa. i had to schedule a second interview, when I did get a visa.

Does this reflect poorly on me at all? What further questions are asked if you answer Yes for this question?

Why were you not given a visa the first time? Did you get a refusal letter? If there was no refusal letter, you were not rejected.

If you received a refusal letter, say yes and then give the explanation that you have given to us. You can provide this explanation in the LOE section.

A previous visa refusal will not negatively impact your application.

I did not get a refusal letter. I went for the interview, and the interview officer told me that I was not getting a visa, because I was unable to demonstrate intent to emigrate, and she advised me to schedule a second appointment, which I did. In the second appointment, I was issued a visa without any further questions asked or documentation needed.
No letter of refusal was ever issued, however.

 

[Asivad Anac]

Answer No. This was not a visa refusal.

 

[Aragorn165]

Answer No. This was not a visa refusal.

Thanks for your response!
I edited the original post just to for clarity, because I was missing some details originally. I just wanted to ensure that the situation is clear, but I did not get a refusal letter. I went for the interview, and the interview officer told me that I was not getting a visa, because I was unable to demonstrate intent to emigrate, and she advised me to schedule a second appointment, which I did. In the second appointment, I was issued a visa without any further questions asked or documentation needed.
No letter of refusal was ever issued, however.

Does this still count as a No?

 

[CanadaWeCome]

The first interview, they did not issue my visa. i had to schedule a second interview, when I did get a visa.

Does this reflect poorly on me at all? What further questions are asked if you answer Yes for this question?

I did not get a refusal letter. I went for the interview, and the interview officer told me that I was not getting a visa, because I was unable to demonstrate intent to emigrate, and she advised me to schedule a second appointment, which I did. In the second appointment, I was issued a visa without any further questions asked or documentation needed.
No letter of refusal was ever issued, however.

So that means it took them two interviews to be satisfied to issue a Visa, and you did not get refusal letter.

In that case the answer is NO.

 

[Asivad Anac]

Thanks for your response!
I edited the original post just to for clarity, because I was missing some details originally. I just wanted to ensure that the situation is clear, but I did not get a refusal letter. I went for the interview, and the interview officer told me that I was not getting a visa, because I was unable to demonstrate intent to emigrate, and she advised me to schedule a second appointment, which I did. In the second appointment, I was issued a visa without any further questions asked or documentation needed.
No letter of refusal was ever issued, however.

Does this still count as a No?

Yes. Still a No.

 

[r1ley]

Thanks for your response!
I edited the original post just to for clarity, because I was missing some details originally. I just wanted to ensure that the situation is clear, but I did not get a refusal letter. I went for the interview, and the interview officer told me that I was not getting a visa, because I was unable to demonstrate intent to emigrate, and she advised me to schedule a second appointment, which I did. In the second appointment, I was issued a visa without any further questions asked or documentation needed.
No letter of refusal was ever issued, however.

Does this still count as a No?

You should answer NO as you were never officially refused. There is no record of a refusal. The VO must have reassessed your evidence and saw that it was good enough.

 

[Aragorn165]

So that means it took them two interviews to be satisfied to issue a Visa, and you did not get refusal letter.

In that case the answer is NO.

Yes. Still a No.

You should answer NO as you were never officially refused. There is no record of a refusal. The VO must have reassessed your evidence and saw that it was good enough.

Thank you everyone! This took a load off of my mind

 

[Han]

Thank you everyone! This took a load off of my mind

Even if you were refused, that wouldn't necessarily mean that your PR application will be rejected.
It depends on the reasons that a visa was refused. Which apparently wasn't in your case.

 

[legalfalcon]

Answer No. This was not a visa refusal.

You cannot answer no. If you apply for a US visa, and if it is denied you will have to answer yes. In a lot of cases a visa is denied and the applicant is asked to reapply. So the applicant files a new application, new fees and get a new appointment.

If you answer "NO" that would amount to misrepresentations. The Title 8, and the Code of Federal Regulations clearly stipulate it. Read the law. You can send a LoE, stating that the visa was granted later, but straight away saying no would be misrepresentation.

 

[CanadaWeCome]

You cannot answer no. If you apply for a US visa, and if it is denied you will have to answer yes. In a lot of cases a visa is denied and the applicant is asked to reapply. So the applicant files a new application, new fees and get a new appointment.

If you answer "NO" that would amount to misrepresentations.

The point here is neither was he issued a denial(written i mean) letter, nor did he apply again to re-pay the visa fee. Hence this is technically not a denial.

So he can answer 'NO'.

 

[Asivad Anac]

You cannot answer no. If you apply for a US visa, and if it is denied you will have to answer yes. In a lot of cases a visa is denied and the applicant is asked to reapply. So the applicant files a new application, new fees and get a new appointment.

If you answer "NO" that would amount to misrepresentations.

Answering Yes to statutory questions would still make no difference to the PR application so definitely not a problem if they do answer Yes.

But this wasn't a refusal per se. No paperwork exists for this 'refusal'. This was a bad interview followed by a good interview and visa grant. This wasn't reapplication either (no new fees etc) or that's how I understood the situation as explained by the OP.