TRV application - Confusion about "Have u been denied a visa before" Question

[sareena999]

I have a multiple entry US B1/B2 visa and in 2009, a H1B petition was filed but was not approved after an RFE was given to the employer. Am not really sure what the RFE was about and what documents were submitted by the employer – just that it was not approved.

As never I attended a visa interview with a visa officer and was then rejected the H1 visa – I never took it to be a visa refusal - as in where the visa office says sorry Mr/Miss X you have not been granted a visa.

Fast forward to now, I am currently in the process of applying for a TRV/tourist visa to Canada. While filling out the IMM5257E form there was a question – "have you ever been refused a visa or permit, denied entry, or been asked to leave Canada or any other country?"

So given the RFE, do I need to answer a yes here or a no? I honestly don’t want to mess this up and create more problems as I have a spouse sponsored PR in the processing. I don’t think I replied a yes to any visa problems in that application too…

Please any help here will be most welcome as I am freaking out and imagining all sorts of problems ahead of me due to which I will never enter Canada or see my spouse :S.

 

[scylla]

Answer "yes" and provide all of the details. This sounds like a refusal to me.

If you answer "no" and CIC does in fact think this is a refusal, there is a good chance they will make a misrepresentation finding and ban you from Canada for five years. And yes - this ban would impact your spousal sponsorship application.

So answering "yes" is your only option.

If you did not answer "yes" to this question in your spousal sponsorship application, then you need to send a corrected form to the visa office handling your application as soon as you possibly can. If you don't, you are once again at risk for a misrepresentation finding and 5 year ban.