DS-156 question

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Ryanlin

Registered Users (C)
I was filling out a non-immigrant visa application form DS-156 for my upcoming vacation. One of the questions was "Has anyone ever filed an immigrant visa petition on your behalf?" I wonder if I should check "yes" or "no."

As you know, I am current in Labor Certificate stage of company sponsored green card process. In addition, I filed a self-sponsored green card petition (in EB1-EA category) and submitted I-140 and I-485 a few months ago. I do not know if the steps I have taken should be called "filing an immigrant visa petition?"

Thanks,
-Brian
 
Originally posted by Ryanlin
I was filling out a non-immigrant visa application form DS-156 for my upcoming vacation. One of the questions was "Has anyone ever filed an immigrant visa petition on your behalf?" I wonder if I should check "yes" or "no."

As you know, I am current in Labor Certificate stage of company sponsored green card process. In addition, I filed a self-sponsored green card petition (in EB1-EA category) and submitted I-140 and I-485 a few months ago. I do not know if the steps I have taken should be called "filing an immigrant visa petition?"

Thanks,
-Brian
Click to expand...

If you have filed an I-140, you have filed an immigrant petition.

Brian
 
Re: Re: DS-156 question

Originally posted by leroythelion
If you have filed an I-140, you have filed an immigrant petition.

Brian
Click to expand...

Does an I-140 actually constitute an application for an immigrant visa??

The question in form DS156 specifically states whether an immigrant visa petition has been filed. I believe an approved I-140 gives you the right to apply for an immigrant visa (i.e. file an immigrant visa petition with NVC).

However, this may just be semantics since filing an I-140 clearly indicates immigrant intent, which is probably the basis of the question.
 
I have always taken the position of Brian that once an I-140 is filed and accepted for processing by BCIS, even if not yet approved, then an immigrant petition has been filed. Zaye, however, added a new dimension, which is worth further clarifications perhaps from an attorney.

Can Jim help?
 
Upon further reflections, the filing of I-485, adjustment of status, is equivalent to filing immigrant visa petition. Thus, the answer should be yes!

However, we still need further clarifications on whether filing I-140 will also imply filing immigrant visa petition.
 
Originally posted by topew
Upon further reflections, the filing of I-485, adjustment of status, is equivalent to filing immigrant visa petition. Thus, the answer should be yes!

However, we still need further clarifications on whether filing I-140 will also imply filing immigrant visa petition.
Click to expand...

There are plenty of examples where people applying to renew a TN or F status (where dual intent is not allowed) checked off yes to I-140 question and then had then petitions denied.


Brian
 
There are plenty of examples where people applying to renew a TN or F status (where dual intent is not allowed) checked off yes to I-140 question and then had then petitions denied.


You meant checked off "NO" to I-140 question and then had the petitions denied.
 
One of the questions was "Has anyone ever filed an immigrant visa petition on your behalf?" I wonder if I should check "yes" or "no."


If I-140 has been filed and accepted for processing by BCIS, and a "no" is checked, would it not suggest that the applicant is not telling the truth?

On the other hand, if filing I-140 is interpreted as filing an immigrant visa petition, it is better to check "yes."

The issuance of non-immigrant visa depends on several factors, particularly on individual circumstances, and not simply on the "dual intent".
 
I seem to vaguely recall something like this:

Inspite of marking 'NO' in DS-156 for the relevent question,
somebody was asked at the interview for H4 at Mumbai Consulate:

"have you taken any steps to file for permanent residency?"

Hence, I would say that mere filing I-140 COULD be construed to be filing for IV.
 
Thanks all of you for the discussion. It's true that this question is kind of ambiguous and may need further clarification from attorneys. Since I am applying for H visa, I took the safe approach to answer "yes" so they cannot say I am trying to hide my intent to immigrate.

-Brian
 
Originally posted by Ryanlin
Thanks all of you for the discussion. It's true that this question is kind of ambiguous and may need further clarification from attorneys. Since I am applying for H visa, I took the safe approach to answer "yes" so they cannot say I am trying to hide my intent to immigrate.

-Brian
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You definitely took the right course of action. Better safe than sorry!
 
Originally posted by Zaye
You definitely took the right course of action. Better safe than sorry!
Click to expand...

There was really no choice *but* to mark off yes. Anything else is trouble. Ryanlin, don't worry about it. My H1B was renewed between my I-140 approvals and my CP interview and my company's attorney marked off "yes".

Brian
 
Back to the original question, since you have filed 485, you would have certainly checked the "yes". I did exactly that when I was applying for H visas for myself and my family (of course, outside US), even though I was at a real loss what should be there. The officer was very nice, accepted and approved my applications. wy
 
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