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please help

K

klikya

Registered Users (C)
We are planning to go to our country to get our H1 and H4 stamps at the US consulate. I am a winner of DV2010. For getting the H stamps we need to fill ds 156 form. And in the form there is a question as " Has anyone ever filed an immigration petition on your behalf? " As I send the documents to Kentucky , how should I answer to this question for me and my husband? For me it sounds like an employer's green card application on your behalf or an US citizen relatives green card application on your behalf? And I thought I should answer as ' no" . But I couldn't be sure. Do you think my husband should answer as Yes as I am the petitioner. What do you think? Do you have any opinions?Has anyone ever been in the same situation before?
 
While I do not have any experience of this personally, practically speaking, filling out DS230 is signifying the "intent to immigrate". I have also found online an opinion of 2 attorneys about the DV program in which they state this on page 19:

When requesting benefits on Form DS-156, The Nonimmigrant Visa Application, the form asks: “Has anyone ever filed an immigrant visa petition on your behalf?” The DOS has determined that for lottery applicants, the correct answer to this question is “yes.”

Failure to review the Form DS-156 carefully may have serious consequences for the unwary applicant and the uninformed practitioner. Although the question should not affect H and L applicants due to the doctrine of dual intent, as well as O and E applicants, a perceived desire to reside permanently in the United States may result in the refusal of issuance of the visa for B-1/B-2, H-3 and J-1 applicants.
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If you are applying for H or L visas, these are dual intent visas, so answering Yes to that question on DS-156 is not an automatic grounds for denial. Good luck.
 
Thank you for your reply. I also searched in the internet. And I think I should answer it as "yes" . What I am confused is that i am applying for myself , nobody is applying for me. In the question it is asking for someone else like a US citizen or a permanent resident relative. We spoke with our lawyers assistant and she said we should write no. But we will talk to the lawyer again. And I feel like i should write yes for my husband because i send documents for him to..I sometimes think to ask it to the consulate to do the correct thing or to fill that part at the consulate if it is available. Because i also know that this won't affect our h1 and h4 stamping as these visas are dual intent visas.
 
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