Please HELP!!! US PR denied but applied for Motion to Reopen and currently its in process

[vidhi123]

Hello all,

I recently received ITA and while trying to fill application details in one of the section it says have you been
refused an immigrant, permanent resident visa, visitor visa, temporary visa in Canada or any other country. Yes or NO

Here is my situation. - I have been living in USA for past 14 years. I was on H1B and then I applied for i485 and currently my status is EAD (i485 pending). Last year I received a letter from USCIS that they denied my i485. IT was due to some error on USCIS part and my lawyer applied for Motion to reopen which got approved. So now my USCIS case status states that the file was reopened and its currently under review. I have my EAD valid till December of 2018 for which I have already applied for extension.

Question : What should I select for the question on CIC PR application whether my permanent resident visa was denied or not. Should I select NO? or should I select YES and add details in LOE

Please help and give me advise what needs to be done

 

[EE456]

You should select yes because you have been refused and in LOE you explain that the decision was quashed and the case reopened.

 

[vidhi123]

Thank you for the prompt reply. So basically I should explain the details in LOE and also attach any correspondence from USCIS in my LOE.

Do you think this is sufficient or will they deny my application?

 

[EE456]

They could deny your application if you don't mention the refusal which you are going to. No need for correspondence from USCIS but no harm in adding it. Answer Yes and explain that the refusal had been quashed. All will be good.

 

[vidhi123]

Ok. Thanks for the reply. appreciate your input. Hopefully, everything will be alright.

 

[EE456]

Ok. Thanks for the reply. appreciate your input. Hopefully, everything will be alright.

No problem, you're welcome.