Effect of rejected I140 petition

[DavehM]

Hi,

My I140 petition was recently rejected in the US. However, I have not filed for adjustment of status (I485). Does this have any effect on my Canadian PR application? Should I answer the question whether my Visa application has been rejected? Since, strictly speaking, I140 is not a visa application.

Regards

 

[DixvilleNotch]

Hi,

My I140 petition was recently rejected in the US. However, I have not filed for adjustment of status (I485). Does this have any effect on my Canadian PR application? Should I answer the question whether my Visa application has been rejected? Since, strictly speaking, I140 is not a visa application.

Regards

Nope, should not have any effect. I140 is an immigration petition and not a visa (a document that offers entry into a country). A denied petition is not the same as a visa denial.

 

[DavehM]

Nope, should not have any effect. I140 is an immigration petition and not a visa (a document that offers entry into a country). A denied petition is not the same as a visa denial.

So I can safely answer the question that whether my Visa application has ever been denied as "No", can't I? Do I need to disclose it in the personal history? This was an NIW petition. I would be very difficult to explain that my petition was denied because the reasons are very weird (not well positioned to advance my field, etc.)

 

[DixvilleNotch]

So I can safely answer the question that whether my Visa application has ever been denied as "No", can't I? Do I need to disclose it in the personal history? This was an NIW petition. I would be very difficult to explain that my petition was denied because the reasons are very weird (not well positioned to advance my field, etc.)

Yeah, the answer is NO. What you file with the USCIS is not a visa application. It's an immigration petition. USCIS does not issue visas.

Visas are issued by the US State Department through local consulates.