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Impact of previously withdrawn 'Petition for Alien Relative' on current E3 visa?

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  • Impact of previously withdrawn 'Petition for Alien Relative' on current E3 visa?

    Hi people,

    Any tips/guidelines/help on this matter will be greatly appreciated.

    A sibling, who's a US citizen, more than 10 years ago filed a "Petition for Alien Relative", which is a permanent migrant (green card) application, on my behalf which we then withdrew a year later due to study and other commitments in Australia.

    I'm now going through E3 visa application and about to file DS-160 to schedule an appointment with US consulate. In the DS-160 form, there's a question about previous applications: "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?"

    I wonder what kind of impact will this have on my current application?

    Do you think this will cause my application to be put through 'administrative processing"?


  • #2
    E-3 visa issuance requires an applicant to overcome the presumption of immigrant intent

    That said, I don't expect your previous immigration petition to adversely impact this determination if the consular officer has the information you stated in your post. The petition was withdrawn. Not recently, but 10 years ago! If you had any interest in immigrating to the United States you would have kept the petition going, and three years from now you'd be in the United States living as a permanent resident

    Not all consular officers exercise good judgement, but a CO that does would quickly conclude that you do not have immigrant intent because of your siblings prior immigrant petition. However, you may not be able to overcome the presumption of immigrant intent for entirely different reasons. Best of luck


    • #3
      Makes sense. Thanks for the reply!