Tips when filing the DS 160 form regarding Misrepresentation finding (the Electronic System for Travel Authorization (ESTA) form)

You should  pick the choice “Yes” on visa application if you were subject to INA 221g

The Department of States treats the suspension for administrative processing (INA 221g) as a refusal, United States Customs and Border Protection (CBP) requires that such refusals be reported on the ESTA application.  The Custom Border Patrol (CBP), will request that you pick “Yes” on the question whether a visa has been refused.

Therefore, when filing the ESTA form, you should report visa “refusals” as “denials” when refusals are for § 221(g) administrative processing or for selecting the incorrect visa category on Form DS-160.

Failure to pick a “Yes” can make the applicant inadmissible under INA § 212(a)(6)(C)(i) – misrepresentation finding.

Responding to Question F: “Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?”

• If a person’s non-immigrant visa application has been referred for “Administrative Processing” by a consular officer and is still in that status, the visa applicant should answer “Yes” to the above question on ESTA and explain.
•  If, at the request of a consular officer, a visa applicant has completed a new Form DS-160 to correct the visa category stated on a submitted Form DS-160, that person should answer “Yes” to the above question on ESTA and explain.
•  If a person has ever applied for a U.S. visa and has not or did not receive the visa for any reason, the traveler should answer “Yes” to the above question on ESTA and explain.