Are I-140 and I-485 considered to be visa applications?

UPDATED: Sep 29, 2022

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Are I-140 and I-485 considered to be visa applications?

About 6 years ago my employer’s I-140 and I-485 AOS petition was denied filed for me. I am now submitting an application form for an Australian visa and I am being asked have you ever been refused a visa? Are an I-140 and I-485 considered to be visa applications which were refused?

Asked on September 24, 2015 under Immigration Law, Colorado


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you would have to indicate that the I-140 was denied that's the immigrant visa petition filed by the employer and the I-485 is the application to adjust status to permanent residence that would have been filed on the basis of the pending I-140 so if one is denied, the other cannot be approved.  You'd have to disclose this.

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