Lynne Feldman
Immigration AttorneyYou must answer that you have filed for an immigrant petition but have set up for consular processing and will return to your home country for that interview.
I am filing my DS-160 form for my B-1/B-2 visa (renew) and have an approved EB-5 I-526 petition. However, before completed the DS-260S, the EB-5 legislation was pending to be renewed. All EB-5 fillings have been suspended. How do I answer questions about immigration petition filing on the DS-160 form?
You must answer that you have filed for an immigrant petition but have set up for consular processing and will return to your home country for that interview.
If you are the principal applicant, you should answer "Yes" to this question.
You answer "Yes, an immigrant visa was filed on your behalf."
If you have an approved I-526 petition, you need to answer yes on DS-160.
You needed to disclose it factually as to the date and category of approval and also explain why you feel you qualify for a visitor visa. The filing of a petition is an issue but not necessarily a roadblock provided you can show your intent is to make temporary visits and not use the visitor visa as a platform to enter the U.S. permanently.