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Understanding Available Options After A US Visa Denial

Understanding Available Options After A US Visa Denial

A US visa will open up a world of possibilities for you, whether you wish to travel to New York City or study at America’s top universities. However, there are many challenges and obstacles to obtaining a US visa, including getting a US visa denial. If you have ever been denied a US visa, you know what it is like.

US immigration agencies occasionally make mistakes. They handle hundreds of thousands of visa applications each year, and sometimes, they miss or misunderstand something in the applications. If your application isn’t complete and you need to amend or add details, that can explain why you were denied a US visa.

If you miss a required document or the government makes an error, you can likely resolve the issue independently. However, if a US visa denial is caused by a more complex problem, hiring an immigration lawyer can change the game and help you win your right to live and work in the United States.

A US visa denial can be confusing and frustrating, especially if your application is well-structured and persuasive, you have satisfactorily answered all interview questions, and the consular officer doesn’t or isn’t able to explain why your visa has been denied and what your options are if you want to fight it.

The consular officer has almost complete authority to issue or deny a visa. You have no legal right to file an appeal, and immigration lawyers aren’t even allowed to attend a consular visa interview. If your visa is denied, there are several things you can do.

This post explains how to overcome a US visa denial. Read on to find out why you might have received one and what alternatives and solutions you can take.

US visa interview and denial

In accordance with US laws, visa applicants must undergo an interview with a consular official at a US embassy or consulate. The interview involves an in-depth review of the applicant’s information according to strict criteria set by US law. These criteria are critical in whether an application is granted or denied.

While most visa applications are granted, it is important to note that certain criteria set out in US law can result in an application being denied. These criteria are designed to protect the US immigration system. The overall US visa refusal rate can differ significantly depending on the visa type and the applicant’s country of origin.

US visa denial at the embassy

If your non-immigrant visa is denied, you do not have the right to file an appeal with the US embassy in your home country. However, you can ask the consulate why the visa was denied. This will likely provide you with the necessary information to file a new visa application that will be accepted.

Your consular officer will inform you if your immigrant visa application is rejected. A US visa denial is usually due to insufficient evidence to support your immigrant visa claim. You can supplement your application documentation within one year after the denial.

Your immigrant visa claim will be approved if the additional documentation meets the consulate officer’s requirements. Otherwise, it will be closed, and you will have to restart the application process. You cannot appeal a denial or closure. Please remember that a delay does not necessarily mean you will get a US visa denial.

Administrative processing delays can be very long, but you can’t do many things to expedite the process. But you can apply for premium processing at an extra cost. After a US visa denial, the consulate may ask USCIS to withdraw the petition that served as the basis for your application.

If this is the case, you will need to provide additional evidence to convince USCIS not to withdraw your petition. If you can persuade USCIS to send your petition back to your consulate, you may be able to get another interview. However, this process can take a long time.

In the most extreme cases, you may want to contact your US sponsor to see if you can request a hearing with your congressperson.

Common reasons for a US visa denial

When you submit your visa application for review, and the consular officer determines that you are ineligible for a visa under US law, your application will be denied. You will often be given a full explanation of why your visa application was denied.

There are situations where you may be eligible for a visa, either as an applicant for a non-immigrant visa or as an applicant for an immigrant visa. However, there are also situations where you will be ineligible for a visa every time you apply for a visa under the same section of the law.

Some reasons for a US visa denial are permanent. This means that you will not be eligible for a new visa application unless DHS grants you a waiver. US Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) approve and deny visa applications based on the provisions of section 104a INA.

The US visa denial is based on the following reasons:

  1. Incomplete applications;
  2. Disobedience of rules;
  3. Lack of specific travel purpose;
  4. Issues with passports;
  5. If you do not provide missing documentation;
  6. If you submit false documents.

In these situations, your case will be rejected, but you may be able to reapply. You will also be denied if your passport has expired or is almost expired. You must provide evidence of your travel intention before your visa application can be approved. Other reasons why a visa may be denied include:

  1. Financial instability;
  2. Applying at an inappropriate time;
  3. Having a criminal record;
  4. Failing the visa interview.

Your visa might be denied if you don’t have enough money to travel to the US. There are limits for each country, so you may not be able to travel to the US. Your chances of being denied may be higher if you apply at an inappropriate time, have a criminal record, or fail the visa interview.

Planning ahead, and apply at least 45 days in advance. Don’t engage in any criminal activity. Be honest and open about your visa interview.

Options after a US visa denial

1. Try to get a waiver.

The INA allows an applicant denied a US visa on the grounds of “ineligibility” to apply for a waiver. If a waiver is granted, an applicant may be eligible to apply for a US visa. The DHS will determine whether to grant a waiver for each visa applicant. Once an applicant is denied a visa, they are notified of the waiver to which they may be entitled.

Once they are informed that they can apply for a waiver, their consular officer will provide instructions on how to do so. Applicants must meet certain criteria to be eligible for a waiver. Talk to an immigration lawyer to find out more about the criteria.

2. Ask for a review.

One of immigrant visa applicants‘ biggest misconceptions is that they are “not allowed” to challenge a consulate’s US visa denial. In fact, every immigrant visa applicant has the right to file a request for a review. This is not an appeal but allows the immigrant visa applicant to present new evidence/arguments to dispute a US visa denial.

The consulate is required to review your request. If you or your immigration lawyer perceive that the consulate made an error, you have to show that the error was material and demonstrate how the error affected the consulate’s decision to reject your visa application.

This is a good option, especially if you have been erroneously banned permanently from entering the US. You can also request a supervisory review or an advisory opinion from the visa office.

3. File a new application.

If your visa application is denied, the first step is to review the section of the INA that you were considered ineligible for. There is no formal visa appeal process. However, you can file a visa application if new information could have impacted the visa decision.

You can also explore this option if your situation has changed significantly since your last visa application. Another side to this option is applying for a different visa type. If you decide to file a new visa application (except for 221(g) rejections due to missing applications or supporting documents), you will have to pay the visa application fee again. This means starting from scratch.

If you have been denied a US visa based on section 214 (b) INA denials, you will need to submit proof that your case has improved significantly since your earlier application. This will help clear up doubts about why your initial application was denied. Section 214 (b) is grounds for denying a visa on the grounds of visa eligibility and immigrant intent.

To apply again, you must fill out a new application form, pay the application fee again, and reschedule your interview.

Takeaway tips

The fee associated with a US visa application is not refundable, regardless of whether your visa application is approved or rejected. If your visa application is rejected, you have the right to file a new one; however, you will have to pay the fee again.

Do you know why your visa application was rejected in the first place? Take the time to review the reasons why you were rejected and be proactive in preparing your new application. Ensure you include all the documents and information you need to improve your chances of being approved for your new visa application.

Get help!

Are you facing any immigration issues? Do you want a hassle-free immigration case? If yes, then you should get the help of a skilled immigration lawyer. At Gehi and Associates, we have a team of experienced immigration lawyers who can help you get your visa application approved faster and with a higher chance of success.

Our immigration lawyers can accompany you when you meet with immigration officials or judges. We will thoroughly review your paperwork to ensure no mistakes or omissions can be considered fraudulent. Contact us today!

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