Reasons For Visa Denial & How To Re-apply
Having a visa application denied can be devastating. There are a number of reasons why the consulate can decide to reject a visa application, whether the consular office felt there was not enough information required to determine your eligibility, you don’t qualify for the visa category in which you applied, or a past criminal conviction or other circumstance has made you ineligible for a visa.
But, there is hope as long as you find a skilled attorney who will go over your options with you while continuing to fight for your case.
Has your visa application been denied? Don’t panic. Contact Attorney Eric Price. Our goal is to help immigrants obtain legal status in the U.S. and claim their part of the American Dream by offering a unique and well-thought-out immigration relief plan. We do this by providing the best legal strategies, presenting great quality work, and by building a long-lasting relationship with our clients. Contact us today to find out more!
Why Was My Visa Application Denied?
There are a number of reasons a visa application is denied, including:
Incomplete Application Or Supporting Documentation: You may have failed to include pertinent information with your application or further administrative processing is required before your case can proceed.
Visa Qualifications & Immigrant Intent : You did not sufficiently demonstrate to the consular officer that you qualify for a visa, or you did sufficiently demonstrate that you have strong ties to your country that will compel you to return at the end of your temporary stay.
Public Charge Rule: The consular officer thought that you are likely to become a public charge in the United States. A public charge is an immigrant that receives government assistance, like food stamps.
Fraud & Misrepresentation: You willfully misrepresented facts during your visa application process, or you committed fraud. This is a permanent ineligibility.
Unlawful Presence In The United States: You stayed in the U.S. after your authorized stay expired without the proper authorization to extend your stay, or you entered and stayed in the U.S without the required authorization from Customs and Border Patrol.
Applied For The Wrong Visa: You applied for a visa that you are not eligible for.
Being Overly Confident During The Interview: Being too assertive and confident during the visa process will make you come off as arrogant and presumptuous. Don’t present yourself as a “know it all.”
F.A.Qs About Visa Denials
Having a visa denied can seem overwhelming and confusing. Here aer a few of the most commonly asked questions during the visa denial and appeal process.
Can I Re-apply For A Visa?
That depends on what kind of visa you are applying for and why you were denied. For example, if your visa application was denied under section 214(b) of the Immigration and Nationality Act (INA), you will have to show proofs that some major changes have happened since you filed your application that was not approved. These changes must prove the existence of a circumstance that you failed to prove before and for which you were previously denied. In most cases, with the exception of 221 (g) refusals, you can re-apply for a visa as long as you submit a new application and pay a new application fee.
Can I Appeal A Visa Refusal?
Yes, you can appeal a visa refusal. In most cases, you have to file your visa appeal within 30 days of the rejection notice. If your notice comes via snail mail, you have 33 days.
How Long Does A Visa Appeal Take?
The USCIS tried to complete visa appellate reviews within 180 days of receiving the case. However, when the courts get backed up and busy, like in a post-pandemic rush to get things back to normal, it may take longer than 180 days.
How Do I Write A Visa Appeal Letter
In most cases, you will be required to file ann I-290B, the Notice of Appeal of Motion. Naturalization cases use Form N-366, special immigrant workers use Form I-694, and family-based green card applicants can file their appeals with Form I-130.
You should also send along an appeal letter to help plead your case. It’s important that this letter remains firm and professional rather than trying to pull on the consular offer’s heartstrings. You want a convincing letter that states the facts about why your visa deserves to be approved. You should include:
- Your first and last name
- Your passport number
- Your full address
- Your date of birth
- Your place of birth
- Your email address
- Your phone number
- When you filed your application
- When you received your rejection
- Explanation of reasons why your visa was denied as stated in the rejection letter
- An explanation for why you believe these reasons are incorrect — show arguments to support
Can I Get My Money Back?
No. All visa fees are non-refundable.
Can A Friend Or Relative Inquire About My Denied Visa Application?
No. According to the Department of State, visa case records are confidential. This means that visa information will only be shared with applicants, with a few exceptions.
If your visa application has been denied, you should immediately start planning your next steps. Meet with an attorney who can help you gain a better understanding of why you were rejected and how you can successfully appeal your case. An experienced attorney can help you craft a persuasive appeal letter and will use their expert arguing techniques to paint your case in the best possible light. Your future in American is too important to try to attempt this alone.
Contact Attorney Eric Price Today!
J. Eric Price is a former government lawyer who has fought immigration cases on both sides. He represented immigration authorities in thousands of cases and has now done the same for individuals fighting deportation. He knows the strategies and tactics used by the government, and can use that knowledge to protect you from deportation. Contact Attorney Price today for a free consultation. 1-855-662-2772