Why your US Visa will be Denied
If you have applied for a US visa, then you might have received a denial letter. But why is that? Well, it depends on several factors: your nationality, country of residence, the type of visa application, and more.
As a Visa applicant, you expect your visa to be granted. You've prepared for this moment and are ready to move forward with your life. When you receive notification that your visa was denied, it can feel like a slap in the face. You may even feel like giving up on the dream of being able to travel freely with your family or spouse. But don't despair! There are plenty of other options when it comes to getting a U.S. Visa – and I'll tell you every single one!
Why your US Visa will be Denied
The most common reasons for visa denial are:
- Form 1186
- Fraudulent documents and personal history.
- Visa refusal due to criminal activity or national security concerns.
If you have received a letter stating that your application has been denied, you must understand the reason for the denial so that you can submit an appeal request with USCIS. If this happens, several steps must be followed before submitting an appeal:
- Submit Form I-290B (Notice of Action) - This form is used when requesting additional evidence or clarification on someone's case.
- Apply for a new visa approval number - You will need this number if applying for another type of US visa, such as an H1B.
- Mail Form I-290B + supporting documents within 30 days from when USCIS sent notice via email or postcard.
About US Visa Denial
If you've been denied for a US visa, it's important to understand the reasons for your denial and what you can do to get back on track.
Read Also: How to Apply for US Visa Waiver Program
Here are some of the most common reasons why visa applications are denied:
- You don't have enough money in your bank account.
- Your passport has expired or been damaged beyond repair.
- Your previous visas were revoked due to criminal convictions or other violations of law that occurred while they were valid (this includes crimes such as drug trafficking).
Common Reasons for Visa Denials in the United States - Ineligibilities
Section 104(a) of the Immigration and Nationality Act gives consular officers at US embassies and consulates sole authority to approve or deny visa applications. In most cases, each US embassy or consulate around the world shows the applicant the section of law based on which his or her application was denied.
The consular officer frequently advises applicants to apply for a waiver of their ineligibility, if applicable in their case. Ineligibilities (the reasons for visa denials) can be temporary or permanent. Those who are temporarily ineligible can reapply for a visa if they overcome their ineligibility. Those with permanent ineligibility, on the other hand, can only reapply if the Department of Homeland Security authorizes a waiver of that ineligibility.
The most common reasons behind visa application denials are as follows:
- Incomplete Application or Supporting Documentation
- Visa Qualifications and Immigrant Intent
- Public Charge
- Fraud and Misrepresentation
- Unlawful Presence in the United States
What causes us visa denial?
The most common reasons for visa denial are:
Medical reasons. You may be denied if your medical condition is such that you are not physically able to travel. For example, if you have a chronic illness or mental health issue that makes it difficult for you to travel, but doesn't prevent you from making money and living a normal life in the US (or elsewhere), then this will not be considered by USCIS as sufficient grounds for denying your visa application.
Criminal record. A criminal record might include convictions such as drug possession or DWI (driving while intoxicated). If there is any possibility that these crimes could get in the way of getting a US Visa approved based on its merit alone without other factors like age restriction(s) being met/exceptions made available under certain circumstances etc., then it would also be highly unlikely for someone with this type of disqualification from being granted one under any circumstances whatsoever! However, if we take into consideration all variables involved here--including age restrictions etc.--then even though someone had committed minor offenses like driving without insurance coverage when young but was never caught again after becoming legal age afterward...this does not necessarily mean they should automatically be denied entry into America due solely because someone else did something similar earlier too!
Application or supporting documentation that is incomplete
A visa denial under INA section 221(g) indicates that the applicant did not submit a complete application with all required information to the consul or that supporting documentation was missing. This does not mean that your application has been completely rejected because you still have the opportunity to correct your error and provide the embassy with the missing information or supporting documents before a final decision is made on your case.
Read Also: What Caused Chinese To Immigrate To America?
When you are informed that your application is incomplete, you will receive a letter explaining why you were found ineligible and what documents or information are missing. You will have one year to submit them, after which your case will be dismissed, and you will have to apply all over again, including paying a new visa fee.
The embassy or consulate may also decide to process your application further under this section, which means they will conduct additional security checks or investigations, often through another agency. The majority of administrative processing is completed within 60 days of the visa interview. If the case is forwarded to the United States Citizenship and Immigration Services (USCIS) or another agency, the process could take several months.
Conditions for Obtaining a Visa and Evidence of Intent to Immigrate
Under this section of the law governing visas, it is only possible to deny applications for non-immigrant visa categories. The applicant failed to persuade the consular officer that he or she qualifies for the nonimmigrant visa that he or she applied for, and also that the applicant has strong ties with his or her home country and does not intend to immigrate to the United States of America. This is what it means for an application for a visa to be denied under INA section 214(b), and it is one of the reasons why.
When it comes to strong ties, the applicant can best prove that he / she does not intend to stay in the US if he / she:
- has a job
- is married / engaged / in a relationship
- has property (house, land, etc.) in his / her home country
- has children (to whom the applicant is the legal tutor)
- has good relations with family members and friends
The applicant is not permitted to file an appeal regarding this ineligibility. However, because it is not permanent, the applicant may reapply for it if they believe that there have been significant changes in their circumstances since they initially submitted their application. In the event that you need to reapply for your visa, you will be required to pay the visa fee once more, and you will also need to schedule a fresh interview appointment.
Can I get a visa after denial?
There are several ways to overcome a visa denial. The first step is to contact the consulate where your application was denied and explain the situation. They may ask for more information or even ask you to provide proof of why your application was denied, such as letters from people who support your case.
Read Also: What is the Easiest way to Immigrate to the US?
They may also request for additional documents, like tax returns or bank statements (if applicable). This can be expensive because it's difficult for applicants without financial resources or connections in the US government bureaucracy system itself—so it's best if these people don't apply again anymore!
If all else fails and there hasn't been any improvement on their part because they still haven't received anything by mail or phone call yet after multiple attempts at reaching out through emails/phone calls, etcetera then perhaps try another country?
A person may be deemed ineligible for a visa to the United States for a number of different reasons, in addition to those that have already been discussed, which are as follows:
Reasons relating to one's health
People who fall into one of the following categories and have problems related to their health are not eligible to obtain a visa to enter the United States:
- An applicant who, after being examined, is found to have a communicable disease that is significant to the public's health.
- An applicant who has a physical or mental disorder and behavior associated with the disorder that may pose, or has previously posed, a threat to the property, safety, or welfare of himself or herself or others, and which behavior is likely to happen again or to lead to other harmful behavior, is considered to have a high risk of engaging in additional harmful behavior.
- A candidate who, after being evaluated, is found to be a drug abuser or addict.
Motives of a criminal nature and those related
Any non-citizen who has ever been convicted of a crime in their home country, whether it be murder, drug trafficking, human trafficking, genocide, money laundering, or any other crime, is not permitted to enter the United States of America.
Concerns over safety and other relevant factors
Entry into the United States will be denied to any foreign national who, in the opinion of a consular officer or the Attorney General, poses a threat to the country's national security. If the authorities have reason to believe that the applicant is attempting to enter the United States in order to engage in illegal activities such as breaking the law, attempting to control or overthrow the government, or engaging in terrorist activities, they may deny their application.
Read Also: How long does it take to get a Visa to Immigrate to the US?
Ineligible submissions also fall into the following categories:
- Polygamy is practiced by visitors from other countries who come to the United States.
- A guardian who is present with an individual who is not permitted,
- A non-citizen who provides support to kidnappers, including former citizens who renounced their
- citizenship in order to avoid paying taxes.
Reapplying for a Visa to Enter the United States in the Event That It Is Denied
If the ineligibility that was discovered during your initial application was found to be temporary, then you are able to reapply for a visa if you believe that your circumstances have changed since you initially submitted your application. The consular officer will decide whether or not you are qualified to receive the visa based on the information you provide.
If the consular officer reviews your application and determines that everything else is in order and advises you to apply for a visa waiver, then there is a possibility that you will be granted a visa despite the fact that your ineligibility has been deemed permanent.
Denial is always a difficult situation. You may feel like your future is over, but rest assured that there are ways to get your visa approved if you follow the right steps. For example, many people who have been denied can get their application approved through travel agencies or even by calling their consulate directly!
If you’re still having trouble with getting a visa even after following all of these tips, then we recommend finding legal help so that they can help you go through the process properly instead of spending money on lawyers who will not be able to do anything for you at all.