The visa process and the waiting can be stressful. Receiving a denial on your visa application can be devastating. The disappointment and frustration of going through the process only to be denied is likely significant and can make it difficult to figure out what to do next. Before exploring your options for how to proceed with trying to enter the U.S. lawfully, take a look at why your visa application may have been denied. It will likely help you decide what next steps to take.
Most Common Reasons Why Visas Are Declined
In Section 214(b) of the Immigration and Nationality Act, it states, “Every Alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, that he is entitled to non-immigrant status.” This statement alone alludes to some of the most common reasons why visas are denied. Denial often results from the failure to apply for the right visa or providing incorrect or insufficient information on the visa application.
If you applied for the wrong visa, then you will be unable to establish that you are entitled to non-immigrant status pursuant to that visa type. This does not necessarily mean that you would not fully meet the requirements of a different visa type. Before you apply for a visa, carefully review the specific qualifications for that particular visa. Be sure that you fulfill all of the required qualifications.
When applying for a visa, complete all forms fully and accurately. Review to make sure you have completed the form and that all information contained therein is accurate. Check to see that you have provided all required supporting documentation and forms. Filing an incomplete or an inaccurate visa application can, at best, lead to a delay of your visa application and, at worst, lead to a denial of your visa application.
Section 221(g) of the Immigration and Nationality Act provides for visa refusal based on Incomplete Application or Supporting Documentation. If your application has been denied pursuant to Section 221(g), you will be sent a notice providing instructions on what is needed to complete your application. You may have the opportunity to remedy the error prior to a final decision being made regarding your application.
You will also want to take care during the interview part of the Visa Application process. Be direct and concise with your answers. Avoid providing more information than is asked by a Consular Officer. Irrelevant details can send your interview down a path it should not nor was it meant to go down. Do not give the interviewer a reason to be suspicious of you. An attitude of respect for the authority for the interviewer can also go a long way to helping you succeed in your Visa Application. Unfortunately, a bad interview is a common reason for a visa being denied. We tell our clients to hone their “elevator Pitch” so they can clearly and concisely explain what you will be doing in the U.S.
Another common reason for a denial of a nonimmigrant visa is failure of the applicant to prove he or she does not have an “immigrant intent”. Under the Immigration and Nationality Act, there is the presumption that a nonimmigrant applicant has an immigrant intent, an intent to remain in the U.S. permanently. Nonimmigrant visa applicants carry the burden of showing that they only intend to temporarily stay in the U.S. This can be difficult, but achievable through a showing of strong ties to your home country. Proof of having family and loved ones back home or owning property in your country of origin can help support an argument that an individual has nonimmigrant intent.
Visa Application Attorneys
If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your