What Happens If My Visa Is Denied?

Applying for a visa can be exciting and nerve-racking, and waiting for the verdict can be agonizing. Receiving a rejection can be frustrating and disappointing especially after you spent so much time, effort, and money applying. With help from an immigration attorney in NYC, you can determine why your visa was denied and what next steps you can take to receive a better result.

Why Would My Visa Get Denied?

There are various reasons that a consular officer may deny your application, depending on the type of visa you applied for. Visas are generally rejected if the officer found something in your application or during the interview that made you ineligible for the visa in their eyes. United States authorities will often inform you of the reasons for the denial, but some frequent causes can include the following.

• There was reason to believe that you intended to immigrate permanently to the U.S. past the allowance of your visa. You have to prove to the officer that your stay in the U.S. is only temporary and you fully intend to return to your home country after the visa expires.
• Something in your background is a red flag to the U.S. official and you are found inadmissible. This could come in the form of a criminal record or a history of violating immigration law.
• There were errors in your application such as incomplete answers or misinformation.
• You cannot prove that you have the financial means to support yourself during your time in the United States.

What Should I Do After My Visa Is Denied?

Being denied a visa does not mean you can never receive one. After being found ineligible you can reapply with a new application after a period of inadmissibility. You will be required to pay the application fee again.

If you were denied because of a lack of information or documentation, you may not have to start the application process all over again. Within one year of the denial, you can submit the missing information or documents and have your application reassessed with the new data. If the year time frame expires you will be required to apply and pay the fee again.

What is a Waiver of Ineligibility?

A waiver of ineligibility is an allowance for a visa applicant to reapply for a visa before their period of inadmissibility is up. Waiver acceptances are left to the discretion of the Department of Homeland Security. You may qualify for a waiver if:

• It is allowed for the section of law you are ineligible under
• You are completely qualified for the visa you are applying for other than the specific ineligibility
• The consular officer recommends you
• You are applying for an immigrant visa

The consular officer will inform you if you can apply for a waiver of ineligibility. If you are allowed they will offer information on how and where to apply.