US Visa Denial – All You Need To know

A US Visa is a document that allows any foreign person entrance into the United States. And anyone who seeks entrance must first obtain a US Visa which is placed on the traveler’s passport, but sometimes some people receive a US visa denial.

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A passport is a document used for traveling that is issued by the travelers country of citizenship.

What Types of Visas Are There?

There are various types of Visa that one can obtain and it is determined by the US immigration law, and also show the purpose of your travel.

There are two main categories of US Visa:

Nonimmigrant visas

The is a type of visa that is used by tourists, business people, or students who wants to stay for a particular duration of time in the United States to fulfill a specific purpose

Immigrant visas

This is a type of visa that is for people who want to reside in the United States permanently.

U.S. law requires visa applicants to go through an interview with a consular officer at a U.S. Embassy or Consulate. After the required information is reviewed, the application is either approved or denied, based on standards established in U.S. law.

With the large majority of visa applications approved, U.S. law gives a standard under which a visa application can be denied. An application can be denied on the basis of if the consular officer does not have enough information required to determine if the applicant is eligible to receive a visa.

If a visa is denied,  in some cases the applicant is being alerted to the section of the law which applies. applicants are told by the consular officer if they may apply for a waiver of their ineligibility.

What does being found ineligible mean?

If a consular officer sees that you are not eligible to get a visa under U.S. law, your visa application will be refused and you would receive a US visa denial, and you will be given a reason for the US visa denial. There are various reasons a visa applicant could be found ineligible for a visa or receive a US visa denial. These reasons for a US visa denial can be called ineligibilities, and are listed in the Immigration and Nationality Act (INA) and other immigration laws.

Some of the ineligibilities can be overcome, either by the visa applicant, or the U.S. petitioner, in some immigrant visa cases.

While other ineligibilities are permanent. This implies that any time you apply for a visa, you will be found ineligible under the same section of the law, except a waiver of that ineligibility is authorized by the Department of Homeland Security.

There are various examples of visa ineligibility, some of the examples of visa ineligibilities are stated below.

The visa applicant:

  • Did not complete the visa application and/or give the required supporting documentation
  • Did not create eligibility for the visa type being applied for or overcome the presumption of being an intending immigrant
  • Convicted of a crime 
  • Convicted of a drug violation
  • Have two or more criminal sentences, for which the total sentence of confinement was 5 years or more
  • Did not give an adequate affidavit of support when one was expected to, therefore denied under public charge
  • Misrepresented a material fact or committed fraud to attempt to receive a visa
  • Previously stayed longer than authorized in the United States

Can I get my money back after my US visa denial?

No. The fee that has been paid is a non-refundable application processing fee.

How does a visa applicant qualify for a visa?

As an applicant, you can qualify for a visa by being eligible under all applicable U.S. laws for the visa type for which you are applying. At the time of your visa interview, the consular officer at the U.S Embassy or Consulate will check if you are qualified for the type of visa for which you are applying.

The only authority to approve or deny (called adjudicate) visa applications, under U.S. immigration law section 104(a) of the Immigration and Nationality Act, is received by consular officers at U.S. Embassies and Consulates.

Can I reapply for a visa?

When found ineligible for a visa, you can reapply in the future. If you reapply for a visa after being found ineligible, you are to submit a new visa application and pay the visa application fee again. If you are still found ineligible under section 214(b) of the INA, you should be able to show evidence of tangible changes in circumstances since your last application. 

Conclusion

Being denied a visa isn’t the end you can always reapply to get your dreams, so long as you meet the Basic criteria for reapplying.

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