Visa Denial: Reasons, Appeals, and Reapplication | ALG Lawyers

Published: July 19, 2023

Receiving a notice of visa denial can be devastating. Besides incurring financial costs, applicants exert a lot of effort preparing for it. However, a visa refusal does not necessary end your chances of acquiring a visa. Depending on your situation, there could be legal solutions for this matter.

In 2022, USCIS granted 7,308,568 immigrant and non-immigrant visas. These statistics indicate that approval rates are returning to their pre-pandemic levels. Now is the best time for hopeful immigrants to process their applications and live their dream lives in United States. If you are looking for a Los Angeles immigration law firm, ALG Lawyers can help.

Top Reasons for Your Visa Denial

The first thing to prioritize after knowing about your visa rejection is identifying its causes. Determining what triggered the refusal of your visa application will help you settle this matter accordingly.  

Study this list of the most common visa denial reasons:

1. Fraud

All immigrants should be truthful with their visa applications. Lying, even with the smallest details, is tantamount to visa fraud. It is a grave violation of US immigration laws and may result in immediate visa refusal. It is also highly likely that immigrants caught committing visa fraud would be perpetually disqualified from applying. It does not matter even if the applicants were eligible to receive US visa.

2. Incomplete information

One of the most common types of visa refusal is a Section 214(b) denial. Section 214(b) of the Immigration and Nationality Act (INA) notes that applicants should comply with requirements of relevant sections of INA and other relevant immigration laws. Visa applicants should be keen in every step of the visa application process. Missing a box in the form or failing to answer a specific question may prompt immigration agencies to return your application.

3. Incomplete requirements

Aside from incomplete information, some applicants also miss one or two documents that immigration agencies require. If you are required to submit missing documents, your refusal is often because of Section 221(g) of INA. A visa refusal rooted from Section 221(g) has four categories divided according to colored slips: white, pink, yellow, and blue. Each color represents a specific reason for denial.

4. Unlawful presence

Unlawful presence refers to the period an immigrant stays in America even though they are not admitted, paroled, in a “period of stay authorized by the Secretary.” In most scenarios, applicants have legal entry to the country but end up overstaying without renewing their visas. To avoid being unlawfully present in US, some immigrants acquire a stateside waiver. Doing so will give them time to resolve issues relating to their visa application without being deported.

5. Criminal record

An applicant’s criminal history is also possible cause for a visa refusal. In some cases, applicants become permanently disqualified because they did not disclose their previous criminal convictions and arrest records. Immigration agencies are keen when it comes to criminal background. They work with local law enforcement bodies to thoroughly investigate an applicant.

6. Health issues

Applicants who have physical or mental health issues that pose harm to others’ property, safety, or public welfare can be inadmissible for US visa. It is also possible for applicants to be denied when they do not comply with the state’s vaccination requirements. However, applicants may justify not receiving specific vaccinations due to religious or cultural reasons.

7. Questionable sponsors

Having a sponsor does not guarantee approval in visa applications. For example, family-based visa applicants should first establish their ties with the principal sponsor. The applicants’ inability to do so may create doubt in the immigration officer’s mind about the authenticity of their relationship with the sponsors. It is also possible that the issue lies with the sponsor’s eligibility to petition for a non-citizen.

8. Security threat

A consular officer or the Attorney General may deny a visa application if they have a reasonable grounds to believe that the immigrant is engaged in unlawful activities attempting to overthrow of the US government, espionage, or terrorism.

9.  Violation of immigration policies

Any violation of immigration laws, other than the circumstances listed above, can be a ground for visa denial. Applicants should show their willingness to follow American immigration policies if they want to enter and reside in the country.

Can I appeal a visa denial?

The consular section holds discretion whether to approve or deny your application. Once they decide to refuse your petition, your application ceases. After all, you may not appeal a visa refusal. However, a visa denial does not equate to visa ineligibility. You will still remain qualified to apply for a visa despite your failed attempt.

Additionally, if you may not ask for a refund of filing fees after the denial. The filing fees and other payments relating to immigration procedures are non-refundable.

Can I reapply for another visa?

Since immigrants with denied visa applications cannot appeal, the best solution would be to resubmit your application. Simply put, you need to start all over again. Take note of the reasons for the denial and comply with the necessary conditions. If you lack specific documents, ensure that you complete every requirement during your next submission. Do not forget to pay all the filing and processing fees as well.

How soon can I reapply after my US visa denial?

There is no specific timeframe for reapplication. You may submit a new application after resolving the issues causing your visa refusal.

First-Rate Immigration Lawyers to Process Your Visa Denial

Learning the reasons behind visa refusal is a crucial first step. Mastering these conditions may help save your current application or prevent you from committing the same mistakes while applying for the second time. For a more in-depth discussion regarding visa denial, coordinate with immigration attorneys.

Your immigration journey does not have to end with a visa denial. Although there’s work that needs to be done, your burdens can get lighter with the help of experts. ALG Lawyers has immigration lawyers with more than twenty years of experience. Our Los Angeles immigration law firm is committed to provide you with top quality legal services.