Non-Immigrant Visas

What Happens When a Visa Application is Denied? 

Unfortunately, some applicants do not meet the qualifications for a U.S. visa and therefore their applications cannot be approved. Every applicant whose visa application is denied receives an explanation of the legal basis for the refusal, both orally and in writing. Administratively, every denied application is reviewed by a supervisory consular officer within two working-days of the interview.

Refusals under Section 221(g) of the Immigration and Nationality Act (INA)

Applications are often denied under this section of law because they are incomplete, lack supporting documentation, or require special administrative processing.  In many ways, these applications are considered to be “pending” rather than denied.  Once the necessary documentation is obtained or the administrative processing is complete, the application can be processed to conclusion.  No new Visa Application Fee is required within one year of the initial application.

Refusals under Section 214(b) of the Immigration and Nationality Act (INA)

Applications are usually denied under this section because the applicant failed to overcome the law’s presumption of intended immigration.   An applicant refused under this section may subsequently reapply for a visa using the normal procedures, but should be prepared to present new or additional evidence of his/her strong ties to his/her home abroad.  For additional information, click here.

Refusals under other sections of law, especially subsections of §212(a) INA, often relate to ineligibilities or excludabilities that are more difficult to overcome.  For further information, click here.