Visa Denials: What You Need to Know If Your Visa Is Denied

Visa Denials: What You Need to Know If Your Visa Is Denied

When you apply for a visa to gain entry into the United States, you’re probably not focused on what you’ll do if your visa is denied. However, it’s important to understand that visa denials do occur.

If your application isn’t approved, the decision can come as a bit of a surprise. Additionally, it may leave you wondering if there is anything you can do about the situation.

While your options may be a bit limited, you may have some recourse. If you’re dealing with a visa denial and want to understand your options, here’s what you need to know.

Can You Appeal a Visa Denial?

There isn’t an appeal process for visa denials. However, that doesn’t mean there isn’t any recourse.

Precisely what you’ll need to do varies depending on the reason for the denial. In some cases, the steps you’ll need to take are pretty straightforward. In others, they are a bit more complex.

What’s important to keep in mind is that you may still have access to a path that leads to a visa. While there are some exceptions, many people who are initially denied are able to resolve the issue and secure a visa.

What to Do If Your Visa Is Denied

If your request for a visa is denied, there are actions you can take to attempt to remedy the situation. Here is a step-by-step guide on what to do if your visa request is denied.

1. Review the Decision

If you are denied a visa, you’ll usually receive a written notification that outlines the reason that decision was made. This includes the exact law that applies to the denial, giving you clear insights into why the officer didn’t approve the application.

Review the document to identify the law section that resulted in your denial. That way, you can use that information to determine next steps.

2. See If a Waiver of Ineligibility Is an Option

In some cases, applicants who are denied a visa are eligible for a waiver of ineligibility. Whether such a waiver is an option depends on several factors, including the type of visa you applied for and the reason for your denial.

The provisions for the waiver are outlined in the Immigration and Nationality Act (INA). If you may be eligible for a waiver, your decision letter will let you know that you can apply for one if you choose and will provide you with clear instructions.

However, the waivers are discretionary. As a result, eligibility to apply for one does not guarantee approval.

3. Determine Your Options

As mentioned above, the reason for your denial determines what options may be available. As a result, you’ll need to explore the process that relates to the law section cited in your letter.

Here is a quick overview of the various sections, as well as how you may be able to proceed.

INA Section 221(g)

A denial under INA section 221(g) means that your application was deemed incomplete. This usually means that information the officer needed to make a determination was missing or that what was provided was considered insufficient, resulting in a visa denial.

If the officer needs additional documentation, they will let you know what you have to provide. Additionally, your letter will usually outline any steps you can take to remedy the situation.

In most cases, you have one year to supply the information. If that occurs, your visa request is reprocessed. If you don’t provide the requested documentation within one year, you’ll have to reapply for a visa, essentially starting from the beginning.

INA Section 214(b)

Denials under INA section 214(b) only occur for nonimmigrant visas. With this denial, the applicant either didn’t provide sufficient evidence that they are eligible for the requested visa or didn’t show that they have strong ties that would compel them to return to their home country.

In most cases, strong ties include:

• Employment
• Housing
• Relationships with Family and Friends

Once a denial is issued under this section, the original application is not eligible for further review. However, you aren’t barred from reapplying. Use the information you received to determine what you need to do to be eligible moving forward. Then, use that to increase your odds of securing a visa with your next application.

INA Section 212(a)(4)

Visa denials under INA section 212(a)(4) occur when the officer believes the applicant is at risk of becoming a “public charge” after arriving in the United States. Essentially, there are concerns that the person wouldn’t be able to support themselves financially upon arrival and would have to rely on government-provided assistance to survive.

It is possible to overcome this kind of visa denial. Usually, one of two approaches is viable. One, you could demonstrate personal financial means. This can include proof that you have a significant amount of private funds or a job offer from a company in the United States.

Two, you could secure sponsorship from a resident of the U.S. With that, another person would assert that they are willing to provide you with financial support and would have to show they have the means to do so.

INA Section 212(a)(6)(C)(i)

A visa denial under INA section 212(a)(6)(C)(i) involves willful misrepresentation of a material fact or an act of fraud relating to the visa request. Essentially, it’s used when the information provided is known to be false, but the applicant presented it as truth.

A detail only qualifies as a material fact under certain circumstances. Typically, if the truth of the situation would make an applicant ineligible for the visa – or entry into the United States in general – it’s considered a material fact.

When you’re denied under INA section 212(a)(6)(C)(i), the denial is permanent. Any subsequent visa applications will ultimately be denied, as well.

INA Section 212(a)(9)(B)(i)

With INA section 212(a)(9)(B)(i), the denial is based on unlawful presence in the United States. This includes staying in the country after a previous visa expired or entering the country without a proper visa or authorization.

If you’re denied under this section, you may be eligible to reapply at a later date. How long you must wait depends on how long you were unlawfully present. If you were unlawfully in the country for less than a year, the longest wait tends to be three years after you departed the United States. If you were unlawfully in the United States for one year or more, then you can be ineligible for ten years after your departure date.

INA Section 212(a)(2)(A)(i)(I)

With 212(a)(2)(A)(i)(I), the denial is based on a crime of moral turpitude. While there is some debate regarding the concept of moral turpitude, it is generally considered to include any crime where the intent was to harm or was otherwise malicious in nature. Convictions involving certain forms of fraud, conspiracy, or dishonesty may also qualify.

If you are denied under this section, you may be able to apply for a waiver. However, whether it’s approved may depend on the nature of the crime, as well as when and how it occurred.

INA Section 212(a)(2)(A)(i)(II)

INA section 212(a)(2)(A)(i)(II) also involves criminal activities, though these specifically relate to drug violations. This can include the use, possession, and distribution of controlled substances.

Denials under this section may make you eligible to apply for a waiver. Whether a waiver is approved will depend on the details of your situation.

INA Section 212(a)(2)(B)

Denials under INA section 212(a)(2)(B) are based on past criminal convictions. If there are two or more convictions and they resulted in at least five years of confinement cumulatively, you may be denied under this reason.

This is another section where a waiver may be possible. As with all waivers, whether it’s approved will be based on the specifics of your case.

Other Visa Denials

There are other INA sections that may also be cited with a visa denial. If there is any possible recourse, information regarding your options should be in the denial letter.

Do You Need an Interpreter or Translator to Help You Navigate a Visa Denial?

If you were denied a visa and would benefit from a professional interpreter or translator as you navigate the process, Acutrans is here.

Acutrans provides individuals and organizations with reliable and accurate interpretation services – both in-person and remotely – offering language support in 200 languages. Additionally, Acutrans can prepare certified, notarized translations in just 24 hours.

If you are looking for translation, interpretation, or other types of language services while you navigate a visa denial, the Acutrans team can provide a fast and professional solution. Contact us for a free quote today.