What happens if my visa is denied?

The steps you can take if your visa is not approved will vary depending on the reason(s) your visa application was denied. In some cases, visas are denied simply because the applicant did not submit all necessary information or documentation. Other times, the denial is a result of the applicant’s ineligibility to apply based on current or past behavior. Some ineligibilities may be overcome but others are permanent. Some of the most common grounds of ineligibility are: Having been convicted of a crime involving moral turpitude; having been convicted of a drug-related offense; having two or more criminal convictions for which the total sentence to confinement was five or more years; not presenting sufficient proof of adequate financial support in the United States; misrepresenting a material fact or committing fraud in an attempt to receive a visa; and having previously remained longer than authorized in the United States. If you are found to be ineligible, you will not receive a refund of your visa application processing fee.

Every denied applicant will be notified of the rationale behind their denial at the time their visa is denied. If the denial is a result of having been found to be ineligible, the consular office will also advise the applicant about his/her eligibility for a waiver of ineligibility. If your visa is not approved, you may reapply in the future. If you reapply after being found to be ineligible, you will usually have to submit a new visa application and pay the visa application fee again. If you were found to be ineligible because you did not demonstrate to the consular officer that you qualified for the nonimmigrant visa category to which you applied or because you could not show that you intended to return to your home country at the end of your stay in the United States, then you will be required to show that there have been significant changes in circumstances since your last application.

Filing suit to seek judicial relief could also be an option if there is a reasonable basis for considering a denial decision unfair.

As always, please do not hesitate to contact Garfinkel Immigration Law Firm by phone at 704-442-8000 or via email with any additional questions and to receive more information.