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Yew Immigration Law Group, a P.C. - Immigration Attorney

Why can a US visa application be denied? Can I overcome a denial?

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Has your application for a U.S. visa been denied? There are several reasons this might happen.

To qualify for a visa, you must be eligible to enter the United States and meet all the requirements of the visa you apply for. Whether you meet the visa’s requirements depends on the evidence you submit to the embassy or consulate, along with an interview with a consular officer.

Consular officers at U.S. embassies and consulates have the sole authority to approve or deny visa applications. However, there are some situations where you can reapply or obtain a waiver of ineligibility.

Are you eligible to enter the U.S.?

There are a few reasons why you might not be eligible to enter the U.S. at all. For example:

  • You have been convicted of a crime of moral turpitude, such as fraud or violence
  • You have been convicted of a drug crime
  • You have been convicted of two or more other crimes for which the total sentence was imprisonment of five years or longer
  • You misrepresented a material fact or committed fraud in your visa application
  • You could not demonstrate proof that you will not be a public charge (you have inadequate financial support in the U.S.)
  • You previously remained in the U.S. longer than you were authorized
  • You were found present in the U.S. unlawfully in the past

If you have any of the above on your record, you should immediately contact a U.S. immigration law attorney, as you may be completely ineligible to travel to the U.S.

What other reasons for visa denials are there?

If you are otherwise eligible to enter the United States, your visa may have been denied for other reasons. For example, you may not have completely filled out all the information on the visa application. Or, you might not have provided sufficient supporting information. Or, you may have failed to establish that you qualify for the visa you applied for.

The consular officer who denied your visa should have provided you with a reason. In some cases, you can simply provide the missing information in an updated application. In other cases, you will have to reapply, including paying a new visa application fee. In some situations, you may have to provide the consulate or embassy with evidence of a significant change in your circumstances since your original application.

An immigration lawyer at Yew Immigration Law Group can help you determine exactly why your visa was denied and whether you can still obtain a visa after a denial. If you are not eligible to reapply, you may be able to obtain a waiver of ineligibility that would enable you to do so.