When an application for a visa is denied, it can delay plans and get in the way of ambitions. However, when a visa is denied, there are options.
Have you or your loved one had a visa denied? Contact an experienced immigration lawyer for an initial consultation.
What Can Cause A Visa Application to Be Denied?
There are many reasons why a visa application could be denied. One reason may be because a visa application doesn’t include all required information for an applicant’s eligibility.
Other reasons why a visa may be denied could include, but are not necessarily limited to:
- The applicant doesn’t qualify for the visa category that they applied for
- The visa application includes information that would be cause for a visa denied due to inadmissibility or ineligibility standards
- The visa applicant’s present or past actions make the applicant ineligible for a visa. This may include drug or criminal activities.
When an application for a visa is denied, usually the applicant is notified of the specific reason for the rejection, including which section of the law caused the visa to be denied.
How to Qualify for a Visa
Visa qualifications are different depending on the type of visa that someone is applying for. All visa applicants must go to a visa interview to determine if they qualify.
The Visa Interview
The required visa interview is a meeting with a visa applicant and the consular officer at the relevant US embassy or consulate. In this visa interview, the consular officer will determine if the visa applicant is qualified to obtain the type of visa that the applicant is applying for. Consular officers also have the power to approve or deny visa applications at a US embassy or consulate.
What Makes Someone Ineligible For a Visa?
A visa application can be denied by a consular officer as part of a visa interview. A visa can be denied because the applicant is ineligible for the type of visa that they’re applying for. The Immigration and Nationality Act (INA) defines what makes an applicant ineligible for a visa.
If found ineligible for a visa, this rejection may not be permanent in some cases. Some ineligibilities can be resolved, while other ineligibilities are permanent. Waivers for ineligibility can also be requested but must be approved by the Department of Homeland Security.
There are many reasons why a visa may be denied due to ineligibility.
Visa Denied Due To Ineligibility: Incomplete Application
If a visa application isn’t complete or lacks necessary supporting documents, the visa applicant is ineligible to be approved for a visa. This makes an applicant ineligible under the Immigration and National Act (INA), section 221(g).
Ineligibility For A Visa: Failure to Establish Eligibility & Intent To Immigrate to the US
When a visa applicant fails to establish eligibility for the visa category they’re applying for, the applicant may be denied due to ineligibility. The visa applicant may also be denied because they have failed to prove that they don’t plan on immigrating to the United States. Because visas are for nonimmigrant, temporary travel to the United States, visa applicants must prove they do not intend to stay in the U.S. Either of these reasons are cause for visa ineligibility under INA, section 214(b).
Criminal Convictions Can Make Someone Ineligible For A Visa
If a visa applicant has been convicted of a crime involving moral turpitude, they applicant is ineligible for a visa. A conviction for a crime involving moral turpitude makes a visa applicant ineligible under INA, section 212(a)(2)(A)(i)(I).
Other criminal convictions can also make someone ineligible for a visa. These include:
- Drug convictions. Drug convictions make a visa applicant ineligible under INA, section 212(a)(2)(A)(i)(II).
- The visa applicant has been convicted of two or more crimes with a total jail or prison sentence of at least 5 years. This makes the visa applicant ineligible under INA, section 212(a)(2)(B).
Criminal convictions can seriously impact immigration plans. Learn more about immigration consequences of a criminal conviction.
Visa Denied Due To Ineligibility: Lack of Financial Support in the US
If a visa applicant failed to prove they have enough financial support in the US, the applicant is ineligible for a visa. This makes the visa applicant ineligible under INA, section 212(a)(4).
Lying on The Application Causes Ineligibility & A Visa Denied
When a visa applicant lies, misrepresents facts or commits fraud to try to get a visa, their visa can be denied due to ineligibility. Lying, misrepresenting facts or committing fraud makes a visa applicant ineligible under INA, section 212(a)(6)(C)(i).
A Visa May Be Denied Due To Ineligibility From Staying In The US For Longer Than Approved
If a visa applicant has stayed in the US longer than they were approved for in the past, the applicant is ineligible and their visa will be denied. This makes the visa applicant ineligible under INA, section 212(a)(9)(B)(i).
Ineligibility & Visa Denied Due To Medical Reasons
If a visa applicant has certain medical conditions, the applicant may be ineligible for a visa. This includes any applicant who doesn’t have proof that they’ve received vaccinations for diseases such as polio, hepatitis B and more.
Other medical reasons that can cause visa ineligibility include physical or mental illnesses that could be a threat to the applicant or others. In some cases, waivers for ineligibility may apply for visa medical ineligibility reasons.
If you or your loved one may qualify for an ineligibility waiver, get help from an award winning immigration lawyer.
Visa Denied Due To Ineligibility For Security Reasons
A visa may also be denied because an applicant is ineligible for security reasons. These security reasons that may make an applicant ineligible include suspected intent to act as a government spy or perform terrorist activities once in the United States. Anyone who has been a member of a totalitarian political party or has been associated with terrorist organizations is ineligible for a visa.
Waivers for ineligibility for security reasons may be possible. For example, if an applicant is affiliated with a terrorist organization but was not aware that the organization is a terrorist organization, the applicant may be able to have a waiver for ineligibility.
Did You or A Loved One Have A Visa Denied? You May Be Able to Reapply
If an application for a visa has been denied, usually an applicant can reapply.
Waiver of Ineligibility For A Visa Denied
If an applicant has been found ineligible for a visa, it may be possible for an applicant to apply for a waiver of ineligibility. A waiver of ineligibility for a visa must be approved by the Department of Homeland Security.
Who Can Apply for a Waiver of Ineligibility When A Visa Is Denied?
Not all ineligibility standards can be waived. If a visa applicant is found to be ineligible for a visa, the consular officer at the visa interview will inform the applicant if they may apply for a waiver.
To be allowed to apply for a waiver of ineligibility for a visa denied, the following must apply:
- A waiver of ineligibility must be available for the specific section of the law that makes an applicant ineligible
- The applicant must be qualified for the specific visa they’re applying for in every way other than the specific ineligibility that they’re requesting a waiver on
- The consular officer who decided on a nonimmigrant visa applicant’s eligibility recommends to the Department of Homeland Security to waive the applicant’s ineligibility
If an applicant can request a waiver of ineligibility, the consular officer at the US embassy or consulate will tell the applicant how they can apply for a waiver.
Visa Denied? Our Immigration Lawyers May Be Able to Help
Not sure if you or a loved one can get a waiver of ineligibility after your visa is denied? Our experienced immigration lawyers are here to help.
For over 30 years, Janet Moon, Esq. has helped individuals and families obtain a visa after their visa is denied. While other immigration lawyers’ free initial consultations are brief and leave a lot of unanswered questions, Janet Moon provides a thorough review of all relevant documents for your case. We take the time to get to know you and the specifics of your case, providing actionable legal advice on what to do next.
There Could Still Be A Way. Contact An Experienced Immigration Lawyer For Help
When facing complex immigration problems, it’s critical that you or your loved one fully understand the potential consequences of your decisions. To help prevent lengthy delays for your plans, contact an experienced immigration lawyer for an initial consultation. She’ll take the time to get to know the specifics of your case and provide meaningful guidance on what to do next.