How to Appeal a United States Visa Denial
So you have been denied, now what?
Continue reading to find out…
Many persons apply for a United States visa with the hope of travelling to that country. However, there is no guarantee, even with all necessary documentation present, that a United States visa will be issued after the interview. It can be very frustrating for persons when they are denied a visa and many search for information on how to appeal a United States visa denial.
In order to determine if you are eligible for appeal, you must first understand why you were denied a United States visa.
Whenever someone applies for a visa, a consular officer at the United States embassy outside the United States assesses if the applicant is qualified for the particular visa.
If you meet all the conditions under the applicable United States laws, you will be granted your visa. However, if the consular officer deems you ineligible, your United States visa application will be denied.
What makes you ineligible for a United States visa?
Refusal under 214(b)
Under this section of the Immigration and National Act, consular officers are required to treat all United States visa applicants as immigrants. It is the responsibility of applicants to sufficiently prove that they plan on returning to their country. This applies to applicants for B1/B2 (visitor for business or pleasure), F1 (student) and J-1 (exchange visitor) visas. The most common cause of denial under this section is the inability of applicants to demonstrate strong ties to their home country that would compel them to return after their time in the United States has expired.
If you were denied a United States visa under section 214(b), this is not considered a permanent denial. While there is no appeal process for this refusal, you may reapply. Your application will be considered new and reviewed by a different consular officer. You must follow all the same procedures as the initial application, including paying the visa application processing fee and requesting an interview date. You should note that applications resubmitted six months or less from the time of the most recent refusal will not be reviewed favourably unless the applicant's circumstances have changed significantly.
Refusal under 221(g)
A United States visa can be denied under this section if a document or some other piece of evidence is needed for the consular officer to render a final decision. Usually, applicants are told what types of documents are needed to complete the process. You are not expected to reapply or pay another processing fee if less than one year has passed since the refusal. Once the missing documents are presented, the consular officer will review and either issue your visa or deny it based on ineligibility.
If you are denied a United States visa based on ineligibility under Section 221(g), you may be able to apply for a waiver. According to the U.S. Department of State - Bureau of Consular Affairs, you may be able to appeal depending on the visa category you are applying for. The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply.
The process to apply for a waiver can be confusing for many persons. If you find yourself becoming frustrated with the process, consider getting the assistance of an attorney experienced in consular processing.
Refusal under 212(a)
Under this section of the Immigration and Nationality Act, there are certain classes of persons whom the consular officer will determine fall within the 'grounds of inadmissibility'. Persons who are inadmissible are not permitted to enter or remain in the United States. The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labour certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories. There are certain sections that allow for persons to apply for waivers of inadmissibility and others wherein exceptions are made and one does not need the waiver. Speak with your attorney to see if you apply for a waiver or exception.
Conclusion
A visa denial can be quite frustrating given you have spent time and resources to apply for it. However, a denial is not the end of the journey. You can always reapply or have your attorney follow through on matters that may be foreign to you in the case of waivers. As long as the steps for appeal are followed correctly, you will be closer to obtaining your United States visa.