Visa Application Denied at the Consulate? Do you Qualify for an Immigration Waiver?

Getting a visa is one of the most important things for most immigrants in their lives. The visa application process is complicated, and many are denied a visa the first time they apply, that’s why it’s crucial to work with a trustworthy immigration lawyer.

Why Your Visa Application Might be Denied

There are many reasons why a visa application may be denied. However, the top reasons why a visa request may be required include the following:

• Previous criminal convictions
• Misrepresentation or fraud including situations like stating incorrect information on an immigration form
• Unlawful presence, like remaining in the US after a stay expiration date, or improperly entering the US
• Health disorders, communicable diseases, or failure in procuring necessary immunizations
• Not having sufficient ties to your home country showing you intend to return home after expiration of stay
• Lack of preparation for the visa process
• Applying for the incorrect visa
• Providing insufficient or incorrect information
• Coming off as arrogant and presumptuous during an interview due to being overly confident
• Being disrespectful to the interviewer
• Communicating ineffectively due to a language barrier, unfamiliar lingo, or different dialects and accents that may cause confusion

What Happens When Your Visa Application is Denied?

Upon being denied a visa, the applicant is usually notified of the applicable law section. The consular officer also advises visa applicants if they can apply for an ineligibility waiver. A highly qualified visa application attorney at Hall Law Office can give you more details.

Can you Re-apply? 

Yes, you may re-apply for a visa. However, you don’t have to submit a new application if you are denied a US visa under Section 221(g) of the Immigration and Nationality Act (INA). Under Section 221(g) of INA, if a consular officer requests more information you can submit your documents that are supportive of the application’s form and essence. The reason for this is that the consular officer would acquire all the necessary information to determine whether the applicant is eligible for a US visa.

For some other types of visas, there are different restrictions imposed on reapplying. For instance, an applicant may reapply innumerable times for some US visas, such as B-2 visas for temporary visitors or tourists. If an applicant was denied under Section 214(b) of the INA, that applicant must show documentation proving that significant changes occurred since the applicant filed his/her application. That is the application that the consular officer denied. The vital changes must show the existence of the situation which the applicant failed to prove before, thus causing the refusal.

Please note that if you were denied a visa, you must pay the corresponding fee as well when reapplying. The previously paid fee only applied to the previous application that the applicant applied for and was denied.

What are Your Options?

If an applicant’s visa is denied due to being inadmissible, they may request a waiver. This waiver will be on the grounds of inadmissibility. However, the success of an application for a waiver depends on choosing the right kind of waiver. It also depends on completing it with the correct information and persuasive arguments. The most common types of waivers include the following:

• I-601 Extreme Hardship Waivers

These waivers are utilized when one or more family members of immigrants are already US lawful permanent residents or citizens. The qualifying family member must be able to show that they will face extreme hardship if the waiver is denied. There is no clear definition of ‘extreme hardship; however, it must be clear the hardship the family member would experience if not able to stay in the US is above normal circumstances.

• I-601A Provisional Waivers

These waivers are utilized when an immigrant has overstayed the 180 days allowed on a temporary visa. The main I-601A Waiver advantage is USCIS doesn’t require the immigrant to return to her/his home country to start the waiver process.

• I-212 Returning After Removal 

When an individual who was removed and has met their statutory period of stay outside the US can reapply for admission to the US, this is the petition to use. You must reapply from abroad; you cannot apply while in the US.

How Our Attorneys Can Help

If the waiver is denied, one of our top-notch immigration waiver attorneys will be more than happy to file a motion on your behalf. Your immigration lawyer can file one of two motions, which include a Motion to Reopen the Case or a Motion to reconsider before moving forward with the appeals process.

In Closing

For more information about visas, contact Hall Law Office, P.A. today. Our immigration lawyers will fight for you every step of the way.  We’ve been providing high-quality services for visas for several years. And as a result, we have earned tons of recognition from a plethora of prestigious organizations. You will be in great hands with this law firm, so contact one of our visa application attorneys today at (786) 878-3626!