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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
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Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Questions about Visa Denial

A visa denial can occur for many reasons. Sometimes an oversight while filling out the form or an unsatisfactory interview can lead to a visa denial. This can be frustrating. Having to repeat the process is tedious, time consuming, and expensive. You may wish to get clarification on how the process works beforehand to avoid such a situation. Below are top questions answered by Experts on visa denial.

After my I-129 was denied, the petition status on the USCIS website changed in a couple of days. I did not official rejection letter. Could this mean that the petition was reconsidered? If not, within what time period do I need to leave the country?

As per procedure a supervisor will review all denials before they are mailed out. After this, the rejection letter should be mailed. Hence what first appeared on the website was the initial decision of denial by the official. A few days later, the official notice of rejection and notice to depart was most likely mailed.

Ideally it would be sensible to wait until the actual letter of denial is received. The notice may or may not allow 30 days time period to leave. In the meantime you could start making the necessary arrangements to wrap up personal affairs.

Does a previous visa denial, disqualify a person to re-apply in the future? If a visitor visa is denied, can a person re-apply for an immigrant visa sponsored by a U.S. citizen?

A visa denial should not prevent a person from re-applying in the future. If you were denied a visitor visa, you would likely be eligible to re-apply for an immigrant visa. In most cases, a person would probably be denied a visitor visa because they were unable to convince the officer they intended to return to their home country. However, while filing for an immigrant visa sponsored by a U.S. citizen, this criterion is not pertinent.

If a student visa is denied but the person has an intent to marry a U.S. citizen, is a marriage visa required? Will the previous denial affect the fresh visa?

In this case the person needs to apply for a fiancé visa using Form I-129F. If this is approved, then the applicant needs to attend the interview at the U.S. consulate in his/her country. Once this process is complete the applicant can enter the U.S. and must marry before the end of the 90-day period. After this, he or she can file a green card petition.

The student visa denial may not affect this application as long as the visa denial was not due to false information or fraud. It would be sensible to hire or consult with a local immigration attorney to avoid any further complications or denial.

How often are H-4 visas denied as my F-1 visa is due to expire and I need to apply for a H-4 visa?

There is no factual number on the approval and denial rates on H-4 visas. If the H-1B visa is valid, the H-4 is usually not denied. Some of the reasons for denial could be as follows:
  • If the underlying H-1B is terminated,
  • If the applicant has committed a crime or has violated the law, or
  • If the application has been fraudulent.
If there is no reason as outlined and there is valid H-1B visa, a person should be able to change from F-1 to H-4 status.

The U.S. Department of State has provided information about visa ineligibilities at the following link. http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

My visa was denied as I did not reveal a past criminal conviction (no imprisonment). Can I appeal the refusal?

As per the current immigration laws in the U.S. there is no appeal for this denial. When immigration petition is denied, there is a possible option of filing for an I-601 waiver. In this you will need to prove that a U.S. citizen or permanent resident spouse, child, or parent will face extreme hardship because of your denial. If you do not have dependents who may be adversely affected by your denial, there is no basis for appeal.

A person was denied visa status on Form I-485. If he/she were to marry a U.S. citizen what is the process to follow for immigrant visa?

After marriage, the U.S. citizen must submit a visa petition (Form I-130) to the appropriate Citizenship and Immigration Services Center (CIS). The visa petition should be submitted with the following forms:
  • Form G-325A - Biographical forms: For both the husband and the wife with photos attached
  • Proof of the citizenship status of the petitioner: This could be a U.S. passport, a certificate of naturalization or citizenship or a certified copy of the citizen's birth certificate
  • Certified copy of the marriage certificate
  • Certified copies of the documents in case of divorce, annulment or death of spouse if applicable.
At the same time, the foreign-born spouse, assuming he/she entered the U.S. lawfully, should submit an application for Form I-485. This is an application for adjustment of status or a green card.

Visa denial is a subjective issue. A lot is dependent on the type of visa, employment, interview, and so on. What you enter on your form and say at your interview is also crucial during the reviewing and assessment conducted by the immigration authorities. Following the instructions and being honest would be the best way forward.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 35221
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
Immigration Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 30464
10+ years of experience in various aspects of U.S. Immigration Law.
Georgetown Lawyer
Immigration Lawyer
Satisfied Customers: 8543
10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3550
Knowledgeable and experienced immigration lawyer.

Recent Visa Denial Questions

  • Hello, I've filled an O-1 petition 6 month ago and it was

    Hello,
    I've filled an O-1 petition 6 month ago and it was denied by USCIS. Now I applied for B-1 visa at my home country to attend a business conference in the USA and I've got my B-1 Visa approved for 10 years.
    I'm kind of worried because I don't know what to expect at the port of entry when landing in the USA. I know that USCIS is a component of the Homeland Security which are the officers that welcome us to the USA at the airport.
    Is it legit to re-enter the USA with B-1 visa for business proposes only, after a previous O-1 petition was denied by USCIS (not visa denial, only the petition)?
    Thanks
  • If my friend has been denied a US tourist visa 4 times in the

    If my friend has been denied a US tourist visa 4 times in the last year and a half, would this affect her getting a Canadian Tourist Visa? Would the Canadian consulate even know that she had previously applied for a US Visa?
    Additionally, would the US consulate know if she applies for a Canadian Visa and the results of that interview?
    You had previously recommended the Canadian tourist Visa as well as a trip to Canada and then back to Mexico.
    She will be reapplying for the US tourist visa in Mexico in about 6 weeks and doesn't want to do anything that could cause another rejection.
    Thanks for your help.
  • I curretly have a J1 Visa (with a 2Y HRR) and will be completing

    I curretly have a J1 Visa (with a 2Y HRR) and will be completing a medical fellowship in June 2015. My husband (who also is a J1 Visa holder with 2 Y HRR) will be completing his medical fellowship in June 2016. We are both Brazilian Citizens and MDs. I would like to apply for a change of status to J2 visa in order to remain with my husband in the US until he completes his training. I have not found the information I am looking for in the ECFMG, US Embassy or USCIS websites. My questions are the following:
    1. May I apply for a change in status to J2 visa while in the US or must I return to my country and perform an application to a J2 visa (as a primary Visa) at the US Embassy in Brazil?
    2. If I must return to Brazil to apply for a J2 visa, must my husband come with me?
    3. I would like to ask your oppinion about the possibility of J2 Visa denial, which wold force me to stay in Brazil and start my 2year HRR while my husband is still training in the US.
    I deeply appreciate your time in answering my concerns.
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