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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.
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Recent Visa Denial Questions

  • I understand the questions below will probably not have definitive

    I understand the questions below will probably not have definitive answers. Therefore I am looking for someone who can draw from long term experience with fiancé visa process, who can interpret how they apply from experience.

    In applying for a visa, my fiancé and I have a clean record and fit all requirements except for finances. (She is from the Philippines.)
    My goal is to get a fiance visa approval as soon as possible of course, but I am concerned my finances could result in a denial. I would like to hear your overall thoughts and suggestions once you have read the following.

    SPONSOR:
    I will have a sponsor. Selecting a sponsor- Any difference between having my mother be a sponsor versus a friend?
    Any benefit to having two sponsors? If the first, (my mother) has adequate finances?

    IRS TAX ISSUE
    I currently am in negotiation with IRS. They are saying I owe them 6k from the year 2003 from a loan that was determined by IRS to be income. Is it important that I wait until this is resolved? Or should I submit with explanation? My accountant, because he does not know how long it will take to resolve issue, suggests I submit application and he will submit an explanation for me to include with visa application.

    MEDICAID AND FOOD STAMPS
    Currently I am on Medicaid and food stamps.
    I am a widow with a 4 year old daughter. I have chosen to be a stay at home Dad. My daughter starts school at the end of August and that is when I plan to start another business.
    Should I not apply for visa unless I am off Food stamps, Medicaid or both? Does it make a difference how long I have been off them, and I would prefer to keep Medicaid for my daughter and me active until I can pay for our own health insurance.

    I became a widow at the birth of our daughter. I have raised Ashlynn alone for 4 years, but now have met a very good person and we want to be a family together as soon as possible. I will already have to wait 6-7 months to see her and do not want to delay applying for visa; on the other hand I do not want to risk a visa denial.

    OTHER SUGGESTIONS TO HELP GET VISA APPROVED
    1. My fiancé wants to work as soon as she is allowed. Would it be helpful to prove my fiancé has a confirmed legitimate job offer waiting for her? (I do not know if she will be able to work legally right away)
    What are your thoughts?
    2. My fiancé wants to finish college to be a teacher. Would it be helpful if we submitted proof that she will be going to college as soon as she is allowed to? ( I do not know if she will be able to attend college right away)
    What are your thoughts?
    3. Do you have any other tips that would be helpful in getting a visa approved?

    Thank you very much for your time,
    Sincerely,
    Mark, Ashlynn, and Rose
  • Hi, My fiance is a citizen of South Korea and applied for

    Hi,
    My fiance is a citizen of South Korea and applied for an ESTA back in February. She visited for a month. She then applied for a F-1 Student visa to learn English over the summer and got rejected. Would she need to re-apply for her ESTA? Would her ESTA get denied because of the student visa rejection? She really wants to visit at this point and we just want to know the best way that she would be able to visit me in LA.
  • I have met a young Russian man who wants to come to the US.

    I have met a young Russian man who wants to come to the US. He says that he needs money to obtain a visa through an agency in St. Petersburg. Can Russian agencies actually obtain US visas for Russian citizens? Is there any alternative to the application process through the US Embassy?
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