Questions about 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.
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.
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.