Method 1 Requesting Reconsideration of an Immigrant Visa Download Article
- Avoid delay. You can request reconsideration of an immigrant visa application within one year after being refused.
- Provide additional information, if necessary. You might receive what is called a "soft refusal." This is different from a "hard denial."
- Hire a lawyer. ...
- Submit your motion. ...
- Consider next steps. ...
Can I get an US visa again after a denial?
You can apply for a visa again if you think you have new evidence that can prove that you will return from the USA. You cannot appeal the refusal but can apply for a fresh visa application and paying visa fees again. Can I reapply after 214b visa Refusal?
How to appeal a denied visa?
Your letter must have the following:
- Your complete name
- Birthdate and birthplace
- Passport number
- The date that the application was rejected
- Complete address and e-mail address
- Your signature (another person like a sponsor, agent or third party may sign, you need a Special Power of Attorney though)
Will my US visa application be denied?
If a consular officer finds you are not eligible to receive a visa under U.S. law, your visa application will be denied (refused), and you will be provided a reason for the denial. There are many reasons a visa applicant could be found ineligible for a visa. These reasons, called ineligibilities, are listed in the Immigration and Nationality ...
Can I complain to USCIS or appeal a denial?
If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.
Can US visa be approved after rejection?
Do refused applicants have to wait three to six months before reapplying? There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate applicant's qualification for a visa, an application may be resubmitted.
How do I overcome a US visa denial?
If you face a 214(b) visa denial based on not having strong ties to your country of residence, it is possible to have the denial reversed if you can provide evidence that you have these ties. A qualified immigration professional is the best one to help you gather the appropriate evidence and make your case.
Can you fight a visa denial?
In most situations, there is no appeal after a denial. If the law allows you to appeal, you can ask USCIS's Administrative Appeals Office (AAO) to look at your case and see whether the USCIS officer wrongly denied your green card. There will be a fee and a deadline for filing the appeal—don't miss it.
When can I reapply for US visa after denial?
You can reapply any time after 3 business days following the previous rejection. You don't have to wait for 6 months or longer. However, it is very unlikely that your circumstances would change significantly within 3 days.
How many times can a visa be denied?
As per some immigrant department of certain countries, you cannot reapply immediately after your visa application was rejected was because the conditions due to which it was refused will not change overnight. Hence, you can only reapply in most cases six months after the refusal of your visa application.
How long does the US embassy keep a record of visa denials?
Paper DS-156 records are maintained for eleven years from the date of last action.
What happens if your US visa is refused?
Immigration and Nationality Act contains provisions that allows the applicant whose Visa has been denied due to ineligibility to apply for a waiver for that ineligibility. The consular officer will inform you if you are eligible for a waiver.
Can a visa refusal be overturned?
Appeals are an integral part of U.S. immigration law that can give people a second chance at coming to America. An appeal of a visa application denial can only be filed by the person who filed the original application or petition. If it was in an individual, then that person must make the appeal.
What is the difference between visa refusal and rejection?
Visa refusal means you did something wrong and that went on your permanent record, leading to visa refusal. While the visa rejection means something is missing from your application and you have to resubmit your paperwork. A denial letter and a refusal letter are interchangeable; however, a visa rejection is not.
Does visa refusal affect future visa application?
In such a case, does visa refusal affect future visa application? The answer is yes, you will need to wait three years before applying for another visa, unless PIC 4020 is waived. If the Department is not satisfied as to your identity, you may be excluded from being granted a further visa for 10 years.
What are the possible reasons for visa denial?
Common Reasons for US Visa Denials – IneligibilitiesIncomplete Application or Supporting Documentation.Visa Qualifications and Immigrant Intent.Public Charge.Fraud and Misrepresentation.Unlawful Presence in the United States.
Why would an embassy refuse a visa?
Your application may be rejected if you have been denied a visa into the country (or other countries) previously, or if you have a history of having overstayed in a country, or if you have performed activities that are not allowed under a particular visa category in the past, etc.
How do you increase your chances of getting a US visa?
U.S. Tourist Visa: How to Make your Chances of Approval HigherEmployment. Having a job in your home country will not guarantee to have your visa issued. ... Family Obligation. ... Property and Personal Asset. ... Community Involvement. ... Travel History.
What happens if visa is rejected?
If your visa application was rejected the first time, you have the option of re-applying. Many students are granted a Student Visa the second time around whose visa applications were denied the first time. You must identify and rectify the reasons which may have caused the rejection.
What is the difference between visa refusal and rejection?
Visa refusal means you did something wrong and that went on your permanent record, leading to visa refusal. While the visa rejection means something is missing from your application and you have to resubmit your paperwork. A denial letter and a refusal letter are interchangeable; however, a visa rejection is not.
What are the possible reasons for visa denial?
Common Reasons for US Visa Denials – IneligibilitiesIncomplete Application or Supporting Documentation.Visa Qualifications and Immigrant Intent.Public Charge.Fraud and Misrepresentation.Unlawful Presence in the United States.
What to do if denied a visa for unlawful presence?
If you were denied a visa for unlawful presence, then you may seek a provisional waiver before you leave the U.S. to have your consular interview. This will shorten the amount of time that it takes. It also gives you confidence that you will qualify and receive the waiver.
What to do if your visa is denied?
If your immigrant visa has been denied, you can still appeal the decision. If you received a soft refusal, you’ll be asked for additional information, such as tax information, confirmation of a job offer, or proof of local employment. All you need to do in this situation is provide the extra information.
How to get a waiver of grounds of inadmissibility?
Complete an application. Some applicants for a nonimmigrant visa will have to complete Form I-601, Application for Waiver of Grounds of Inadmissibility. You can download the form and its instructions from the USCIS website. [18]
How long does it take to get a visa reconsidered?
You can request reconsideration of an immigrant visa application within one year after being refused. You do not have to complete a new application or pay another fee. However, if you wait more than a year, then you will. Reconsideration is not available if your nonimmigrant visa application was rejected.
How to get a waiver for a visa?
Consult with an attorney. You will increase your chances of obtaining a waiver if you work with a qualified immigration attorney. The attorney can help you draft any necessary documents and can work with the consulate to clarify why you were denied a visa.
How to file a denial of a hard denial?
Hire a lawyer. If you receive a hard denial, then you will need to present either a Motion to Reconsider or a Motion to Reopen in order to proceed. A motion is a professional document, and you will need a lawyer’s help to draft it. You should move quickly. You typically must file this motion within 30 days of the denial. [4]
How long does it take to appeal a waiver?
File an appeal if denied. You may file an appeal within 30 days of the denial of your waiver to the Administrative Appeals Office (AAO). Your denial letter will provide additional information, including deadlines that you must meet. [13]
Look at the Letter Type
There are two types of visa denial letters no matter what type of visa you’ve applied for.
Look at the Information Provided
The letter should clearly outline what you need to do to fix the problem.
Correct the Issue
In most cases what you need to do is correct the issue or problem and demonstrate that you’ve done so, either by providing more evidence as requested or helping to build the case for why you meet the requirements of the visa you’re asking for.
Consult an Immigration Attorney
You vastly increase your chances of successfully appealing your visa denial if you work with an immgration attorney to correct the issues. If you haven’t started your visa application yet then working with an attorney is the best way to make sure that your efforts are successful.
Employment & Investment Visas
Although it often comes with controversy, immigration into the United States has always played a major role in the strength of its economy. Perhaps no one understands this more than the residents of Philadelphia, where the Liberty Bell still welcomes foreigners to one of the richest historical communities of our country.
Family Visas
Not knowing or understanding the system and laws of the U.S. can be a disadvantage for many foreign immigrants who wish to obtain permanent residency in the United States, either for themselves or for their loved ones.
Deportation Defense
Are you afraid of deportation? If you are a foreign national involved in the beginning stages of removal proceedings, the deportation attorney at Hykel Law in Philadelphia can help prevent this unfortunate situation.
Who can appeal a visa denial?
An appeal of a visa application denial can only be filed by the person who filed the original application or petition. If it was in an individual, then that person must make the appeal. Companies who filed the application on a potential employee’s behalf are responsible for appealing any denied work visas.
Why is it important to appeal a visa?
Appeals are an important opportunity for people whose initial visa applications were denied. Although the time allotted for filing an appeal may feel short, individuals should put the same care and attention into the process as they did with their initial applications.
How long does it take to appeal a denial of a petition?
There is also a specific timeline that people must adhere to. In the vast majority of cases, appeals have to be filed within 30 days of the decision. However, if the applicant was notified of the denial through the mail, then he or she has 33 days in which to submit an appeal. The time frame is a little different for people who already have approved immigrant petitions. If that approval is revoked, they have only 15 days — 18 if notified by mail — to submit an appeal.
What happens if you file an appeal within the correct time frame?
If the correct person files an appeal within the correct time frame, the appellate court authority will review the request and issue a decision. The hope is that the appellate authority will agree with the appeal and reverse the original denial.
What is an appeal in USCIS?
An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate entities that have jurisdiction over different types of immigration cases. Your denial or revocation notice will provide information about whether the decision may be appealed and where to file your appeal.
What happens when you appeal a decision to the AAO?
When you appeal a decision to the AAO, the USCIS office that made the original decision will first review the appeal to determine whether to take favorable action and grant the requested immigration benefit. During this “initial field review,” the reviewing office will either treat the timely appeal as a motion to reopen or a motion to reconsider and approve the application or petition; or forward the appeal and the related record of proceedings to the AAO to issue a new decision.
How long does it take to reopen an asylum decision?
A filing fee is also not required for a motion on an asylum decision. You must submit any motion within 30 days of the decision and indicate if the motion seeks to reopen and/or reconsider. However, an extra 3 days is provided when your decision is mailed to you (for a total of 33 days). If you do not file a motion to reopen before this response period expires, the asylum office director can decide to still accept your motion if you demonstrate that the delay was reasonable and beyond your control. Either the principal applicant or a dependent may file a motion to reopen or reconsider.
How long does it take for an appellate court to review a case?
A. The AAO strives to complete its appellate review within 180 days from the time it receives a complete case file after the initial field review. Some cases may take longer than 180 days due to factors beyond the AAO’s control. For example, additional documentation may be needed to complete the file or the case may be more complex and require additional review.
How long do you have to appeal a court decision?
A. Generally, you must file an appeal within 30 days from the date of the decision (not the date you received the decision). A shorter appeal period may apply to some cases such as the revocation of the approval of a petition, which has a 15-day deadline. Your decision will tell you how long you have to file the appeal. There is no extension to this deadline. However, an extra 3 days is provided when your decision is mailed to you (33 days in the case of denial and 18 days in the case of revocation).
What happens when you are notified of an unfavorable decision that may be appealed?
When you are notified of an unfavorable decision that may be appealed, you will also receive information about which form you should use to appeal the decision.
What is the form for a temporary resident appeal?
Appeals of decisions of special immigrant worker and legalization applications and termination of lawful temporary resident status under sections 210 and 245A of the Immigration and Nationality Act are made on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act .
How do I appeal a visa refusal?
There is no right of appeal for nonimmigrant visa decisions. You can re-apply if you want. There is no restriction on number of time you can re-apply. Each time you must go though the complete process including paying the fee.
What happens if a visa is rejected?
If the visa is rejected there is no refund of the visa application fee. The applicant cannot appeal against Nonimmigrant visa decisions. The applicant can reapply.
What does it mean when a visa is on hold?
This means that the case has to undergo further administrative processing or additional documents are required to provide essential information about the case.
What does the interviewing officer look into when interviewing an applicant?
Are the applicants professionally active in their home country? If so, the interviewing officer looks into their nature of work and income.
How long does it take to get a visa in the US?
The usual processing time is 60 days from the date of interview or submission of documents. You can check the status of your case on the website of the Consulate or Embassy where you were interviewed
Can an interviewer deny a visa?
The interviewing officer may deny you the visa after your interview. Such cases come under section 214 (b). If the applicants fail to demonstrate their social, familial, and economic ties to their home country the visa can be denied because the officer will assess the applicant as a potential permanent immigrant.
What happens if you get denied a visa?
Know that if your visa has been denied, it doesn’t mean the end of your chances of entering the US. Denial is not permanent, and you are permitted to re-apply as many times as necessary. There is no time restriction on when you can re-apply, but it is in your best interest to provide the additional evidence or documentation required based on your rejection letter. Keep in mind that you do not receive a refund on your visa application fee if you are denied.
Why are visas denied?
Educate yourself on the common reasons that visas are denied or work with an immigration lawyer to ensure that you stay ahead of any possible roadblocks. Many of the standard causes for denials are outlined in the Immigration and Nationality Act (INA) sections 212 (inadmissibility grounds), 214 (failure to prove immigrant intent), and 221 (lack of documentation).
What to do after a denial of immigration?
After a denial, your first step should be to contact a reputable immigration attorney. They can help walk you through the steps to reverse the decision, apply for a waiver or offer guidance to ensure a more successful experience.
How many visa applications does USCIS receive?
USCIS receives hundreds of thousands of visa applications every year. Every piece of documentation that is required serves a purpose in evaluating the type of people allowed into the United States. When documentation is missing or unverifiable, a fair decision cannot be made.
What does a consulate officer look for in a visa application?
A consulate officer may look for evidence such as family member living in the United States and how they obtained their visa. The situation could create suspicion that your ties in the US would compel you to stay indefinitely. It is up to you to provide significant evidence that you intend to return home, such as information on your family relationships, employment, property, or any long-term plans you have in your home country. If you have any doubts on the strength of your evidence, consult an immigration attorney.
How long do you have to file a waiver of ineligibility?
You may apply for a waiver of ineligibility depending on the specific INA section that has been cited in your denial. You have one year from the denial decision to file a waiver. Waivers are available, but not limited to, the denial situations listed below:
What does it mean when a visa is denied?
A visa denial can be a devastating setback for you and your family. But that doesn’t mean the end of the road for your dreams of traveling to the United States. Denial can be a simple as a missing document, or it can prove to be complicated. As you go through your visa application process, it’s a good idea to be aware of any setbacks you may experience and have a plan of action in place.
How frustrating is it to get a visa denied?
Having a visa application denied can be frustrating. You go through weeks – even months – of work. You pay your visa application fee. You get visa photographs taken. Then, at the end of the process, you’re left with a rejected U.S. visa application. You need to go through the entire process again if you want to visit the United States.
What does it mean when a visa is denied?
If your visa is denied under Section 221 (g) of the Immigration & Nationality Act, then it means the applicant failed to present a complete application with all necessary information, or that certain supporting documentation was missing.
Why is my visa denied?
U.S. consular and embassy officers have the sole discretion to approve or deny your visa. If a visa applicant has a criminal record, then the application may be denied. Other common reasons for U.S. visa ineligibility include: Incomplete application or supporting documentation. Visa qualifications and immigrant intent.
Why is my visa application fee non refundable?
The reason the fee is non-refundable is simple: it costs the United States the same amount of money to process a rejected application as it does to process an accepted application. Your paperwork still needs to be processed and your interview still needs to take place. That’s why you don’t get a refund on your U.S. visa application fee.
Why is my visa application rejected?
The most common reason why a U.S. visa application is rejected is because of incomplete information or documentation. You may have failed to complete a section of the application, for example. Or, the documentation you provided was inadequate.
What does it mean when you are rejected under public charge?
A rejection under Public Charge means that the consular or embassy officer decided that you were very likely to become dependent on the U.S. government for your existence or financial support once in the United States.
How to reapply for a visa?
In this case, you may be able to re-apply for a visa by submitting an Affidavit of Support from a qualifying sponsor. An Affidavit of Support is a document signed by a relative or friend in the United States. That friend or relative – who must be a U.S. resident – signs a document guaranteeing financial responsibility for you. The document may include bank statements, payslips, and other evidence that the U.S. resident can financially support the individual.
How does the consulate follow a denial of an application?
The consulate may follow its denial of an application by asking USCIS to revoke the petition that formed the basis for the application. If this happens, the foreign national will need to supply additional evidence to persuade USCIS not to revoke the petition.
What happens if a consulate officer denies an application?
If the consulate officer denies an application for an immigrant visa, they will explain the basis for the denial. Often, a denial results from a lack of necessary documentation to support the application. A foreign national can supplement the application materials within a one-year period after the denial. If the additional materials satisfy the consulate officer, they will approve the visa application. Otherwise, the consulate officer will close the application, and the foreign national will need to restart the application process. You cannot appeal a denial or closure. (You should be aware that a delay in getting your visa does not necessarily mean that it will be denied. Administrative processing delays can be protracted, but there is not much that you can do to expedite the process.)
How to reopen a green card?
More commonly, a foreign national can file a motion to reopen or reconsider their case. A motion to reopen or reconsider goes back to the USCIS official who denied the initial application, rather than going to the Administrative Appeals Office. A motion to reopen means that your circumstances have changed since the initial decision, such that you have a stronger basis for a green card. By contrast, you can file a motion to reconsider if you believe that the officer made a mistake in denying the application. In very unusual situations, you might be able to challenge a denial by bringing a lawsuit in federal court.
What to do if you forgot to submit a document?
If you simply forgot to submit a necessary document, or if the government made a basic error, you can probably fix the problem on your own. If a denial arises from a more complicated issue, retaining an immigration lawyer may make a huge difference in resolving the problem and getting your legal status in the U.S.
Can you adjust your visa if it is denied?
They process huge quantities of these applications and may overlook or misinterpret information in them. However, if your application is lacking, you may be able to adjust or add to it in a way that addresses the reason for the denial.
Can you file a motion to reconsider?
By contrast, you can file a motion to reconsider if you believe that the officer made a mistake in denying the application. In very unusual situations, you might be able to challenge a denial by bringing a lawsuit in federal court.
