Getting US Visa Refusal Letter and What to Do

There can be a lot of reasons if your visa gets refused or denied. In case the consulate refuses your US visa, you will receive a form with the refusal clause/i.e. the reason like 214b(Refusal) or 221g(administrative processing)

As per the guidelines of U.S. immigration and visa law, the visa will be denied if the applicant is unable to establish his/her eligibility, because the application do not meet the requirements of the visa category, or any other aspects of visa law.

Visa refusal is basically the formal denial of non-immigrant visa application by the U.S. consular officer as per the Immigration and Nationality Act.

What to do?

Some of the visa refusals can be treated by providing additional information by the applicant, establishing the applicant’s eligibility. If you think that you hold some more information that can help the visa officer to give a positive decision, you should definitely reapply with all the needed information and supporting documents.

Along with the submitted documents, it depends upon the consular officers at the U.S. embassy to decide the eligibility on the basis of the individual and merits of the case.

A majority of refusal cases (221g) can simply be due to any missing documents or any additional information needed by the consulate.

Applicant refused under Section 214(b), if he is unable to validate the satisfaction of the consular officer that he has a strong family, social, and economic ties outside the United States making him depart from the United States after a specific time period.
A Consular officer tends to focus on various factors that help in determining whether the candidate possess the compelling ties to his home nation:

  • If the applicant has traveled to the United States before and for how long did he stay? If he stayed for more than 6 months, does he have the INS approval for it?
  • If the applicant has visited the U.S. previously, for how long he stayed in his home country?
  • How many children or grandchildren does the applicant back in his home country?
  • Are the relatives of the candidate currently in the U.S. ever returned to their home country or visited their families as it is very normal for the foreign students, residents, or workers in the United States?
  • Is the applicant professionally active in his home country; if yes, what is the income and genre of work?

The answers to all the above mentioned questions are related to whether the applicant can achieve the legal requirement of Immigration and Nationality Act showing that they own a permanent residence in the home country.
Each and every case is different depending upon the candidate and the consular officer evaluating each and every visa application as per the merits in accordance to the visa law and its procedures.

In order to know more about the US Visa Refusal and the things to do, it is best to appoint an immigration lawyer, from ilexlaw, as he can provide complete assistance regarding your case.