I’ve Been Denied A Visa, What Should I Do Next?

If you have applied for a U.S. Visa but have been denied, there may not be a simple answer of what to do next. Since there are such a wide variety of visas, circumstances in which to apply for each, and an even longer list of reasons to be denied, it is strongly suggested that you contact an immigration lawyer in Detroit. Your denial is likely time-sensitive, and you should act immediately to avoid any further complications.

Common Reasons for Denial

Listed below are some common reasons your application may have been denied. Unless otherwise specified, the denial is not final:

Incomplete Application

Due to the extensive application, your denial could be as simple as having missing information.

Qualifications or Intent

In some instances, your interview may indicate that you do not have strong enough qualifications for the specific visa you are applying for, or your intentions for immigration do not align with established guidelines. This can be a gray area, and may be best approached with the help of a professional.

Public Charge

In this case, the officer you interviewed with has determined that it is highly likely you will be dependant on U.S. government programs for assistance due to an inability to financially support yourself.

Fraud

This denial results from it being determined that you attempted to misrepresent yourself or falsify documentation during your application. This denial is permanent, although you may be allowed to apply for a Waiver of Ineligibility in certain cases.

Unlawful Presence in the U.S.

If it has been determined that any length of your presence in the United States was unlawful, your visa application will be denied. This includes both overstaying an authorized stay as well as entering the country without proper authorization from Customs and Border Protection. Depending on the length of your unlawful presence, you will be allowed to reapply after a 3-year waiting period (unlawful stay was between 180 days and 1 year), or after a 10-year waiting period (unlawful stay was longer than 1 year). You may apply for a Waiver of Ineligibility in certain cases.

What To Do After Receiving a Denial

If you’ve been denied for a visa, the officer you’ve been working with may give you options for your immediate next steps. It could be as simple as completing paperwork that was previously missed, but could involve leaving the country for upwards of 10 years, being permanently barred from reapplication, or filing for a Waiver of Ineligibility. If you are able to apply for the waiver, your consular officer will inform you at the time of denial.

If you are unsure of what to do next, contact an immigration lawyer to guide you through the next steps. This can be a confusing process, but with an experienced professional advising you through the process, you may find that finalizing a successful application is not as complicated as it first may seem.

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