Options for Appealing a Visa Denial

When you find that your visa application is denied, it can seem like the door into the US is closed when in fact, there are options for appealing a visa denial.

Why are Visas Denied?

The standards set out in US law also dictate criteria why a visa application may be denied. Such reasons might include the consular office not receiving the correct information, or perhaps a misapplication where you’ve filed for the wrong type of visa.

It is also possible that you may fall into the category of being inadmissible to the United States. Such cases might include people who have committed drug-related crimes or aggravated felonies.

One of the most common circumstances for denial of a visa is if you fail to prove that you’re in possession of a non-abandoned residence in your country of origin. If you cannot demonstrate this to the consular office, then you’re likely to be refused on the grounds of potentially seeking asylum in the United States.

If you’re application is denied, you might be eligible to reapply. When notified that your application has been unsuccessful, you’ll receive information regarding which section of United States law has halted your application. If you’re able to apply for an ineligibility waiver, the consular office will notify you of how and when you may do this.

Once a visa has been denied, you cannot claim the fee back. This is a non-refundable application processing and handling fee that must be paid with each visa application.

Your Visa Has Been Denied: What Next?

After being denied a visa, you have up to one year to request reconsideration. This is the case for all immigrant cases. You will not need to file an entirely new application or pay any additional fees.

If, however, more than one year has elapsed, a reapplication is required by United States law. This will result in you having to pay an application fee once more, and resubmit all the required paperwork.

The Motion to Reconsider needs to be professionally presented by an immigration law attorney – who must include all relevant legal arguments and documentary evidence on your behalf.

In the case of non-immigrant visa refusals, you will need to resubmit a new application. In such cases this is the only way you will be reconsidered for a visa for entry into the United States.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Visa Denial, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.