US Visa Denial or Refusal or Rejection
USA visitor or tourist B1 B2 visa denied or refused?
If the US visa is rejected or refused, the applicant will be told the reason for rejection of the US visitor visa at the visa interview. Depending on the type of visa, there can be several reasons for a visa refusal or denial. Each visa application is thoroughly examined and evaluated by the visa officer.
The consular officer evaluates each visa application according to US visa law and procedures. The interviewing officer reviews the applicant's personal circumstances like his career, finances, property owned, social and familial ties and commitments in the home country, and so on.
Applicant must be able to prove that he or she will leave the United States after a temporary visit and will not be a threat as a potential immigrant. Consular officers tend to focus on factors that help them determine whether the applicants possess compelling ties to their home country:
- If the applicants have traveled to the U.S. previously, how long was their period of stay in US? If they stayed longer than 6 months did they follow requisite rules to apply for extension? (The applicants should bring their extension approval notices for their next US Visa interview).
- If the applicants have traveled to U.S. previously, how long was their period of stay in home country before they visited US again?
- How many children and grandchildren do the applicants have back in their home country?
- Do the applicants' relatives or sponsors in U.S. ever visit their home country to meet their families?
- Are the applicants professionally active in their home country? If so, the interviewing officer looks into their nature of work and income.
The above list of questions is not exhaustive, but the answers determine whether applicants can fulfill the statutory requirements of the US Immigration and Nationality Act to show that they have a permanent residence in their home country.
The most common refusals are under Section 221(g) and Section 214(b) of the US Immigration and Nationality Act. 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. There is no restriction on the number of times one can reapply. The reapplication also entails a new payment of fee.
Delay under section 221(g)
The interviewing officer may tell you at the end of the interview that your case or visa approval is put on hold under the section 221(g). This means that the case has to undergo further administrative processing or additional documents are required to provide essential information about the case.
If additional documents are required the interviewer will instruct you how to submit that information. You will also be given a written letter directing you to submit the additional documents. You will have 12 months from the date of your application to submit the documents to the nearest Team Stanley Document Pickup Location. After the period of 12 months is over, you will have to reapply for a new visa and pay the fees. No additional fee will be charged for this process. In the meantime your application will be put on hold. There are different steps to submit a document under section 221(g):
- Print a Document submission letter from the USTravelDocs website. Complete the checklist manually.
- Go to the nearest Team Stanley or Document pickup/dropoff location to submit the documents. The documents required are the 221 (g) submission slip, the 221(g) letter given to you at the Embassy or Consulate, and the other documents requested by the Consulate.
- Drop off the documents and Team Stanley will acknowledge the 221(g) submission slip. Keep the acknowledged slip for the records.
Your task is over. Team Stanley will deliver the documents to the Embassy or Consulate and will return your documents and passport to the delivery location you specified in your application. If approved your passport will contain your visa or it may contain a new 221(g) letter.
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
See a sample of 221g document.
Refusal under 214(b)
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. Different factors like how often the applicants traveled to US, if they extended their visit, whether they are still active professionally, their income and property owned back in the home country etc. may determine refusal under 214(b).
If the applicants feel the circumstances have changed after the refusal they can reapply for a new visa. They need not wait for a specific period before they reapply.
See a sample of 214b document.
If my visa gets rejected, can I get a refund?
No, if your visa rejected there is no refund of the visa application fee.
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.
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