Visa Denial and Options

If the visa officer denies the visa application, there is no appeal. Still there are some ways to challenge the visa refusal; requesting reconsideration, supervisor review, advisory opinion or resubmitting the application. If visa denial can not be overcome, it may be possible to apply for a waiver.

Grounds of Refusal

1. INA section 212 (a)
   

   Refusal under this section means that the applicant is found inadmissible to enter the America. Reasons may be medical, security, crime, prior violation of law or other grounds. Ther are exceptions and waivers are available to many of the grounds.

2. INA section 214(b)
   

   Refusal under this section means that the officer the applicant failed to prove requirements of the intended non-immigrant visa. This generally applies to B visa, F visa or J visa. Section 214(b) does not apply to H visa, L visa or Immigrant visa.

   This ground of refusal is not permanent. The applicant can reapply on showing change of circumstances.

3. INA section 221(g)
   

   Refusal under this section is temporary till the final determination is deferred by the visa officer. Here no need to reapply visa application or pay the fee again.

   When the reason for the deferral has been addressed, the visa officer may deny or issue visa.

Options after consular denies your application:

1. Reconsideration or Resubmission of the application
2. Supervisorial review at the consular post
3. Advisory opinion from Department of State (DOS)
4. Waivers of ineligibility

How we can help you?

1. We analyze the reasons for denial and determine the available strategy to overcome the denial.
2. We will assist you in pursuing reapplying, or reconsideration of the application.
3. We will ask for advisory opinion from DOS at Washington DC
4. We will apply for a waiver
5. Our US New York Supreme Court attorney (advocate) expert in consular processing will use the opportunities under the law to present visa applications as persuasively as possible and to obtain review of visa denial.
6. We will contact National Visa Center through email or telephone to request a general information.
7. We can submit our problem, issues, and complaints to the chair of the AILA- VISA officer Liaison committee.