Written by AskTheLawyers.com™
What to Do if Your Visa Has Been Denied
Filing for a visa is a nerve-wracking and stressful situation. You should know, however, that the odds are not stacked against you. If your application for a visa has been denied, you have more chances to strengthen and resubmit your application.
If you have recently filed for a visa and have been denied, all hope is not lost. You must act diligently, however. Speak to an immigration attorney who is experienced in visa denials. While immigration offices will give you plenty of opportunities to mend your application and strengthen it, you do not want to exhaust your opportunities due to small and minor mistakes. An immigration attorney could help guide you through the process and create a solid application with a stronger chance of being approved. Further, while many applications are denied due to minor issues, there are others who are denied based on serious charges. An immigration lawyer can work on your behalf and help your petition be heard.
This article will cover some of the most common reasons why an immigration visa could be denied. If the United States Citizenship and Immigration Services or consulate offices have denied your petition, your rebuttal will greatly depend on your circumstance. For a more specific overview of your case, speak to a qualified and experienced attorney.
Different Forms of Visas
A visa is not general, and you will need to file for one based on what you are looking to do with it. The following is a limited list of some of the most common types of visas.
- Visa Form I-129
- This type of visa is generally used for temporary workers
- Visa Form I0129F
- This type of visa is generally used for those who are engaged to a United States Citizen
- Visa Form I-130
- This type of visa is for family-based immigrants
- Visa Form I-140
- This form of visa is used for immigrant workers
If you are unsure as to what form is best for you, you can visit the United States Citizenship and Immigration Services website or speak to a knowledgeable attorney. Speaking to an attorney could save you time and money by ensuring that you have filed the correct visa form.
Your Visa has Been Denied—Now What?
Having a visa denied is not the end for your application. Under most circumstance, you could simply reapply for your visa after a certain time has passed. Another common route is to go through an appeals process. While this is not a common route, it is still nonetheless used. Going through an appeal will likely be less costly as you are not required to pay another application fee. Further, you will also not have to start the entire application process all over again.
Based on the following scenarios, your choice of starting a new application or going through the appeals process will be up to you. A legal professional can help you decide which option is best for you.
Visa Denial Based on an Adjustment of Status
If you have recently attempted to make an adjustment of status and received a notice of rejection, it is important that you read the notice carefully. This letter will inform you if you will be allowed to re-file or if you could appeal the decision. It should also contain special instructions as to how to go about the appeals process.
Equally important, you should note the allowable time period for which you would be allowed to appeal. If you have been given the opportunity to appeal, you will generally only be given a small window of time to do so.
You could also attempt to file a motion to have the case reconsidered or even reopened. This process will be different than that of an appeal. For more information, speak to a legal professional that can help you understand what is the best option for you and how to write a motion that could help your case.
If your application has been denied even past filing a motion, you do have the legal right to file a suit against the federal court in order to challenge the denial.
Visa Denial Based on a Temporary Visa
Temporary visas, also known as a nonimmigrant visa will generally be given at a United States Consulate. Therefore, any correspondence you receive will likely be from the consulate office in which you applied for the visa.
If you have been denied a visa in this case, you will not be allowed to appeal the decision. In this case, the best choice may be to reapply for your visa.
Visa Denial Based on an Immigrant Visa
If you are applying to become a lawful permanent resident and have been denied, the consulate office will likely give you an explanation behind their decision. A very common reason as to why this type of visa is generally denied is for submitting an incomplete application. Another is that you will be required to submit further documentation or evidence to support anything you may have claimed in your application.
Seek the Support of a Professional Attorney
A visa denial can be stressful but you should know that it is not the end. In fact, you will generally be given plenty of opportunities to contest your application denial. In order to give your application the best opportunity at being accepted, seek the support of a qualified immigration attorney. They can answer your questions about immigration laws and citizenship.