Refusal of any visa application could be a frustrating and confusing process and can make the applicant get discouraged. So, if you have tried to fill out a B-1 or B-2 visitor visa application in the US, being rejected could present extra issues. In this helpful article, we answer some frequently asked questions and provide a step-by-step process of what to do when you have received a rejection of your visitor visa, from knowing why you were rejected to being ready for a new application.
Understanding the Visa
What is the first thing to do after being refused a visa?
The answer is very simple because very first you have to know why they refused the visa from you. Normally, a refusal letter is issued to the applicant after the interview is over and he or she has been rejected for the visa. This letter is intended to give you essential information that may assist you in understanding what went wrong.
Sect 214 (b) of the I.N.A (8 U.S.C.A. Section 1184[b]) is the other major reason for refusal. This means the consular officer was not prepared to believe that, although you will come to the US for a specific purpose, you will return to your country of permanent residence after your appeal. This is not a permanent or an absolute refusal. You may be eligible for a visa at some later date, particularly if your ties to your home country have been fully established since the time of your refusal. These ties may include financial and social ties.
But there could be other reasons for your denial which are more severe. You must look if the consular letter provides any other section of the law as a reason. Some of the most well-known grounds for visa ineligibility include previous removals, unlawful presence in the U.S., and criminal records, among others.
Evaluating the Duration of Visa Ineligibility
It is important to know how long your visa ineligibility takes as this determines your next course of action. Some cancellation reasons have a time frame or duration while others have no time frame at all. Consult the provision of the law under which you were denied the services or seek advice from an immigration lawyer.
In some instances, one can be exempted from the provisions of ineligibility, although this will only be possible if the consular officer recommends it and the applicant can prove that he/she has strong ties with his/her home country. These waivers are not easily granted for recent or very severe cases of violation of the mentioned rules.
Seeking Clarification from the U.S. Embassy or Consulate
If you’re still unsure about the reasons for your visa denial or the duration of your ineligibility, consider contacting the U.S. embassy or consulate for clarification. Many consular sections have a public inquiry email address, which can be found on their official websites. Alternatively, you can call the consular section’s public phone number to request the email address.
If your trip to the U.S. is business-related and you were invited by a U.S. company, they can also inquire on your behalf at businessvisa@state.gov.
For complex cases, especially if you need to travel to the U.S. frequently for business, consulting an immigration attorney in the U.S. can be invaluable.
U.S.-based attorneys have access to dedicated channels of inquiry with the State Department, which can lead to faster and more comprehensive responses regarding your visa denial. They can also provide accurate advice on reapplication timelines.
Timing Your Reapplication
Many U.S. embassies and consulates recommend waiting at least a year before reapplying for a visa. While this waiting period is not mandatory, it’s based on the assumption that significant changes in your circumstances are unlikely within a shorter timeframe. Assess your situation carefully before deciding when to reapply.
Strengthening Your Visa Application
To improve your chances of a successful visa application on your next attempt, focus on the following aspects:
Organize Your Finances
U.S. consular officers primarily rely on your application and interview to determine whether to approve a visa. However, well-organized supporting documents can demonstrate your financial stability effectively. Consider these steps:
Use Your Bank Account: Maintain both checking and savings accounts, and avoid large one-time deposits, as they do not reflect long-term financial stability.
Regularly Deposit Cash Earnings: If you’re paid in cash, deposit the money regularly into your bank account as proof of income, especially if you’re self-employed.
Accurate Employment Documentation: If you’re employed by someone else, ensure that your employment letter accurately reflects all your earnings, including overtime.
Caution on Documentation: While supporting documents are essential, avoid overwhelming the consular officer with excessive paperwork. Check the specific requirements of the U.S. consular section where you’ll apply.
Avoid Fraudulent Documents: Never present fraudulent or altered documents to support your application, as this can lead to permanent visa ineligibility.
Self-Assessment
Consider your financial situation honestly. Will a trip to the U.S. cause financial hardship? If other family members are funding your trip, you may want to wait until your financial situation improves before reapplying.
Prepare to Explain Changes
During your reapplication, expect questions about what has changed since your last visa application. Be ready to discuss developments such as graduation, promotions, or alterations in the purpose of your intended travel.
If you believe the consular officer who previously denied your visa did not give you a fair evaluation, politely request a different officer at the beginning of your interview (though this may not always be granted).
Receiving a visa denial can be disheartening, but it’s not the end of your U.S. travel aspirations. By understanding the reasons for your denial, seeking clarification when needed, and diligently preparing for your next application, you can increase your chances of obtaining a B-1 or B-2 visitor visa in the future. With determination and proper preparation, you can overcome visa denials and achieve your goal of visiting the United States.
