Why was my visa application denied?
U.S. law generally requires visa applicants to be interviewed by a consular officer at a U.S. Embassy or Consulate. After relevant information is reviewed, the application is approved or denied, based on standards established in U.S. law.
While the vast majority of visa applications are approved, U.S. law sets out many standards under which a visa application may be denied. An application may be denied (1) because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa; (2) because the applicant does not qualify for the visa category for which he or she applied; or (3) because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law.
An applicant’s current and past actions—such as drug or criminal activities—may also make the applicant ineligible for a visa.
If denied a visa, in most cases the applicant is notified of the section of law that applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. Several of the most common reasons for visa ineligibilities are explained below. For more information, review the visa ineligibilities in the Immigration and Nationality Act (INA)—a federal statute located in the United States Code, beginning at 8 U.S.C. §1101. Some of the common visa ineligibilities are highlighted below.
What does it mean to be found ineligible?
If a consular officer finds you are not eligible to receive a visa under U.S. law, your visa application will be denied (refused), and you will be provided a reason for the denial. There are many reasons a visa applicant could be found ineligible for a visa. These reasons—called ineligibilities—are listed in the Immigration and Nationality Act (INA) and other immigration laws. Some ineligibilities can be overcome, either by you, the visa applicant, or the U.S. petitioner, in certain immigrant visa cases.
Other ineligibilities are permanent. This means that every time you apply for a visa, you will be found ineligible under the same section of law, unless a waiver of that ineligibility is authorized by the Department of Homeland Security.
Here are some examples of visa ineligibilities, with INA references:
The visa applicant—
• Did not fully complete the visa application and/or provide all required supporting documentation—INA section 221(g)
• Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant—INA section 214(b)
• Was convicted of a crime involving moral turpitude—INA section 212(a)(2)(A)(i)(I)
• Was convicted of a drug violation—INA section 212(a)(2)(A)(i)(II)
• Has two or more criminal convictions for which the total sentence of confinement was 5 years or more—INA section 212(a)(2)(B)
• Did not provide an adequate affidavit of support when one was required; therefore denied under public charge—INA section 212(a)(4)
• Misrepresented a material fact or committed fraud to attempt to receive a visa—INA section 212(a)(6)(C)(i)
• Previously remained longer than authorized in the United States—INA section 212(a)(9)(B)(i)
Reapply for Visa
After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again. If you were found ineligible under section 214(b) of the INA, you should be able to present evidence of significant changes in circumstances since your last application.
What is a waiver?
The Immigration and Nationality Act (INA) contains provisions that may allow a visa applicant who was denied a visa for a particular ineligibility to apply for a waiver of that ineligibility. The Department of Homeland Security (DHS) adjudicates all waivers of ineligibility. Waivers are discretionary, meaning that there are no guarantees that DHS will approve a waiver for you. If the waiver is approved, you may be issued a visa.
Can every applicant who is ineligible apply for a waiver?
No. If you are found ineligible for a visa, the consular officer will inform you if can apply for a waiver of ineligibility. The following factors will determine if you may apply for a waiver:
• Whether a waiver of ineligibility is available for the particular section of law you are ineligible under;
• You must be fully qualified for the visa you applied for, except for that specific ineligibility, in order to be able to apply for the waiver;
• If you are applying for a nonimmigrant visa, generally whether the consular officer who found you ineligible recommends to DHS that you receive a waiver; and
• If you are applying for an immigrant visa, whether a waiver is available for your particular situation. (For example, for certain visa ineligibilities when applying for an immigrant visa, you can only apply for a waiver if you have a U.S. citizen or lawful permanent resident spouse or parent who would endure extreme hardship if you were not able to immigrate.)
How do I apply for a waiver?
If you can apply for a waiver, the consular officer at the U.S. Embassy or Consulate where you applied will inform you how to apply.
Immigrant Visa and K Nonimmigrant Visa Applicants—If you can apply for a waiver, you must mail Form I-601, Application for Waiver of Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility, with few exceptions.
In Texas, as in all U.S. states, the denial of a visa application is governed by federal law, specifically the Immigration and Nationality Act (INA). Reasons for visa denial include incomplete applications, failure to qualify for the visa category, criminal convictions, public charge concerns, fraud, and previous U.S. immigration violations. If denied, applicants are informed of the specific INA section under which they were found ineligible. Some ineligibilities can be overcome or waived, but others are permanent. Waivers are granted by the Department of Homeland Security (DHS) and are discretionary. Not all applicants are eligible to apply for a waiver; eligibility depends on the type of ineligibility and, in some cases, the existence of a qualifying U.S. relative. To reapply after a denial, applicants must submit a new application and fee, and if denied under INA section 214(b), they must demonstrate significant changes in circumstances. For waivers, immigrant and K nonimmigrant visa applicants must submit Form I-601 to USCIS. The consular officer will provide instructions on how to apply for a waiver if the applicant is eligible.
