Top Reasons Why Your US Visa May Be Denied

Clearing all the official procedures for securing a US visa is not easy. No matter how keenly you have followed them, your dream of visiting the United States of America may suffer a setback if the consular officer finds you ineligible. The officer will test your suitability for the applied visa in accordance with the U.S. Immigration Law. If your application is lacking something or found violating the set rules, visa will be denied. A US visa for Philippine passport holder may be denied for several reasons, including insufficient ties to their home country, incomplete documentation, or previous visa violations. You will be termed as “ineligible” for the applied visa as per the US Immigration Laws.

Reasons for US Visa Rejection

Here are the topmost reasons for visa to the USA rejections.

Rejection due to unclear intention of a visit

All non-immigrants applying for a visa for whatsoever purpose have to declare their intention of visit to the U.S. It is the responsibility of the traveler to apply for the specific visa and abide by it during the stay. In no way, can they use a visitor visa for employment purpose or vice versa which is why the U.S. Immigration Law has segregated visa under different categories and made compulsory to clarify the intention of a visit for all visa types. Applicants need to produce enough proof by which the consular officer can  be convinced.  Let’s say, you are applying for a B2 visa, which is issued for tourism, visit, and medical purpose, to prove you will stick to the visa rules, the US Embassy will need the following evidence:

  • The reason of travel for pleasure or medical treatment
  • Your intention to stay in the U.S. only for the authorized period
  • Documents to prove that you can meet the expenses on your own. If you are on a sponsorship, then details of the person or agency sponsoring the trip. The reason the consular officer demands evidence of sufficient funds is to ensure that you do not start working in the U.S. or resort to earning money the fraud way once you have run out of money.
  • Strong ties with your home country such as a job, house, apartment, property, and a family

Along with these evidences, carry plane tickets, including return tickets, and details of your itinerary plans, bank statement, and employment proof as well when attending the visa interview. Lacking in any one of these documents will result in rejection of your visitor visa.

[Also Read : Get a US Visa in Dubai]

Visa rejection because of false information

Hiding your past and providing false information will result in the rejection of your US visa application. The U.S. government does not entertain people who lie about their personal information, hide about their past crime or convictions and fail to state or reveal visa refusals in the past.  Submitting false information on the visa application may not only lead to denial of visa, but also call for legal action against you. There is no point in hiding about your past because the US Embassy can find out everything about you. So better be honest and reveal every minor and major thing that can cause hindrance in securing the visa.

Visa rejection due to past immigration violations

Though the US Immigration Law has made a provision of extending a visa, there are many who overstay and violate the rule. If you have done the same in the past, the consular officer will think carefully whether to issue the visa or not as he will see you in the same frame of violators. There is even a probability of you being  barred from entering into U.S. for three to ten years, depending on the number of days and months you stayed illegally in the U.S. You will also face a tough time to convince him that you won’t violate the visa rule now and have learned a good lesson from your mistake.

Visa refusal due to other reasons

The U.S. government will never allow foreign nationals to enter their country if they find the immigrant may pose a serious threat to physical and mental health of their citizens. Applicants who are afflicted with a contagious disease such as tuberculosis will face rejection. The medical list on which a visa can be denied is quite lengthy, but the authorities have removed HIV from it. Visa is also refused to people who are addicted to drugs and are involved in drugs peddling. If he or she is  has been deported from the U.S. in the past, or is caught at the airport with drugs, visa refusal is sure for such people.

From past criminal activities, history of drug abuse, to deportation, violations of immigration rules, and submission of false information on the US visa application, a visa can be rejected, refused, or denied on many grounds.  When the applicant is found ineligible. the chance of securing a visa is nil. However, the Immigration and Nationality Act has the Waivers of ineligibility clause to reapply for a visa. Whether you are applying for the first time or re-applying, let a professional visa consultant in Dubai handle the responsibilities on your behalf.

Procedure On How To Check Visa Rejection Reason? Read To Know More.

Incomplete Application/Incomplete Supporting Documentation

  1. A rejection of visa under the Section 221(g) of Immigration & Nationality Act that throws light that an applicant has not submitted the consular officer with total application possessing all requisite information, or the supporting documentation had been missing. This does not however necessitate that your application is refused completely, since you still possess the prospect of fixing your error and equipping the embassy with misplaced information or supporting documents preceding to a definitive verdict on your case is set.
  2. Should you be told that the application is incomplete, you will receive a letter explaining precisely why you were deemed disqualified and which documents/information are missing. You will have 1 year for submitting the missing items, or else your case will get dismissed & you will require reapplying from the beginning, including paying visa fee again.
  3. Additionally, under this section, the embassy or consulate may decide to investigate your application further by conducting additional security checks or inquiries, frequently through another agency. Most administrative processing is finished within 60 days of the visa interview. However, if the case is sent to the United States Citizenship and Immigration Services (USCIS) or another agency, completion could take several months.

Visa Qualifications and Immigrant Intent

Only people applying for temporary, nonimmigrant visas can be denied under this part of visa law. Getting turned down for a visa under section 214(b) of the Immigration and Nationality Act means the applicant did nott convince the consular officer that they qualify for the nonimmigrant visa requested and that they have strong connections to their home country and do not plan to immigrate to the US.

When it comes to strong ties, the applicant can best demonstrate they do not intend to overstay in the US if they:

  1. Are employed
  2. Are married, engaged, or in a relationship
  3. Own property (house, land, etc.) in their home country
  4. Have children they are the legal guardian of
  5. Have good relationships with family and friends

The applicant is not capable of appealing a review of this disentitlement. However, because this is not everlasting, the applicant may reapply if they feel that there have been key amends in their situation. If reapplying, the visa fee must be paid again, and a new interview appointment scheduled.

Public Charge

A visa application which is denied under section 212(a)(4) of Immigration & Nationality Act indicates that the consular officer determined you were extremely likely to become reliant on the US government for subsistence & financial assistance when in the US, known as a “Public Charge.” Because it is not an enduring ineligibility, this can be surmounted under certain conditions.

Those Who Apply for the Immigrant Visa

  1. Those who applied for Immigrant Visa & were barred entry to US under section 212(a) (4) of Immigration & Nationality Act may reapply should they give an Affidavit of Support from an entitled sponsor. This document shows that a US resident accepts responsibility for financially supporting the immigrant during their stay in the US. The Affidavit should include the sponsor’s bank statements or pay stubs demonstrating their ability to provide support.
  2. Some visa types do not need an Affidavit, so you must prove you will not burden the US government financially by:
  3. Showing your own funds through bank statements, pay stubs, etc.
  4. Providing a job offer in the US
  5. However, providing these does not guarantee visa approval, since the consular officer decides if the financial evidence overcomes the ineligibility. The officer determines if the support shown is adequate.

Those Who Apply for the Non-Immigrant Visa

Those applying for the nonimmigrant visas who had been barred entry to the US under section 212(a) (4) of Immigration & Nationality Act are required to demonstrate that they can support themselves financially during their time within the country. The consular officer in fact will revise your paperwork & decide whether you have ample funds to overcome the inadmissibility or not.

Myths behind US Visa Rejection

Applying for a US visa is tough. But we tend to get more nervous when we hear people talking some weird things. These are a few myths you must ignore while applying for US visa.

Once Rejected, you can Reapply Again 

There are chances your visa may be rejected. But that doesn’t mean you cannot re-apply again. The chances of getting rejected may be because of financial reason or may be due to the consulate didn’t find the interview that convincing.

Based on Valuable Properties 

While applying for a US visa, it’s not necessary to show or provide documents based on properties like land or stock certificate. However, if you provide a proof of owning a property then there are higher chances of getting your visa approved.

Having a Criminal Record

If you’ve committed a crime, then getting a US visa depends on the type of crime you’ve committed and the severity of the crime. A minor crime is fine however, if high, then the chances of your US Visa Denied are a no-no.

Family History of Members Entering USA as Illegal Immigrants 

Having a recent history of illegal immigrants of your family to enter the country will get your visa rejected. It makes sense but the chance of this happening is quite less.

Being a Young and Single Woman

US Visa Rejection has nothing to do with being a single or a young woman. As long as you provide all the right sort of documents along with smooth interview, then you’re fine.

Lying 

It is best to say the truth and nothing but the truth during an interview. The interviewer is experienced enough to catch you if you’re going to lie during your interview.

Not having a 6-Digit Bank Account

If you don’t have a 6-digit bank account, you are still fine to apply for your US visa. Make sure that you provide your financial documents to let the embassy know that you can take care of your own.

Avoid Scammers or Fixers

US embassy has neither scammers nor fixers. If an unknown person approaches you by promising to get you a US visa then avoid them at any cost.

Providing False Documents

No country in the world tolerates false documents provided for visa application. The same applies for US visa. Submitting any false document shows your intentions are not clear. Hence, if the embassy can’t trust the document you provide, then they have every right to reject your visa.

Having a Pending Immigrant Petition

There are chances that you’ve already applied for a US tourist visa and don’t know whether the visa is approved or denied. During such a case, it is best to inform the interviewer about this situation which can speed up your visa process.

Fraud and Misinterpretation

Fraud and misinterpretation is one of the visa rejection reasons. If you try to get a visa via misstating facts/carrying out deception, the visa application will get denied under section 212(a) (6) (C) (i) of Immigration & Nationality Act. Masking that you have family within the US or found guilty of crimes earlier is considered as fraud. This is a permanent ineligibility, so no visa will be provided regardless of how many times you apply.
If there is an option to request an exception to the ineligibility, the consular officer will recommend you do that.

Unlawful Presence in US

If you were denied permission to enter the United States under section 212(a)(9)(B)(i) of the Immigration and Nationality Act (INA), this means the visa rejection reasons is that you were considered to have been illegally present in the US.
You either:
Stayed in the US past the expiration of your authorized period of stay without extending your stay, or
Entered & remained in US sans obtaining the needed authorization from Customs & Border Protection.
If you had been present in the US unlawfully for over 180 days yet below a year, you will not receive a visa for 3 years post departing the US. Conversely, if you stayed in US illegally above 1 year, you will be incapable of getting a visa for a complete 10 years post leaving the US.

Other Ineligibilities

  1. Additionally to the aforesaid reasons for US visa denial; there are additional health-related grounds which can make someone disqualified. Specifically, those with these health conditions might not be given a visa
  2. An applicant diagnosed with a contagious illness that is a public health concern.
  3. An applicant who has a physical or mental illness, along with associated behavior, that has posed or could pose a danger to their own or others’ property, safety, or wellbeing, and this behavior is likely to recur or lead to further harmful actions.
  4. An applicant is determined to be a drug addict or abuser.

Criminal & Related Grounds

Any non-citizen who has ever been charged with criminal conduct, homicide, narcotics trafficking, human trafficking, genocide, money laundering, etc., is viewed as ineligible for admission to the United States.

Security & Related Grounds

Any non-citizen deemed via the Attorney General or a consular official to pose a risk to the security of the US will be deprived of entry. If the government believes the applicant is attempting in entering the US for engaging in unlawful actions namely violating the law, trying to conquer the government, or contributing in terrorist activities.

Miscellaneous

The subsequent groups are also incapable to obtain a visa:

  1. Individuals entering US with the intention of engaging in polygamy,
  2. A guardian accompanying someone who is barred from entry,
  3. A foreign national who aids in kidnapping,
  4. And previous citizens that gave up their citizenship for avoiding paying taxes

Ineligibility Waivers

The INA permits the visa applicants that were denied for a precise reason for requesting a waiver of that cause. Should the waiver get approved; the applicant may be capable of obtaining the US visa. However, Department of Homeland Security chooses whether to support a waiver for every applicant.

When the visa is refused, the applicant will be informed about the reason & whether they can actually apply for a waiver. A consular officer also offers instructions on ways of requesting a waiver. In general, to get a waiver approved the applicant must meet these conditions:

  1. Have an ineligibility for which a waiver is available.
  2. Aside from the single ineligibility, be entirely qualified for the visa in every other respect.
  3. For any nonimmigrant visa, a consular officer must advise the applicant to the DHS for the waiver.
  4. In case of an immigrant visa, an applicant must confirm the waiver pertains to their precise situation.

Reapplying for a US Visa in Case of a Rejection

If the ineligibility revealed during your preliminary visa application is thought to be short-term, you may reapply should you believe your circumstances have changed. The consular officer will determine if you qualify for the visa.
If your ineligibility is permanent but the consular officer thinks everything else looks good with your application and suggests you request a visa waiver, you still have an opportunity to obtain a visa. During US visa reapplication, always address the earlier ineligibilities or errors with clear instances of changes or explanatory circumstances for strengthening your visa application.

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