Why was my Visa Denied?

• In some situations the consular officer does not have sufficient information needed to process your application to conclusion, or you may be missing some supporting documentation. The consular officer will inform you if information or documents are missing and how to provide it. 
• Some applications may require additional administrative processing after the interview before the application can be processed to conclusion. The consular officer will inform you if additional administrative processing is necessary.
• Based on U.S. law, not everyone who applies is qualified or eligible for a visa to come to the United States. 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 because:

1. The consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa. 
2. The applicant does not qualify for the visa category for which he or she applied. 
3. The information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law. 

Under U.S. law, many factors could make an applicant ineligible to receive a visa. Some of the most common reasons for visa ineligibilities found in the Immigration and Nationality Act (INA) laws are explained below. 

The visa applicant:

1. Did not fully complete the visa application and/or provide all required supporting documentation - INA section 221(g)
2. Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant - INA section 214(b)
3. Was convicted of a crime involving moral turpitude - INA section 212(a)(2)(A)(i)(I)
4. Was convicted of a drug violation - INA section 212(a)(2)(A)(i)(II)
5. Has two or more criminal convictions for which the total sentence of confinement was 5 years or more - INA section 212(a)(2)(B)
6. Did not demonstrate proof of adequate financial support in the United States; therefore denied under public charge - INA section 212(a)(4)
7. Misrepresented a material fact or committed fraud to attempt to receive a visa – INA section 212(a)(6)(C)(i)
8. Previously remained longer than authorized in the United States - INA section 212(a)(9)(B)(i)

Can I reapply for a 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 are found ineligible for a visa, the consular officer will inform you if can apply for a waiver of ineligibility. 

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:

1. Whether a waiver of ineligibility is available for the particular section of law you are ineligible under;
2. 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.
3. 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. Or if you are in the United States you must mail Form I-601, Application for Waiver of Grounds of Inadmissibility, directly to a U.S. Citizenship and Immigration Services (USCIS).