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).

Adjustment of Status in the United States when the DV selectee is already in the United States

If you receive notification through the E-DV website that you have been selected for further processing in the DV Program, and you are physically present in the United States, you may be eligible to adjust status to obtain permanent residence through the DV Program.

How do I find out if I can Adjust Status if I am in the United States?

To determine whether or not you may adjust status to obtain permanent residence through the Diversity Immigrant Program, while physically present in the United States you must establish that you:

1. Have been selected for a diversity visa by DOS’s lottery;
2. Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and
3. Are admissible to the United States.

The option to adjust status in the United States may not be available to all applicants!

I am Eligible to Adjust Status, Now What do I do?

If USCIS confirms your eligibility to adjust status you should print this message and take it to your local USCIS office. USCIS will provide instructions on how to proceed. It will not be necessary for you to contact the Kentucky Consular Center (KCC) for any further information or instructions if you are eligible and apply to adjust status in the United States.

If USCIS determines that you are eligible to adjust status you will be required to pay a non-refundable diversity visa fee directly to the Department of State. This fee is assessed to cover the cost incurred by the Department in running the DV Program and is separate from any fees you will need to pay USCIS as part of your adjustment application. You must pay the diversity visa fee for yourself and for each member of your immediate family who plans to adjust status with you in the United States.

You must complete payment of the Diversity Visa fee before processing your case can continue. 

When Paying Adjustment of Status Fees Include:

1. All information completed below.
2. A cashier’s check or postal money order for the correct Diversity Visa Lottery fee amount ($205.00 times the number of persons adjusting status in the U.S.) , with the DV case number noted on the cashier’s check or money order.  You, the selectee in the United States, must pay the diversity visa fee for yourself and for each member of your immediate family also in the United States who plans to adjust status with you here.
3. A self-addressed stamped envelope.

Mail Payments To:

U.S. Department of State
Diversity Visa Program
P.O. Box 979079
St. Louis, Missouri 63197-9000

DV Program Case Number: _______________________________________

Selectee Surname _____________________________________________

Selectee Given Name ___________________________________________

Address ______________________________________________________

City: State: Zip Code: ___________________________________________

Payment for ____________ persons adjusting status in the U.S. (Number of Persons)

Total Amount enclosed ____________________ (Fee amount times the number of persons adjusting status in the U.S.)Bring the receipt that is mailed back to you to your interview at USCIS. Please include your DV case number on your cashier’s check or postal money order. The address on the receipt form should be used only for fee payment.

Can my spouse and children still apply under the Diversity Visa program?

When you adjust status in the United States, if your spouse and/or children live outside the U.S., they may be eligible to apply for Diversity Immigrant Visas at a U.S. Embassy or Consulate abroad, if they were listed on your Diversity Visa online entry, with few exceptions. However, the U.S. Embassy or Consulate cannot process your family members' applications until notification is received from USCIS advising that you have adjusted status.

Note: USCIS will not automatically notify the U.S. Embassy or Consulate that you have adjusted status and that your family members will apply abroad for their visas to join you. You must request USCIS to notify the U.S. Embassy or Consulate where your family intends to apply, and the U.S. Embassy or Consulate will provide all further instructions. (In this situation, documentation is not submitted to KCC for a spouse and children.) The U.S. Embassy or Consulate must also be notified of the address where your family members can be contacted to schedule an interview.

Please remember that your spouse and/or children must apply for and be issued immigrant visas before the Diversity Visa Program ends on September 30, each year. Ensure that the U.S. Embassy or Consulate receives notification from USCIS in time to process the visas before the end of the DV year. They will not be eligible to apply for or be issued visas under this program after the closing date.

Family members living overseas will pay the diversity immigrant visa fees at the U.S. Embassy or Consulate where they will receive their visa. The fee for these family members must not be paid in the United States($205.00/person) .

A comprehensive guide for selected DV Lottery Applicants: Step 7

Step 7: After the Interview

At the end of your immigrant visa interview at the U.S. Embassy or Consulate, the consular officer will inform you whether your visa application is approved or denied.

Visa approval - When approved, you will be informed how and when your passport and visa will be returned to you.

Visa denial - If denied, you will be informed why you are ineligible to receive a visa.

Note: Some visa applications are denied because they require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on individual circumstances of each case.

Visa Approval - When You Receive Your Visa

Passport with Visa - Your diversity visa will be placed on a page in your passport. Please review the printed information right away to make sure there are no errors. If there are any spelling errors, contact the embassy or consulate promptly. 

Sealed Immigrant Packet - You will also receive a sealed packet containing documents that you must present to U.S. Customs and Border Protection (CBP) at a port-of-entry (often an airport) upon your arrival in the United States. You must not open the sealed packet. 

When You Should Travel - You must arrive and apply for admission in the United States no later than the visa expiration date printed on your visa. A diversity visa is usually valid for up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months. 

USCIS Immigrant Fee - You must pay the USCIS Immigrant Fee ( 220 USD) to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States. Important Notice: USCIS will not issue a Permanent Resident Card (Form I-551 or Green Card) until you have paid the fee.

Vaccination Records - Children are required to have certain vaccinations before they can enroll in school in the United States. Therefore, it is recommended that your child have complete vaccination records before immigrating. 

X-rays - You must hand-carry your X-rays with you, not pack them in your luggage. 

Entering the United States

When traveling to the United States, the primary (or principal) applicant must enter before or at the same time as family members with visas. With your diversity visa (before it expires), and your sealed packet, you will travel to a U.S. port-of-entry (often an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States.  The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to grant or deny admission.

If you are admitted, you will enter as a Lawful Permanent Resident, also called a green card holder, and will be permitted to work and live permanently in the United States.

A comprehensive guide for selected DV Lottery Applicants: Step 6

Step 6: Visa Applicant Interview

Prior to your interview, ensure you have followed the U.S. Embassy or Consulate interview preparation instructions. On the scheduled date and time of your interview appointment, go to the U.S. Embassy or Consulate. A consular officer will interview you (and accompanying family member beneficiaries) and determine whether or not you can receive an immigrant visa. As part of the interview process, ink-free, digital fingerprint scans will be taken.

Who Must Attend the Interview?

You, your spouse, and any qualified unmarried children immigrating with you must participate in the interview. If your spouse and/or qualified unmarried children will immigrate at a later date and travel separately from you, they are not required to participate in your interview. They will be scheduled for a separate interview appointment. You should contact the U.S. Embassy or Consulate directly to arrange separate interviews, if needed.

What to Bring to the Interview

Appointment Letter - Your appointment information from the Entrant Status Check on the Electronic Diversity Visa (E-DV) website. 

DS-260 Confirmation Page - You can print this from the Consular Electronic Application Center any time after you complete your DS-260 application.
Passport - For each applicant, an unexpired passport valid for six months beyond the intended date of entry into the United States

Photographs - Two identical color photographs for each applicant. Photos must meet the standards explained in the Photograph Requirements.

Medical Exam Results - If the panel physician gave you sealed envelopes containing each applicant’s medical examination results, please bring those unopened envelopes. Some physicians send the medical examination results directly to the U.S. Embassy or Consulate. 

Original and Supporting Documents - Original documents or certified copies, and one photocopy of each document (with the exception of your passport and photographs) are required for you and each family member applying for a visa. Your original documents will be returned to you when the interview has been completed. The photocopies will be kept.

English Translations - If documents require English translation, you must obtain certified translations and present them on the day of your interview. 

Visa Fees - If you did not pay your visa fees prior to your interview, you will need to pay them before speaking with a consular officer.

Important Notice

You should not make permanent financial commitments, such as selling your house, car or property, resigning from your job or making non-refundable flight or other travel arrangements until you have received your immigrant visa.

Additional Information

I need to reschedule my appointment - If you cannot appear at your scheduled interview, contact the U.S. Embassy or Consulate as soon as possible. Under U.S. law, all diversity visas for a fiscal year must be issued prior to September 30. Available visas for some countries and regions may be used up prior to that date. If you delay your appointment, you may lose your opportunity to immigrate on the basis of your DV application.

I would like my spouse and/or children to follow me to the United States after I immigrate. Can they do that? - Yes, but remember that all diversity visas for a fiscal year must be issued by September 30. Available visas for some countries and regions may be used up prior to that date. If your spouse and children delay obtaining their visas, they may lose their opportunity to immigrate on the basis of their DV applications. If this happens, you will need to file a petition to bring your family to the United States at a later date. If they do not obtain diversity visas prior to September 30, your spouse and/or children may have to wait several years to join you.

Can my spouse or children receive diversity visas, even if they were not on my original entry? – If you were married, or your child was born or adopted after you submitted your entry to the DV program, you can add them to your case and they may be eligible to receive diversity visas. 

If you were married or had children prior to entering the DV program, and you failed to include your family members on your original entry, your case will be disqualified.  Neither you nor your family members will receive visas.  Your fees will not be refunded.

My child will turn 21 years old soon - Children generally must be unmarried and under age 21 to qualify as derivative applicants. Also, they generally must use their visas to enter the United States while still under age 21. 

If you have a child who will be turning 21 soon, you should immediately contact the U.S. Embassy or Consulate where your interview is scheduled. The U.S. Embassy or Consulate will determine whether an earlier appointment is needed. If your child no longer qualifies to immigrate with you based on age, then a separate petition must be filed for the child after you immigrate.There may be a significant delay before your child becomes qualified for a visa.

A comprehensive guide for selected DV Lottery Applicants: Step 5

Step 5: Prepare for the Interview

You should prepare for your interview thoroughly and carefully. Failure to be fully prepared for your interview at the U.S. Embassy or Consulate can result in delay or denial of your visa application. 

After you have been notified of your scheduled interview, you will need to take the following important steps in advance of the interview date:

1. Carefully Review your scheduling information in the Entrant Status Check on the E-DV website, noting the date, time, and location of your immigrant visa interview.

2. Review U.S. Embassy or Consulate Interview Instructions 

There may be additional instructions provided by the U.S. Embassy or Consulate where you will be applying and be interviewed, so please review those instructions carefully. To see this information, select below the U.S. Embassy or Consulate where you will be interviewed. Please note that some of the information included in these instructions may apply to immigrant visa classifications other than diversity visas. If you have questions about the country-specific information included here, please contact the embassy or consulate where you will apply for your visa.

3. Schedule and Complete a Medical Examination

You (and each family member applying for a visa with you) are required to schedule a medical appointment with an authorized physician in the country where you will be interviewed. You must complete your medical examination, along with any required vaccinations, before your scheduled visa interview date. When your medical exam is completed, if you are given a medical exam envelope, you must bring it sealed (not opened) to your visa interview. Some physicians will send the medical exam results directly to the embassy or consulate.

A list of authorized physicians for the U.S. Embassy or Consulate where you will apply is provided. You must contact a physician and schedule your medical appointment. The embassy or consulate will not do this for you. Explain that the examination is for an immigrant visa application and give the physician the date of the interview appointment. The physician will tell you the cost of the examination and tests. Please note that some of the information included in these instructions may apply to immigrant visa classifications other than diversity visas. If you have questions about the country-specific information included here, please contact the embassy or consulate where you will apply for your visa.

4. Gather Photographs and All Remaining Required Documents

Photographs

Each DV applicant will need to bring two (2) identical photos to the interview. Photos used in applying for the DV will be acceptable.

Required Documentation

Each applicant will be required to present the following:

• Appointment information printed from the Entrant Status Check on the E-DV website.
• DS-260 confirmation page You can print this from the Consular Electronic Application Center any time after you complete your DS-260 application.
• Passport(s) valid for six months beyond the intended date of entry into the U.S. for you and each family member applying for a visa.
• Original documents or certified copies of all applicable civil documents, and one photocopy of each document.

5. Review Additional Information - Visit the U.S. Embassy or Consulate website where you will be interviewed for any additional information.

Paying Fees

Before being interviewed, each applicant must pay the Diversity Visa Lottery fee. For DV-2018 and DV-2017 applicants the fee is $330 per person. This fee is nonrefundable, whether a visa is issued or not. 
Fee payment procedures vary between different U.S. Embassies and Consulates. At most locations, you should make arrangements to pay your fees before your interview date and time by following the instructions of the U.S. Embassy or Consulate where you will be interviewed. A few U.S. Embassies and Consulates collect fees in the consular section at the time of your interview. Be sure you have looked at the specific instructions for the U.S. Embassy or Consulate where you will be interviewed so that you can follow the appropriate procedures.

Other fees may apply to other parts of the process, such as medical exam fees, or local government fees to obtain certified copies of records.

A comprehensive guide for selected DV Lottery Applicants: Step 4

Step 4: Interview

After the Kentucky Consular Center has reviewed your completed DS-260, you may receive an e-mail from KCC to let you know that an interview has been scheduled at the U.S. Embassy or Consulate you selected on your DS-260 form. The e-mail will instruct you to log into the Entrant Status Check on the Electronic Diversity Visa (E-DV) website, using your DV entry confirmation number, to view the date, time and location of your interview. Print this information to take with you to your interview. You will need to be present at the interview, as well as your spouse and children (as applicable) who are applying for a diversity immigrant visa.

Note: You will only be scheduled for an interview when and if there is a visa number available for you. Visa number allocations are determined by provisions of the Immigration and Nationality Act (INA) which determines the number of diversity immigrant visas available each year. The total number of diversity visas is allocated by visa category and region of the world. The allocations are revised monthly as available visas are issued. Each month the Department of State publishes the Visa Bulletin which contains important information about updated allocations and the likelihood of a diversity visa number being available. Anyone may view the most recent updated information by clicking Visa Bulletin.

Your completed Form DS-260 will be accessible by the U.S. Embassy or Consulate where you will be interviewed. You do not need to fill out a new application.

Important Applicant Notice

Based on U.S. law, not everyone who applies for a visa will be found eligible to come to the United States. There are a number of possible reasons why someone might not qualify for a visa. The circumstances of each case are different. Approved visas generally are not available on the day of interview.

It is important that you do not make arrangements such as selling your house, car or property, resigning from your job or making non-refundable flight or other travel arrangements until you have received your immigrant visa.

The new Green Card and Employment Authorization Documents

The redesigned Green Card and Employment Authorization Documents

U.S. Citizenship and Immigration Services announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS began issuing the new cards on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.

The new Green Cards and EADs :

• Display the individual’s photos on both sides;
• Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
• Have embedded holographic images; and
• No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card.

 Some older Green Cards do not have an expiration date.  These older Green Cards without an expiration date remain valid. Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen. 

Eligibility for Green Cards and EADs

For more information about the Green Card application process, please visit uscis.gov/greencard.

To request an EAD, you must file Form I-765, Application for Employment Authorization.