Making The American Dream Attainable

How does someone deal with a visa denial?

On Behalf of | Oct 16, 2020 | Immigration |

Applying for a visa from the U.S. Embassy or Consulate requires completing the necessary application and providing all required documents. Not every visa application turns out as expected; the applicant may suffer a denial, leaving relatives or friends in Florida wondering what steps are next.

Denials and approvals do not occur arbitrarily. U.S. law defines the requirements for approvals, and consular officers must follow the law when rendering a decision. The applicant, however, may not understand the law and find the reasons for a denial puzzling.

The denial should come with an explanation and a reference to applicable U.S. law. In some cases, the denial might be process-based. That is, the applicant did not submit all the required documents for approval, or they might not be eligible for a particular visa. Some applicants may even be inadmissible for criminal convictions on their records. The consular officer will provide a response that details the reason for the denial.

A denial does not necessarily mean that the applicant must accept a final decision. Options exist to take the matter another step further. For example, an applicant may apply for a waiver of ineligibility. Such waivers go directly to the Department of Homeland Security. Someone who receives a denial for being a “public charge” could ask for a waiver and even provide proof refuting the notion he or she is a public charge.

The Department of Homeland Security is under no obligation to approve a waiver, so no applicant should expect a guaranteed result. However, submitting a professional and complete request for a waiver might work in the applicant’s favor. Someone interested in procuring a waiver for an immigration visa may wish to hire an attorney to compose a well-crafted waiver request.