Immigration Articles

U.S.Immigration Attorney

What could be the reasons for a Visa Denial? 

There is only one reason that your Visa could be refused and that is, being ineligible? Now what does being found ineligible mean?

Your visa is refused because the consular officer finds you are not eligible to receive a visa under U.S. law, though you will be provided a reason for the denial. Some of the prominent reasons a visa applicant could be found ineligible for a visa are listed in the Immigration and Nationality Act (INA) and other immigration laws. 

Some of these ineligibilities can be overcome, either by you, the visa applicant, or the U.S. petitioner, in certain immigrant visa cases, while 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 you get a waiver of that ineligibility. 

Some examples of visa ineligibilities are:

• The visa applicant has not fully completed the visa application and / or have not provided all necessary supporting documents - INA Section 221 (g). We have seen      such situation in cases where people hire agents who don’t have enough experience or information. Hiring an Immigration attorney to file and submit any US immigration Form or Documents for you is the best way to prevent your case from getting refused under section 221 (g).

• The Visa applicant has not provided an adequate affidavit of support when it was required; therefore, denied under public charge - INA section 212(a)(4). 

• The visa applicant has misrepresented a material fact or committed fraud to attempt to receive a visa – INA section 212(a)(6)(C)(i)

• If the applicant previously remained longer than authorized in the United States - INA section 212(a)(9)(B)(i)

• The visa applicant has not specified eligibility for the visa category or its purpose may eliminate the notion of being an immigrant - INA Section 214 (b)

• The Visa applicant was convicted of a crime involving moral turpitude - INA section 212(a)(2)(A)(i)(I)

• The Visa applicant was convicted of a drug violation - INA section 212(a)(2)(A)(i)(II)

• The Visa applicant has two or more criminal convictions for which the total sentence of confinement was 5 years or more - INA section 212(a)(2)(B)

Visa denials of the basis of INA section 221 and 212 can be prevented before, if a visa applicant has taken guidance of an immigration lawyer before submission. F4 India Law Firm has successfully handled such cases.