People are sometimes told that they can’t get a US visa, which can be disappointing. You already know that you need to fill out a US Visa application if you want to visit the US or renew your visa. Your Visa can sometimes be given, but sometimes it can’t.
Visa refusal means that you can’t get into a certain country because your visa application was turned down. You might not get a visa if you can’t show that you’re allowed to go to a certain country.
Also, there are many things that make someone eligible to enter the United States of America. If any of these things aren’t there or aren’t good enough, a Visa can be refused or turned down.
So, this article will explain why a US visa can be turned down, what an ineligibility waiver is, how to reapply if your visa is turned down, and how to get your money back if your US visa is turned down.
What Does “US Visa Refusal” Mean?
Visa refusal means that your application for a visa to come to the United States of America was turned down. You might not get a US visa if you can’t show that you’re allowed to go to the United States of America.
Also, the United States has a very detailed and specific visa policy that is used to decide whether or not an application will be accepted. So, after a careful look at your Visa application and an interview with you at the US embassy, the consular can say no to your Visa if it doesn’t meet the rules for acceptance. If not, your visa can still be accepted and you can get permission to travel to the US.
Why a US visa is turned down
In general, a US Visa can be denied for a number of reasons. Section 104(a) of the Immigration and Nationality Act, which is part of US immigration law, says that only consular officers at US Embassies and Consulates can approve or deny visa applications that don’t meet US immigration law.
In most cases, if a visa is denied, the US embassy or consulate around the world will tell and show the applicant why the visa was denied and what part of the law was broken. Some of these could be:
1. Application or supporting documents that aren’t complete
2. Visa Qualifications and Immigrant Intent
3. Duty to the public
4. Fraud and making false claims
5. Being in the U.S. without permission
1. Application or supporting documents that aren’t complete
A visa denial under INA section 221(g) means that the applicant did not give the consul a complete application with all the necessary information or that supporting documents were missing. This does not mean that your application has been turned down, because you still have time to fix your mistake and give the embassy the missing information or supporting documents before a final decision is made about your case.
When you are told that your application is not complete, you will get a letter that explains why you are not eligible and what information or document is missing. You will have one year to send them in, because if you don’t, your case will be thrown out and you will have to start over, including paying a new visa fee.
Under this section, the embassy or consulate may also decide to process your application further, which means they will do more security checks or investigations, often through another agency. After the visa interview, most of the administrative work is done within 60 days. But if the case is sent to the United States Citizenship and Immigration Services (USCIS) or another agency, it could take several months to finish.
2. Visa requirements and intent to live in the country
Under this part of the visa law, applicants for nonimmigrant visas can only be turned down. The denial of a visa application under INA section 214(b) means that the applicant failed to convince the consular officer that he or she qualifies for the nonimmigrant visa he or she applied for, and also that the applicant has strong ties with his or her home country and does not intend to immigrate to the US.
When it comes to strong ties, the applicant can best prove that he or she does not intend to stay in the US if he or she:
• has a job
• Is married, in a relationship, or engaged
• or has a house, land, or other property in his or her home country
• is a parent (to whom the applicant is the legal tutor)
• and gets along well with his family and friends.
Note: The applicant can’t make a case for why they shouldn’t be eligible. But since it is not permanent, the applicant could reapply if they thought their situation had changed in a big way. If you want to apply again, you’ll have to pay the visa fee again and set up a new interview date.
#3. Public Charge
If your visa application is denied under section 212(a)(4) of the INA, it means that the consular officer thought it was very likely that you would become a “Public Charge,” which means you would depend on the US government for your life and money once you moved there.
Since this is not a permanent disqualification, there are ways to get around it.
Applicants for an Immigrant Visa
Immigrant visa applicants who were turned away from the US because of INA section 212(a)(4) can still reapply for a visa if they have an Affidavit of Support from a sponsor who meets the requirements. This is a document that says a US citizen or resident will pay for an immigrant’s living expenses while he or she is in the US. The sponsor’s bank statements or pay stubs should be sent with the Affidavit of Support to show that he or she can pay for you.
Some visa types don’t require an Affidavit of Support, so you’ll have to show that you won’t be a financial burden on the US government by doing one of the following:
- Your money (you will have to prove you have enough money through a bank statement, pay slips, and other ways.)
- An offer of work in the U.S.
But showing these things won’t guarantee that you’ll get a visa. The consular officer will decide if the proof of financial support you show is enough to get around the fact that you’re not eligible.
Applicants for a non-immigrant visa
INA section 212(a)(4) says that nonimmigrant visa applicants who were turned away from the US must show that they can pay for themselves while they are there. The consular officer will look at your documents again and decide if you have enough money to get around not being eligible.
4. Fraud and making false claims
If you try to obtain a visa by falsely representing facts or committing fraud, then your visa application will be rejected under INA section 212(a)(6)(C)(i) (i). Fraud is when you try to hide the fact that you have family in the US or that you have been found guilty of a crime in the past. This makes you permanently ineligible, so no matter how many times you try to get a visa, you won’t get one.
If there is a possibility to apply for an ineligibility waiver, then the consular officer will advise you to do so.
5. Being in the U.S. without permission
If you were denied permission to enter the US under INA section 212(a)(9)(B)(i), this means that you were thought to be in the country illegally, which is why your visa was denied. That means that you either:
• You stayed in the US past the time you were allowed to, and you didn’t ask to stay longer.
• You came to the US and stayed there without first getting permission from Customs and Border Protection.
If you have been in the US illegally for more than 180 days but less than a year, you won’t be able to get a visa for three years after you leave. On the other hand, you won’t be able to get a visa for 10 years after leaving the US if you stayed there illegally for more than a year.
Other reasons why someone might not be able to get a US visa
Other reasons why you might not be able to get a visa to the US besides the ones listed above are as follows:
#1. Health-related grounds
People with the following health problems are not allowed to get a visa to the US:
• Applicants who are found to have a communicable disease that is important for public health.
• An applicant with a physical or mental disorder and behavior related to the disorder that poses or has posed a threat to the property, safety, or welfare of himself or herself or others, and that behavior is likely to happen again or lead to other harmful behavior.
• A person who applies for a job and is found to be a drug abuser or addict.
2. Crimes and other related reasons
Any foreigner who has ever been convicted of a crime, such as murder, drug trafficking, human trafficking, genocide, money laundering, etc., is not allowed to enter the United States.
#3: Safety and other reasons
If a consular officer or the Attorney General thinks that a foreigner is a threat to the security of the United States, that person will not be allowed to enter. If the government thinks that the applicant wants to come to the US to break the law, try to control or overthrow the government, or do terrorist activities, they can deny the application.
The following people can also be turned down for a US visa:
• Foreigners coming to the US to practice polygamy
• A guardian who comes with a person who shouldn’t be there
• An outsider who helps kidnappers
• Also, people who used to be citizens but gave up their citizenship to avoid paying taxes.
Ineligibility Waivers
Most of the time, the consular officer will tell the applicant to apply for a waiver of their ineligibility, if that is what they need to do. The reasons for not being able to get a visa could be temporary or permanent.
People who are temporarily ineligible for a visa can reapply for one if they are no longer ineligible.
People who are permanently ineligible, on the other hand, can only apply again if the Department of Homeland Security gives them permission to do so.
So, the Immigration and Nationality Act (INA) lets people who were denied a visa because they didn’t meet certain requirements apply for a waiver of those requirements. If the application is accepted, the applicant could get a US visa. But it is up to the Department of Homeland Security to decide for each visa applicant whether or not to grant a waiver.
When a visa is turned down, each applicant is told why they are not eligible and if they can apply for a waiver. The person at the consulate will also tell you how to apply for a waiver.
Conditions that make you not eligible Waiver
• Have a reason for not being eligible that can be waived.
• People who want to get migrant visas should make sure that the waiver fits their situation in particular.
• Have only one reason why they can’t get the visa, even though they meet all the other requirements.
• People who want a nonimmigrant visa should also be referred to the DHS for a waiver by the consular officer.
US Visa Reapplication
If the reason you weren’t approved the first time is thought to be temporary, you can reapply for a visa if you think your circumstances have changed. The person at the consulate will decide if you can get the visa or not.
If your ineligibility is found to be permanent, but the consular officer thinks that everything else about your application is fine and tells you to apply for a visa waiver, you still have a chance to get a visa.
Refund fee for Refusal Visa
You can get your visa application fee back. This means that if a foreigner who wants a visa to enter the US applies for one and is turned down, he or she will not get the money back for the application fee. If you want to reapply, you have to pay the fee again.
FAQs
What happens if your visa to the US is turned down?
When your visa application is denied under section 221(g), you will get a letter telling you about it. You will then have 12 months from the date of the letter to send the requested documents without having to reapply or pay a new visa application fee.
Can you apply for a US visa after refusal?
Look honestly at your life and your history of entering the U.S. to find out why you were denied a tourist visa. You can’t argue with the consular officer’s decision, but the good news is that it’s not final and you can apply for a visa again at any time.
How do I get my US visa approved?
You can also reapply for a visa if you were turned down the first time, but make sure to bring the best evidence to back up your case. Contact the U.S. consulate or embassy in your country to find out what you need to do to reapply.
What’s the difference between being denied a visa and being turned down?
Visa refusal means that you can’t get into a certain country because your visa application was turned down. You might not get a visa if you can’t show that you’re allowed to go to a certain country.
What do visa checkers in the US look for?
Visa Interview Questions. The visa officer will ask you questions about what you want to study, where you want to go to school, how well you do in school, how much money you have, and what you want to do after you graduate. The hard study plan will test how interested you are in the field of study you choose.
Do people who give visas look at social media?
When making a decision about your application, it’s not unusual for a case officer to look at your social media accounts. It is common knowledge in the business world that Case Officers can and do check social media accounts when deciding whether to approve certain visa applications.
Can you appeal if a visa is turned down?
Most of the time, only the petitioner can file an appeal or motion for a visa petition that has been denied or revoked.
How long do I have to wait before I can try again after a US visa was turned down?
Do people who were turned down have to wait three to six months before they can try again? There is no limit on how long you have to ask for a refusal. A visa application can be resubmitted if more information or supporting documents are found that show the applicant is eligible for a visa.
Conclusion
A consular at the US embassy in your country has the right to refuse or reject your visa, but they must tell you why. But we think you understand why your visa could be turned down, which will help you plan your trip so that your visa won’t be turned down. Our website also has information about visas like the F1 visa, the H1B visa, the E2 visa, the K3 visa, and others.
