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Posted by on Oct 8, 2012 in Resources, US Visa

Common Reasons for US Visa Denial

US Visa Philippines -- Common Reasons for US Visa Denial

Any foreign citizen who wishes to enter into the United States is required to have a USA visitor’s  visa. The US visa must be stamped/placed in the traveller’s passport. There are certain international travellers who may be eligible to travel to the United States without a visa provided they meet the requirements for visa-free travel to USA. Specific visa types correspond based on the purpose of the travel to the US. For tourism, business, or medical treatment, the visa type is generally known as the “B1/B2” visa.

There are many reasons for US visa denial or refusal. There are some instances where the visa application is denied because of the applicant’s incomplete submission of necessary information or supporting documents. There are other instances where the application is denied due to more serious reasons. An example that would make an applicant ineligible for US visa would be an applicant’s current and/or past actions- drug-related or other criminal activities.

If a visa application is denied, the applicant is given a reason pursuant to the section of the law that applies. Consular officer advises applicants if they may apply for a waiver of their ineligibility. Some of the most common reasons for visa ineligibilities with the corresponding references to the Immigration and Nationality Act (INA) and other immigration laws are listed below.

US Visa may be denied if the visa applicant:

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

Out of the above reasons for ineligibilities, the most common refusals are under Section 221(g) and Section 214(b) of the US Immigration and Nationality Act:

  • INA section 221g : If any information or documents missing. Consulate will tell you the list of missing or additional documents needed. You can submit those documents in timely manner and consulate will evaluate and after their processing consulate will make the final decision.
  • INA section 214(b) : Refusals under Section 214(b), suggest that you do not qualify for the visa , or do not meet the qualifying criteria example : you do not have enough ties, Or you have not overcome a presumption that you are using the visa to immigrate or work illegally in the United States.

There are some cases when ineligibilities can be overcome by the visa applicant or the US petitioner in certain immigrant visa cases. There are also ineligibilities which are permanent – this means that you will be refused a visa every time you apply based on the same reason for your first ineligibility. Only a waiver of that ineligibility, authorized by the Department of Homeland Security will wipe out such permanent ineligibility.

Visa application consultation rose because of these common reasons for US visa denial. Although it is not a prerequisite to consult professionals and consulting professionals do not guarantee visa approval, it still depends on the consulate; some still seek advice for guidance. Knowing how to answer in front of a consulate in a calm and more relaxed manner is a big plus factor.