Individuals seeking visas to enter the United States must undergo an extensive application and review process. It includes submitting paperwork and undergoing an interview with a consular officer who will make the determination regarding your visa. Throughout this process, your visa can be denied for a number of different reasons. Some common reasons why your visa may be denied include:
Ineligible For Visa Preference
Applying for the wrong type of visa is one of the most common reasons a visa is denied. This usually happens when an individual applies for a nonimmigrant visa that contains certain restrictions. Correcting this ground of ineligibility can usually be done with the submission of additional paperwork or applying for a different type of visa.
Not Enough Information
Sometimes your visa may be denied because you did not supply enough information to support your application. This generally results in the consulate stating they will not move forward with your application unless you provide the requested information. If you did not provide enough proof for eligibility, you would typically receive a letter indicating why your visa application was denied and the elements you’ll need to submit to continue your application.
Criminal Record
Unlike the other two reasons for denial, a criminal record is an admissibility issue. You cannot simply reapply and supply additional information. You must apply for and receive a waiver. Certain crimes may bar you from entering the United States. There may be exceptions for crimes committed as a minor and those crimes with a maximum penalty of less than a year. You should always speak to your immigration attorney about your criminal record before you apply for a visa.
Health-Related Issues
Sometimes you will be deemed inadmissible due to health-related issues. This can include things like a lack of vaccine information, being currently sick with a contagious disease, having a mental illness that is harmful to others, or being a known
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drug user. You can typically correct this issue by waiting to apply until you are no longer sick or updating your vaccine information. Waivers are not common.
Immigration Bar Or Accumulated Unlawful Presence
Individuals who are deported are considered inadmissible for five years after the date of their removal. In addition, staying in the country illegally for a year or more will result in a 10-year bar. There are a number of exceptions to the unlawful presence bar, so you may want to contact an experienced immigration attorney.
Contact An Experienced Immigration Attorney
If you want to ensure that your visa application is not denied, you should consider consulting with an experienced immigration attorney. At Serving Immigrants, Inc., we’ve been helping individuals with visa applications for over a decade. Contact us online or call us at (305) 907-6151 to schedule a strategy session.
Attorney Magdalena Cuprys is a seasoned immigration lawyer based in Orlando and Coral Gables, Florida. With three languages under her belt and years of legal experience working with immigrants of all kinds, she brings considerable experience and insight to the field and works hard to explain immigration concepts, empower future citizens, and keep current and prospective immigrants up to date on US immigration law.
Connect with her firm, Serving Immigrants, to stay updated on the latest developments in United States immigration law and gain valuable insights needed to navigate the challenging legal landscape of immigration in Florida.
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