U.S. Visa Refusal

Although there are many grounds of ineligibility, we will consider three of the commonly used grounds for refusal:

The visa denial under section 221(g) of the INA means that the consular officer did not have all the information required to determine whether the applicant is eligible to receive a visa. This is not a complete refusal. It means that the applicant is not eligible for the visa now but their case is pending for further action for one of the following reasons:

Applicant will be given a letter stating this and the necessary next-step instructions after the administrative processing is complete.

Where the application is denied under this section because of inadequate information or documentation, an applicant may within one year of the date the decision to refuse and request for information was served on the applicant, supply the information or document to the consulate or embassy. Applicant must complete a new visa application form, although this process does not attract the payment of visa fee. However should the one year limit expire, the applicant must submit a new application and pay another application fee. It must be noted that the submission of additional information or document does not guarantee that a visa will be approved. After submitting the required documentation, the applicant’s visa application will then be processed finally to determine whether or not they qualify for a visa.

If the application requires further processing, this may take additional time after the interview. Processing times may vary according to individual circumstances. Applicant is strongly advised not to make an appointment as the embassy or consulate will contact them.

A denial under S.214 (b) implies that:

Can an applicant appeal against a refusal under section 214 (b) of INA?

A denial under this section does not carry with it any right of appeal; nor can it be reviewed. A refusal under this section is for the specific application, so once a case is closed, the consular section cannot take any further action. However, the denial is not permanent. An applicant may apply again if they consider that they have additional information that was not presented to the consular officer or that which the consular officer should have considered or that there have been significant changes in their circumstances since their last application.

To reapply, the applicant must complete a new application, pay the applicable visa application fee and schedule an appointment for a new interview. Applicant must note that, they will be asked to provide reasons for their previous denial in their new application. The consular officer will review the new application to determine whether the applicant fulfills the qualifying requirements to be eligible for a visa.

If an applicant is denied a visa under this section, this simply means that they attempted to receive a visa or enter the U.S. by willfully misrepresenting a material fact or committing a fraud. A denial under this provision carries the penalty of permanent ineligibility to enter the U.S. This applicant will be refused every time they apply for a visa by reference to this reason.

What constitutes misrepresentation of a material fact?

Misrepresentation means that the applicant falsely presented facts and were not truthful in their attempt to receive a visa or enter the U.S. A fact is considered material as it pertains to this section in the INA, when had the truth been known, the applicant would not have been eligible to receive a visa or enter the U.S.