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What to Do if a Family Member’s Visa is Refused or Denied
Contributor: Van T. Doan
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One of the advantages of being a U.S. citizen or lawful permanent resident (green card holder) is the ability to sponsor a family member for immigration to the United States. Citizens can sponsor their spouses or fiancé(e)s, children, family members and siblings; green card holders can sponsor their spouses and unmarried children.
Applying for a Visa
The process begins when the U.S. sponsor files Form I-130, otherwise known as “Petition for Alien Relative,” along with any required supporting documents and a filing fee. USCIS will review the petition. If USCIS approves the petition for an intending immigrant who is outside the United States, the case goes to the National Visa Center (NVC) for further processing. Depending on the relationship between the sponsor and intending immigrant, the intending immigrant may be able to apply for a visa immediately or may need to wait for a visa to become available.
If a visa is available, an intending immigrant who is outside the United States must pay a fee to the NVC and complete Form DS-260 online. In addition to completing Form DS-260, the intending immigrant must submit certain documents to the NVC. The NVC will review the documents and either accept the documents and schedule the interview at the consulate. The NVC may also reject the document submission and request additional documents.
If the intending immigrant is presently inside the U.S., and if a visa is immediately available, they must file Form I-485 Application to Register Permanent Residence or Adjust Status, as well as attending a biometrics appointment and an interview if one is required.
However, the issuance of a visa is not guaranteed. An immigrant visa may be refused or denied for various reasons; let’s talk about what to do if that happens to your loved one.
What Does Refusal or Denial Mean?
Though it is common to speak of a visa application as being “denied,” what many people mean when they say that is that a visa was refused. What’s the difference? Typically, a denial is more serious than a refusal, though both can be overcome with the right help.
A visa refusal usually means that a consular officer has determined that either there are problems with the visa application, or that the intending immigrant does not meet the requirements for the visa category. Often, incomplete or missing documentation can lead to the refusal of a visa under Section 221(g) of the Immigration and Nationality Act. A refusal may be relatively easy to resolve by providing additional documents, or addressing administrative issues. It is important to understand why a visa application was refused in order to take corrective action.
Denial of a visa is more serious than refusal, and depending on the circumstances may be permanent. Visa denial typically happens when there are grounds for the applicant’s inadmissibility to the United States, or some other serious failure to meet requirements for the visa. Grounds for inadmissibility may include criminal history, serious health issues like untreated communicable diseases, or prior immigration violations.
Next Steps After a Visa Refusal or Denial
A visa refusal or denial can feel like a serious roadblock, but it may be only a temporary setback. The first thing to do is to find out why the visa was not issued. The U.S. consulate that refused or denied the visa or USCIS should give the applicant a written notice of the reason. The notice will contain a reference to the specific immigration law on which the refusal or denial was based.
Your next step is to determine if it is possible to overcome the visa refusal or denial. If the visa was not issued because of missing documentation, your family member may be able to reapply with the correct or complete documents.
If the application was denied on grounds of inadmissibility, the applicant may need to apply for a waiver of inadmissibility. One component in consideration of waiver is whether the inadmissibility of the applicant would cause a serious hardship to a qualifying family member in the United States—such as if the qualifying U.S. family member was counting on the intending immigrant for personal care or financial support.
Certain types of visa refusals or denials are appealable. As a general rule, a notice from the consulate or USCIS will include instructions on how to file an appeal. If instructions for appeal are not included in the notice, the denial or refusal is probably not appealable. In many cases, reapplying for a visa is quicker even when an appeal process is available.
Contact an Experienced Immigration Attorney
It is possible to navigate a family member’s visa refusal or denial without an immigration attorney’s help—but it’s much easier, and less stressful, to involve an experienced attorney.
Immigration law is complicated, and even with a notice provided by USCIS or a consulate, it can be difficult to understand the reason a visa wasn’t issued. An immigration attorney has the legal knowledge to explain the problem and options for what to do next. For example, an attorney may be able to determine whether a consular officer made a mistake in processing the visa application. If it is necessary to appeal a refusal or denial, or apply for a waiver of inadmissibility, an attorney’s skill is invaluable.
To learn more about how to help a family member whose visa application has been denied or refused, or get help regarding your own visa application, contact our law office to schedule a consultation.
Categories: Immigration Law