Consular denials in Bolingbrook can be devastating and confusing to family and friends of a prospective immigrant, and scary to the person who has had their visa application denied. They want to know why the government denied the application and what can be done to reverse the outcome.
There are steps that can lead to a successful result after a visa denial at the consular level, but it is essential to follow proper procedures and present persuasive evidence. Many visa applicants and their families find it helpful to work with an experienced immigration lawyer to fight back against a denial.
The Background of Consular Denials
By the time prospective immigrants reach the interview stage at a U.S. consulate or embassy, they often feel like they can see the finish line ahead. At that point in the process, U.S. Citizenship and Immigration Services (USCIS) has approved a petition for immigration, which is one of the most significant hurdles. Additionally, the National Visa Center at the U.S. State Department would have notified the applicant that a visa is available and has collected and processed all necessary materials.
At the embassy or consulate, the prospective immigrant would then undergo an interview, and await word as to the status of the visa application. If the staff member conducting the interview raised no apparent concerns, the applicant may feel assured of a positive outcome. However, with increasing frequency, Bolingbrook family members are learning that their loved one was subject to a consular denial.
The Reasons for a Consular Denial
The first crucial step after receiving a consular denial is to understand the justification for the government’s denial of the visa application. If the staff member completing the interview does not orally explain the grounds for denial, the reasoning should be explained in a written statement. A lawyer could seek clarification if the justification for denial is ambiguous.
The State Department might deny a visa application on many grounds. They may determine that the applicant is classified as “inadmissible” under the Immigration and Nationality Act or that USCIS was mistaken in approving the earlier petition for immigration because of fraud, misrepresentation, or other issues. Common reasons seen in Bolingbrook for consular denials include:
- Likelihood of becoming a public charge
- Medical issues
- Misrepresentation or fraud
- Multiple criminal convictions
- Crimes involving moral turpitude
- Unlawful presence in the U.S.
The reason for the denial will determine the options available for challenging the decision.
Steps to Take After Consular Denials
If an applicant has been denied a visa on the grounds of inadmissibility, it may be possible to seek a waiver of inadmissibility. However, waivers are not available in certain cases, such as when a visa applicant has been found guilty of espionage or terrorist activity.
An applicant for an immigrant visa may request a reconsideration by filing a Motion to Reconsider. This legal form should be properly prepared, presenting all legal arguments and supporting documentation. Doing this alone is difficult, so it may be necessary for you to work closely with a dedicated and compassionate attorney.
Help After Consular Denials in Bolingbrook
A consular denial may be based on legal or factual grounds, and any action to address the denial should be with an attorney. An experienced immigration lawyer could review the circumstances after consular denials in Bolingbrook and determine the best strategy for seeking a reversal.
A consular denial is frustrating, but it does not have to be the final answer in the visa application process. Applicants who understand how to make a compelling case for reversing the decision may succeed in obtaining a visa. Call now to learn how legal counsel could help you.