The provisions of United States law usually require applicants for a visa to enter the country to undergo an interview by a consular officer at either a U.S. consulate or embassy. Following the interview, the U.S. State Department applies current legal standards to determine whether to approve or deny the visa application.
While a large number of applications in Oak Brook are approved, many may be denied for different reasons. In most cases when an application is denied, the applicant receives notification of the reason for the denial and the applicable laws, as well as about whether he or she is eligible to apply to have his or her ineligibility waived. A knowledgeable visa attorney could help applicants learn about their legal options.
Denials Based on Lack of Information
In many cases, a visa application in Oak Brook may be denied because the consular officer lacks sufficient information to decide whether the applicant is eligible for the visa. The applicant may not have fully completed the application or may have failed to supply the required documentation.
If an application is denied because it is incomplete, the applicant will be informed about what information is needed and how to correct the deficiency. The missing information or documentation must be supplied within one year of the refusal. If not, the applicant would have to start over with a new application and a new fee.
Sometimes applicants are told that their applications will require additional administrative processing before eligibility can be determined. In these cases, applicants will be informed of the next steps to take after processing is complete.
Denials Based on Ineligibility
Consular denials may also be based on a finding that an applicant is ineligible for the visa applied for. Lack of eligibility could be due to failure to qualify for the visa category under which the applicant filed, or failure to demonstrate adequate financial support in the United States. A denial could also be based on past actions such as:
- Remaining in the U.S. longer than authorized
- Committing fraud to try to obtain a visa
- Conviction for a drug violation
- Conviction for a crime involving moral turpitude such as murder, domestic violence, theft and more
- Two or more criminal convictions with a combined sentence of five years or more
Sometimes, the reason for ineligibility can be overcome. For instance, it may be possible for an applicant to present an affidavit of support from a sponsor to demonstrate that he or she will not become a public charge. In other cases, however, ineligibility will permanently bar the possibility of obtaining a visa unless the applicant receives a waiver. An experienced attorney in Oak Brook could help an applicant determine whether he or she is eligible for a visa.
Overcoming Consular Denials with a Waiver of Ineligibilities
The Immigration and Naturalization Act (INA) describes the reasons an applicant may be found to be inadmissible and the situations where inadmissibility may be waived. The Department of Homeland Security makes the decision as to whether to grant a waiver at its own discretion.
In many cases, those seeking a waiver file a Form I-601, Application for Waiver of Grounds of Inadmissibility. Waivers may be granted based on various grounds, such as a showing of extreme hardship or that ineligibility was based on a minor offense and that the applicant has been rehabilitated.
Assistance in responding to consular denials in Oak Brook may be available from a qualified immigration attorney. A skilled lawyer familiar with waivers of ineligibility and other methods of overcoming consular denials could assist with correcting deficiencies and resubmitting or reapplying to help reach the desired result. Contact us today to get started.