Applying for a visa to live in the United States is a multi-part process. All visas begin with an immigrant or sponsor filing an application with the United States Citizenship and Immigration Services (USCIS). If the USCIS approves an application, it forwards that application to the United States consulate in the immigrant’s home country.
However, many potential immigrants find that their application meets resistance at this point. United States law empowers consulate officials to evaluate an immigrant’s petition and to make their own decision concerning whether to approve the visa. While this is certainly a setback in obtaining a visa, people still have legal options.
A Wheaton consular denials lawyer may be able to help a visa move forward after a consular denial. Legal professionals could work to identify the reasoning for the denial, to gather any additional information that may help to reverse this decision, and to represent the interests of immigrants during the process.
Why Might a Consulate Deny a Visa?
USICS and the United States State Department via its consulates work in tandem to evaluate all visa applications to move to the United States. The consulate handles every visa application through an analysis of the documentation in the application as well as an in-person interview. If the consulate is not satisfied with the application, it may issue a denial.
Perhaps the most common form of denial is a denial based on inadmissibility. 8 United States Code §1182 provides a list of reasons for why a consulate might deny a visa, despite a UNCIS approval, including:
- Criminal activity
- Security concerns related to terrorism or espionage
- Certain political affiliations
Consulates also have the ability to review and overrule a USCIS decision. If a consulate believes that the USCIS granted a visa because of an applicant’s participation in fraud or misrepresentation, that consulate is able to deny entry. A Wheaton consular denials lawyer could help to determine the legal justification for the denial of a visa by a United States consulate.
Potential Remedies Following a Consular Denial
Receiving a denial of a visa at the consular level is certainly a significant blow to a person’s chances of obtaining entry into the United States. However, all people who receive a denial still have options to keep their applications alive.
The first step could be to evaluate whether an exception may apply under immigration laws. These inadmissibility waivers apply on a case by case basis and are uniquely tied to the reason for a person’s denial. For example, if a petition fails because of exposure to a communicable disease, an exception exists where an applicant may submit to immunization to alleviate this problem. Inadmissibility waivers are complex legal matters, and a Wheaton consular denial lawyer could help determine if this is a potential way to reverse a denial.
The other option is to pursue a formal motion of reconsideration. All immigrant visa applicants have this right but must file a formal motion to reconsider within one year of denial. These are formal legal documents that do not require a specific format but should take on a legal tone and contain supporting documentation to bolster the claim. A Wheaton consular denials lawyer could help to craft these motions that fit a person’s specific circumstances.
A Wheaton Consular Denials Attorney Could Help to Keep a Visa Petition Alive
One crucial step to obtaining any immigrant visa involves submitting an application to the United States consulate in your home country. This consulate has the duty and ability to revaluate USCIS’s approval as well as to ask its own questions during an interview. If that consulate finds you to be inadmissible by law or believes that your application passed through the USCIS due to fraud or misrepresentation, the consulate could deny the visa.
This could place you in a difficult position. It is necessary to evaluate the reason for the denial to understand the potential legal remedies. This may include filing a request for an inadmissibility waiver or submitting a formal motion to reconsider. In either event, a Wheaton consular denials attorney may be able to help you. Legal professionals could work to determine the reason for your denial and recommend a next step to preserve the dream of moving to the United States. Contact a Wheaton consular denials attorney immediately for you.