8 reasons your U.S.A. visa application could be denied and what you can do about it

June 21, 2022 हिंदी में पढ़ें

Every individual seeking entry to the United States of America needs to comply with the basic requirements set by the United States Customs and Immigration Services (USCIS). A visa, contrary to popular belief, does not guarantee entry into or stay in the U.S.A. It merely means that a Consular/Entry Clearance Officer (The officer who has been given the authority and discretion to approve or reject your visa application) has found the visa applicant eligible to apply for entry into the U.S.A. The final decision lies at the discretion of the Officers at the port of entry.

There are two broad categories of visas granted by the U.S. though there are over 185 kinds of visas in total.

- The immigrant visa category is for people who wish to travel to the U.S. so as to reside there permanently.

- The nonimmigrant visa category is for people who simply wish to visit the U.S.A. for a specific purpose such as business, tourism, study, etc. This only applies to temporary visits. The visa application process is a complicated and time consuming one. You may consult Advocate Farhat Warsi Singh for any queries pertaining to Visa Applications.

This article will walk you through the nonimmigrant visa category and the common reasons for refusal of your visa application.

The rules and laws pertaining to the grant or refusals are dealt with under the Immigration and Nationality Act (INA).

Here are some of the popular reasons for Nonimmigrant visa Refusals:

I. You did not have adequate ties with your home country The most popular section of the INA under which the applicants experience refusal is Section 214(b). According to this section, inter alia, for a non-immigrant visa to be issued, the applicant must be able to demonstrate that there is sufficient proof of a residence and employment which the applicant has no intention of abandoning. The purpose of the trip should be temporary in nature and the applicant must return to the home country at the end of the visit.

According to U.S. law, the burden to prove the above lies solely on the applicant. You, the applicant, must be able to demonstrate that they have strong ties to their home country, such as job, family, property, etc. This will help prove to the consular officer that you do not have “ intent to immigrate” or “ overstay” . If you cannot satisfactorily prove these ties, your visa application may be denied.

So as to make sure that your application is not denied, for this reason, ensure that you have given evidence of all your assets and obligations in your home country, such as property, employment, and family relations.

II. Your Documentation was incomplete or incorrect

Incomplete or incorrect documentation may result in a delay of your application process or it may result in denial.

In order to prevent this from happening, you must remember to only enter correct and complete information in the form. Review your online nonimmigrant visa application (Form DS-160) thoroughly before submitting it. DS-160 cannot be mistaken as a simple form. The decision of the Officer to grant or refuse your visa will depend on his study of your DS-160 form.

III. You were not well prepared for your visa Interview

Every person applying for a visa has to be interviewed by a consular officer. Inability to express the purpose of the visit and your eligibility for the same can cause your application to be rejected.

Consular officers have broad discretion when it comes to nonimmigrant visa issuance. Thus, it is very important for you to be well prepared.

IV. You were not able to prove that you possess adequate financial resources

This is yet another important aspect for consideration by all visa applicants to USA. When applying for a nonimmigrant visa, you have to prove your source of income and that you possess sufficient funds to support yourself during your stay in the USA without having to recourse to public funds. Failure to demonstrate this may result in your application be denied.

So as to prevent this, make sure to include your bank details that reflect your ability to adequately support yourself.

V. Your Academic Record was not up to the mark If you are applying for a student visa, you may be questioned on your academic history. A good academic record can prove that you intend to study earnestly in the U.S. You should have a well prepared explanation of your academic records. It is important to note that you must possess an I 20 form from the educational institution as proof that you have been admitted to the US University/College. You can only apply a maximum of 120 days before the commencement of the course. Once granted a student visa, you can enter the U.S. a maximum of 30 days before commencement of the course.

If you have inconsistencies in your academic record, prepare an appropriate explanation for the visa interview.

VI. You have applied for an Immigrant visa An application for an immigrant visa is clearly intent to immigrate. So if you have filed for an immigrant visa, it will lead to denial of nonimmigrant visa.

VII. Your previous visit record was not good (Travelling History)

If you have previously overstayed your visa either to the USA or any other Country, your application may be denied.

VIII. If you were subject to any crime in home country or in any other country including USA

If you were subject to any criminal charges either in India or in any other country and found guilty your application may be denied.

You should note that as a matter of fact, your immigration history remains on record for 10 years and any adverse act which would signal a threat to the US government and its services could lead to denial of your visa application by the US Consulate.

Thus, while applying to the US Consulate, please ensure that you have provided all the information clearly and not submitted incorrect/ incomplete information or documents related to your application as this can have serious consequences.