Denial of a Temporary Non-Immigration Visa
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Why Was My Temporary Non-Immigration Visa to the U.S. Denied?
When Foreign Service Officers (FSO) evaluate visa applications, they are looking for any possible security risks or the possibility that an applicant is applying for the temporary visa in order to circumvent the official immigration process by simply overstaying their visa. When making these determinations, the FSOs consider such factors as:
- Travel plans
- Financial resources
- Ties (familial, friendship, business) to nations outside of the U.S.
- Other personal circumstances
- How long an applicant has lived at their current address
- How long an applicant kept their current job
- Are they or their children enrolled in school
Overall, the FSO is looking for commitments that would keep you from abandoning your own country to live in the U.S. permanently.
Can I Reapply in Another County?
If you applied for the visa while in a country that is not your homeland, it may be that the FSO who evaluated your application simply did not have enough information to make a reasonable determination. It is important to note that a denial of your application in one country does not absolutely bar the approval of a new application in another.
However, you must remember that your application will be evaluated based on your ties to the country in which you submit the application. Therefore, if you live in Argentina, you are more likely to be successful if you apply for a US visa at an embassy or consulate in Argentina than you would be should you try to apply at an embassy or consulate in Brazil.
Similarly if you’re a recent immigrant to the country in which you applied you may not have sufficiently strong ties to your new country and you may be viewed as someone trying to immigrate to the U.S. illegally. Sometimes the only remedy to this is time; the longer you live in your new homeland and the stronger your ties there, the more likely it is that your application will be approved should you apply again.
It may also be possible to obtain a waiver for the initial inadmissibility determination such as a Hranka waiver, thereby elimiating the need to file a new application.
Do I Need an Immigration Lawyer?
Navigating the U.S. immigration system is confusing and if not done properly, costly both in money and access to the U.S. If you have any questions about non-immigration visas, you should speak with an immigration lawyer.
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Last Modified: 11-11-2015 10:07 AM PST
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