Find the right lawyer now

Denial of a Temporary Non-Immigration Visa

Find a Local Immigration Lawyer near You

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.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 10-03-2016 09:49 PM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.