All visa applicants are interviewed by a consular officer, with very few exceptions, and then the information obtained is reviewed. The review of all of the applicant’s information will result in either being approved to obtain a visa or being denied, in which case a visa will not be issued.

There are numerous reasons, why a visa application might be turned down, ranging from not having sufficient supporting information, to criminal history. In some cases, if the individual applying for a visa does not submit enough supporting documents or information, the visa may be denied, until the proper information is submitted. In other cases, it can be dependent on the individual’s criminal history or activities.

When a visa is denied, the applicant is provided a reason and the section of the law the denial was based on. The applicant will also be advised by the consular’s office, if they may apply for a waiver. The immigration lawyer South Dakota can explain the application process for a waiver or why the individual is permanently ineligible to the family or employer petitioning for a foreign worker.

The reasons for ineligibilities are listed in the Immigration and National Act, along with other immigration laws. Some of these can be overcome, either by the application or the U.S. petitioner, while other types of ineligibilities are permanent. The permanent ineligibility will mean that any time the individual applies for a visa they will be denied, under the same section of the law. The only way to overcome this issue is if a waiver is authorized by the Department of Homeland Security.

The Most Common Reasons for Denial

• The visa application or supporting documentation was not complete. This is outlined in INA section 221 (g).
• Eligibility was not established under the classification of visa the applicant applied. This is outlined in INA section 214 (b).
• Adequate demonstration of proof of financial support in the United States was not proven, which will be denied under a public charge. This is outlined in INA section 212 (a), (4).
• The applicant committed fraud in misrepresentation of facts in attempting to receive a visa. This is outlined in INA section 212 (a), (6), (C), (i).
• The individual applying for a visa has previously remained in the United States longer than they were authorized, by USCIS officials. This is outlined in INA section 212 (a), (9), (B), (i).
• The applicant was convicted of a drug violation, which is outlined in INA section 212 (a), (2), (A), (i), (II).
• The applicant has two or more criminal convictions, in which the total sentence of confinement was 5 years or longer. This is outlined in INA section 212 (a), (2), (B).
• The applicant was convicted of a crime involving moral turpitude, which is outlined in INA section 212 (a), (2), (A).

When the applicant has been found ineligible for a visa, in certain cases they may reapply in the future, and in some cases it will require a waiver. Immigration officials will provide the information needed, as to why the application was denied, and this will provide the necessary information to reapply or apply for a waiver if necessary, in order to obtain a visa.