Other Visa Categories. Visa: Reciprocity and Civil Documents by Country. Embassy or Consulate. After relevant information is reviewed, the application is approved or denied, based on standards established in U. While the vast majority of visa applications are approved, U.
An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for the visa category for which he or she applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law. If denied a visa, in most cases the applicant is notified of the section of law which applies.
Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. Several of the most common reasons for visa ineligibilities are explained below. You, as a visa applicant, qualify for a visa by being eligible under all applicable U. During your visa interview, the consular officer at the U. S Embassy or Consulate will determine if you are qualified for the type of visa for which you are applying.
The sole authority to approve or deny called adjudicate visa applications, under U. Embassies and Consulates. If a consular officer finds you are not eligible to receive a visa under U. There are many reasons a visa applicant could be found ineligible for a visa.
These reasons, called ineligibilities, are listed in the Immigration and Nationality Act INA and other immigration laws. Some ineligibilities can be overcome, either by you, the visa applicant, or the U.
Other ineligibilities are permanent. This means that every time you apply for a visa, you will be found ineligible under the same section of law, unless a waiver of that ineligibility is authorized by the Department of Homeland Security.
Learn about waivers of ineligibility. Here are some examples of visa ineligibilities, with INA references, which are explained further below. For a complete list of all visa ineligibilities contained in the Immigration and Nationality Act, see Ineligibilities and Waivers: Laws.
After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of g refusals, you must submit a new visa application and pay the visa application fee again. If you were found ineligible under section b of the INA, you should be able to present evidence of significant changes in circumstances since your last application.
See more information below under INA section b. Department of State visa case records are confidential under INA section f , so information can only be provided to visa applicants, with some exceptions. Certain information can be provided to U. A visa denial under section g of the INA means that the consular officer did not have all of the information required to determine if you are eligible to receive a visa. This means you are not eligible for the visa now, but your case is pending further action for one of the following reasons:.
Just being married to a U. There are some situations that can make you or your spouse categorically ineligible to obtain a green card. These situations include:.
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Many potential reasons for denial can be avoided with proper preparation. Preventative measures could include filing a waiver request, finding a financial co-sponsor, or getting married again if there are legal issues with your initial marriage. Thorough preparation can make the difference between a smooth green card application process and a denial that threatens your plans to live together in the United States.
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Still, if other factors weigh against this, such as a lack of health insurance, you could still be found inadmissible. If you have entered the United States illegally, such as sneaking in as a stowaway, gained entry by misrepresentation, failed to attend immigration removal proceedings, or have abused the visa process, such as violating the terms and conditions of your visa, you could be subject to denial. You will be asked to submit or bring numerous forms, fees, and documents in the course of applying for permanent residence.
Failing to read the instructions carefully and provide what is requested can ultimately result in denial, though the government will usually give you an opportunity to supply missing materials first. The requirements will depend in part on whether you are consular processing or adjusting status in the United States. For example, you will probably need to provide originals or copies depending on whether your green card case was filed in the U. Once you have filed for your green card, you are scheduled by USCIS for a fingerprinting appointment if filing in the U.
You must attend these appointments, or reschedule if need be. If not, your green card could be denied. Your intended grounds for filing for a green card are most likely either employment based, in which case your sponsor will probably have filed a petition on Form I ; or family based, with your sponsor having filed a Form I petition.
If the underlying petition is denied, your green card application will go no further. For example, if your stepfather submitted an I petition but USCIS determined that there was insufficient proof of a stepparent relationship, the application process would end right there. If you change employers, and have an approved I visa petition, you would be have to meet certain requirements in order for your green card application to continue processing.
These requirements are that your I must have been pending awaiting a USCIS decision for days or more, and the new job must be the same as, or similar to, the job described in the labor certification and I petition. They can lose filing fee checks and documentation, spell your name wrong, list your date of birth incorrectly, or fail to send you an important notice.
You will be notified in writing that your green card application has been denied. Carefully read your notice of denial as it contains important information regarding how you may proceed. The notice will inform you as to whether you can appeal the denial. If you are able to appeal, it will let you know how to do so. Appealing your denial involves asking the Administrative Appeals Office of U. Be mindful of the deadline in place for filing your appeal. There will also be a fee associated with filing the appeal.
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