Why US Visa Applications are Rejected: Immigration is a serious aspect of a country’s safety and security. Due to this, the U.S. immigration department has rules and guidelines that are strictly followed while issuing visas. Most visa applications are rejected because people fail to follow the guidelines. Two legal grounds on which US Visa applications are refused are sections 214(b) and 221(g) of the Immigration and Nationality Act. We have elaborated on these two grounds here.
Why visas are refused Under 214(b)
What does it mean when a US consular officer says, “Your visa application is refused and you are not qualified under Section 214(b) of the Immigration and Nationality Act”?
Section 214(b) of the United States Immigration and Nationality Act states that: “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa that he is entitled to non-immigrant status.” This means that the applicant did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant. Thus, the visa applicants must convince the Consular Officer of the following:
- That he or she intends to return to his or her home country following a temporary stay in the United States,
- That his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S.,
- That the travel is for legitimate purposes permitted by the applicant’s visa category.
Applicants overcome this presumption of immigrant intent by providing proof and facts that their overall circumstances, including social, familial, economic, and other ties to their home country, will compel them to leave the U.S. at the end of a temporary visit or study. “Ties” are the various aspects of life that bind you to your home country, such as your family relationships, employment, and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, U.S. law considers educational status, school grades, and long-range plans in their home country before issuing a 214b. As each person’s situation is different, there are no single criteria that show compelling ties to their home country. However, it is important to show intent to return to one’s home country after the duration of the visa expires. If a person fails to prove that he or she does not intend to return to his or her home country after the temporary stay, then there is a very good chance that the visa application will be rejected under section 214(b).
Denial Under Section 214(b) is not permanent
The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. The applicant should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.
Once an officer has determined that an applicant does not qualify for a visa, the applicant should not re-apply unless there are significant changes in the applicant’s circumstances or information, which was not presented during the first interview. Applicants wanting to reapply need to schedule a new appointment. However, applicants providing the same information a second time after a previous refusal will be highly unlikely to succeed in obtaining a visa during the second interview.
Common Misconceptions
One common misconception about section 214(b) ineligibilities is that qualifying for a visa is just a matter of providing more documents. It is very crucial to keep in mind that a visa decision is not simply based on documents. Rather, the visa interview itself is critical. The required documents allow you to apply for a visa and help the consulate make a proper decision based on the given information. No one document or information can guarantee visa eligibility.
Student visa refusals
Some students are confused when, after presenting a Certificate of Eligibility for Nonimmigrant Student Status (I-20) from their chosen school in the U.S., they are ineligible for a student visa. Just as with visitors, Section 214(b) requires students to show that they intend to leave the U.S. after they finish their studies. An I-20 is one of several documents that allow you to apply for a student visa, but cannot guarantee your eligibility. Students may be ineligible if it appears that their primary purpose is not to obtain an education that will advance their life in his/her home country, but will facilitate an indefinite stay in the U.S. for themselves or their family.
Why visas are refused Under 221(g)
What is Section 221 (g)?
Section 221(g) of the Immigration and Nationality Act (INA) prohibits the issuance of a visa when an otherwise qualified visa application is found to be missing a specific document, or when a consular officer decides that additional “security clearance” is required. 221(g) is mainly used by consular officers as a way of providing visa applicants with another opportunity to supplement their applications to address the insufficiencies in the initial application. Once that is addressed, they overcome the 221(g) refusal and the visa may be issued.
Generally, 221(g) is issued for one of the following reasons:
• Incomplete application and/or further documentation required: If further documents are required to complete their case, the applicant will be informed of what is needed and how to provide it to the embassy or consulate.
• Administrative processing: This is required before a decision can be made regarding the eligibility for a visa. The applicant will be given a letter stating this and next-step instructions after the administrative processing is complete.
Receiving the 221(g) letter does not necessarily mean that the visa application has been rejected or the chances of getting the visa are slim. Along with the 221(g) letter, the consular officer may also supply the applicant with a form that specifies the reasons for the refusal and what further action is required.
The officer will likely reconsider the visa application at a later date, based on supplementary information or upon the resolution of administrative processing, and determine that the applicant is eligible.
In the case of refusal under 221(g), it does not necessarily mean that the visa application is outright rejected, rather the consular officer may need more time to adjudicate the application.
Refusal under Section 221(g)
An application may be denied because the consular officer cannot determine the applicant’s eligibility to receive a visa since they don’t qualify for the visa category for which they applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law.
The applicant will have one year from the date they were refused a visa to submit the additional information. If they fail to provide the required additional information within one year, they must reapply for the visa and pay another application fee.
Reasons for Refusal
A visa may be temporarily refused and a 221(g) form can be issued due to several reasons. Some of the most common reasons for refusal are:
- Additional supporting documents are required such as proof of employment.
- The applicant is employed in a field listed on the Technology Alert List (TAL) and the consular officer requests a Visas Mantis Security Advisory Opinion or has a name matching to an entry in the alert list.
- All visa pages in the applicant’s passport have been filled.
- The photo supplied on the application does not meet the requirements.
- A visa officer has asked for an advisory opinion regarding the relevance of inadmissibility grounds.
- The petition approval of the applicant has yet to be listed in the Petition Information Management Service (PIMS).
Types of 221(g) Form
The color of the form helps the applicant identify the type of 221(g) issued to them and take the next steps to complete the process.
The colors of the forms and their corresponding meanings are as follows:
Blue: Indicates that additional supporting documentation is required. Once the applicant submits the necessary documents, the officer will review them and decide whether to approve or deny the visa application.
White: Signifies a complex 221(g) category. It indicates that the application requires additional processing by the U.S. Citizenship and Immigration Services (USCIS). The decision for approval or refusal of the application is usually based on the information obtained by the USCIS.
Pink: Issued to applicants when a consular officer has apprehensions about the details provided in the application such as the applicant’s true purpose for visiting the U.S., work information, or qualifications.
Yellow: Indicates that the visa consulate requires additional time to review the documentation. The actual amount of time needed may depend on the details of each case. General administrative processing is typically needed to validate the documentation that the applicant has supplied.
Keep in mind: When a pink form is issued, the application usually requires further administrative processing. Applicants who receive a 221(g) pink form may also receive a reference ID to track the status of the application.
What Happens After 221(g) is Issued?
If the Department of State issues an applicant a 221(g), they will be provided a slip with an assigned case number to their stamping. Usually, the case number starts with the year their interview took place and is followed by their assigned case number. Depending on their case, they will have to submit the respective documents needed to get through their visa application process.
If the form designates that additional documentation is required to process a visa application, the consulate will notify the applicant. They can usually submit the requested documents to the Visa Facilitation Services (VFS) electronically or at an appropriate location indicated on the 221(g) form. Processing for the visa may not proceed until all the requested documents and information have been received.
Once the necessary documentation has been submitted, there may be a waiting period before the application is fully processed. The wait time typically differs from case to case and the applicant may not be required to take any further action within the waiting period. A longer 221(g) process does not mean the applicant will get rejected. Some cases take more administrative work than others due to the complexities involved.
After the processing gets completed and the applicant’s visa eligibility is determined, the U.S. consulate will request that they submit a passport (if it has not been submitted already) and the visa consulate will stamp the passport with a U.S. visa.
In case the US stamping request is rejected after the administrative processing, the consulate will send the petition back to USCIS for reconsideration along with their comments. If it is determined that the applicant is ineligible for a visa, the documents they initially provided (except for 797 – Notice of Action) will be returned along with a denial letter.
Once USCIS receives the petition, they will send a notice of receipt to the petitioner. USCIS will review the petition (usually takes 2-3 months) and either issue a NOIR (Notice of Intent to Revoke) or NOID (Notice of Intent to Deny). The petitioner will be given a certain period to respond. Based on the petitioner’s response, USCIS will finally reinstate the petition or deny it. If it’s reinstated, then USCIS will send the document to the concerned consulate, which in turn will get in touch with the applicant to appear at the consulate.
Following Up on 221(g)
There are different ways to follow up on the process, but one should wait at least 60 days before making any inquiries. Here are some of the ways to follow up:
- Check out the VFS website: The first option for an applicant is to check out the website of the consulate and track the passport or case number electronically. It should be noted that only some consulates offer electronic tracking and that not every consulate offers this service.
- Call the consulate: If required, the applicant can give the consulate a call to find out where their paperwork lies in the process. However, they probably won’t be able to give the applicant specific details on the case.
- Send an email: Send the consulate an email requesting more information. This option does not guarantee extra information on where the applicant is at in their process.
Keep in mind: According to the US Department of State, an applicant should not contact them regarding administrative processing before 180 days, unless it is an emergency like injury, death of a family member, or something critical.
There might be various reasons for a visa application to be refused. However, it is important to keep in mind that being refused may not be definitive and that there are usually multiple courses of action available still. Consulting an attorney might give you a better idea about choosing your next course of action. Attorney Raju Mahajan & Associates have been accommodating individuals and employers in hiring regarding visa applications. Our immigration law office provides numerous legal services, including online consultations, which you can access from any part of the world.
