You have options if your visa application is denied.If you applied for an immigrant visa to the U.S., you can ask for it to be reconsidered.Waivers are available in certain limited situations for anyone seeking an immigrant or non immigrant visa.This is a complicated area of law and you should have an attorney help you through it.
Step 1: Don't be delayed.
Reconsideration of an immigrant visa application can be done within a year after being refused.You don't have to pay a new application fee.If you wait more than a year, you will.If your visa application was rejected, you won't be able to consider it again.You would have to submit a new application.
Step 2: If necessary, give more information.
There is a difference between a soft refusal and a hard denial.Tax information or documents confirmation that you received a job offer affidavit of financial support may be required.
Step 3: You should hire a lawyer.
If you receive a hard denial, you will need to present either a Motion to Reconsider or a motion to reopen in order to proceed.A lawyer can help you draft a motion.You need to move quickly.You must file this motion within 30 days of the denial.If you're looking for a lawyer with experience dealing with U.S. immigrant visa applications, you should look for one who practices in the immigration field.In all situations, a motion is not appropriate.Reconsideration is something your lawyer should look into.
Step 4: Go ahead and submit your motion.
Your lawyer will draft the motion and send it to the United States Citizenship and Immigration Services.You should get a decision on the motion within 90 days.You might need to wait longer.Stay in contact with your lawyer to find out if there is anything else you need to do.
Step 5: Next steps should be considered.
If you lose your motion to reopen or reconsider, you should talk with your lawyer about what to do next.You can bring another appeal to the Administrative Appeals Office.
Step 6: You should read your denial letter.
You will usually be told why you were rejected.Take out your letter and read it to find out why the visa application was rejected.If the grounds for denial are found to be true, you can seek a waiver.You may not have received a denial letter.The consulate might not give a written reason if you were rejected for criminal reasons.
Step 7: If a Waiver is available, check it out.
Everyone denied an immigrant visa can apply for a waiver.Waivers may be available if you were rejected for one of the following reasons.
Step 8: Follow the process outlined in the letter.
You should know how to apply for a waiver in your denial letter.You need to follow the directions.You should contact the U.S. consulate if you misplace your denial letter.
Step 9: Talk to an attorney.
If you work with an immigration attorney, you will have a better chance of getting a waiver.If you were denied a visa, the attorney can help you get a new one.You can find an attorney in your country that is familiar with the U.S. immigrant visa process.
Step 10: Take a temporary unlawful presence waiver.
If you were denied a visa for being in the U.S., you can apply for a waiver before you leave.The amount of time that it takes will be shortened by this.It gives you confidence that you will get the waiver.
Step 11: Form I-604 is complete.
You can download the form from the website.You should get a copy of the instructions.You can get a copy of the form if you don't want to download it.Use black ink to insert requested information.After you finish, make a complete copy of the form.You have to pay a filing fee.Make your check or money order out to the U.S.You can find the most up-to-date fee information by calling the Department of Homeland Security.
Step 12: Support documents can be obtained.
If your spouse or parent is a permanent resident or U.S. citizen, you can apply for a Waiver if you were denied a visa.To make your case, you will need the following documents: documents that establish your relationship to the U.S. citizen or permanent resident relative, any document that shows extreme hardship, such as evidence of health-related issues, financial stress, and declarations from family members character reference letters.
Step 13: Attend a second interview.
If your waiver is approved, the consulate will schedule you for another interview.The materials you provided in support of the Waiver should be reviewed.
Step 14: If you are denied an appeal, file it.
Within 30 days of the denial of your waiver, you can file an appeal.The deadlines that you must meet will be included in your denial letter.To begin the appeal process, you should meet with an attorney.
Step 15: Do you know if a Waiver is available?
Waivers are only available for certain people.If you are eligible to apply for a waiver, you should read your denial letter.Waivers are available for most grounds of inadmissibility.
Step 16: Follow the instructions in your letter.
The steps you need to take in order to apply for a waiver will be given in your denial letter.Take out your copy and read it.You can call the number on the letter if you have questions.You can ask the consular officer at the U.S. Consulate or Embassy where you applied.
Step 17: You have to complete an application.
Application for Waiver of Grounds of Inadmissibility is required for some non immigrant visa applicants.The form and instructions can be downloaded from the website.You need to make a copy of the application for your records.You have to pay a filing fee.Make your check or money order out to the U.S.Don't use other abbreviations.You should call to check the current fee since it's subject to change.
Step 18: Write a letter.
Most people won't complete the form for a non immigrant visa.They will have to draft a letter explaining their need to travel to the U.S.The dates of arrival and departure should be included in the letter.
Step 19: Character reference letters are required.
References can attest to your good character.You can include past and present employer colleagues, as well as other people who know you, with your letter if you seek letters from the following people.
Step 20: Other documents should be gathered.
Depending on your situation, you may need to give the consulate additional documents.If you were denied on grounds of criminal inadmissibility, you might have to provide certified copies of your criminal record, a psychological evaluation, proof of employment, education, counseling, or treatment.
Step 21: Wait for the results to come in.
The consular officer who found you ineligible will make a recommendation to the DHS.If there is a positive or negative effect on the public interest in having you travel to the U.S., the official will look at the activity that resulted in your inadmissibility.