1. Things To Do If USCIS Denies Your Visa Petition
Every individual who seeks to enter the United States as an immigrant or a non-immigrant
must obtain a visa, according to the purpose of travel to the United States. People who seek
to immigrate to the United States on permanent basis, must obtain immigrant visas and
temporary visitors to the United States must obtain non-immigrant visas. If you apply for a
visa, you will be required to appear for an interview with a US consular officer after which you
will be granted a visa to enter the United States. Approval and denial of your visa is based on
the information that you provide and is also based on the US immigration laws.
You may not be able to appeal, if non-immigrant visa petition that you filed at a US consulate
abroad is denied. On getting to know the reason for denial, you may fix the issue and reapply
as soon as possible. If you had applied for an immigrant visa, seeking permanent resident
status in the United States and if that petition was denied by the US consulate, you will be
given time to provide relevant information so that the denial may be reversed, within a year. If
you do not provide the required information within a year, you must start over again by
submitting a fresh application for an immigrant visa. If you are found to be ineligible for a visa,
you have an option to reapply in future provided that you submit evidence supporting a
change in your circumstances. While submitting a new visa application after your previous
application was denied, you must pay the visa application fees again.
If your application for an immigrant visa is denied, you may be allowed to apply for waiver for
a particular ineligibility. Your application for a waiver will be adjudicated by the US Department
of Homeland Security and if you are found to be eligible and if your waiver is approved, you
may be granted a visa. Moreover, you may not be able to apply for a waiver, if a waiver is not
available in your particular category. At times, if you are a foreign national seeking to
immigrate to the United States, may be able to apply for a waiver only if you demonstrate that
your US citizen or permanent resident relative in the United States will endure extreme
hardship if an immigrant visa is not granted to you and if you are unable to immigrate to the
United States.