It’s up to the discretion of a consular officer to approve or deny a visa application. Understanding these common denial reasons can help you make an informed decision about whether to apply or not.
When applying for a US visa, you need to be clear about the purpose of your travel. A misrepresentation or ambiguity could lead to your visa being rejected.
1. Lack of Temporary Intent
Whether you are in the United States on nonimmigrant status or pursuing a path to permanent residency, you must demonstrate that your intended stay is indeed temporary. The USCIS presumes that you intend to remain in the United States permanently, and it is up to you to convince an immigration officer otherwise during your interview.
During the visa interview, you must present evidence that you have strong economic, professional, and personal ties to your home country. These ties are typically established through documents such as property ownership, employment contracts, travel bookings, and family and business relationships. These ties must also remain strong throughout the duration of your stay in the United States.
If you are on a nonimmigrant visa and want to change your status to a green card, then it is important to discuss your intentions with an experienced attorney. You may be able to prove that your initial intention was to come to the United States temporarily when you submit proof of your ties during your interview. However, if you attempt to change your status within the first 90 days of entering the United States, then the USCIS may consider that you misrepresented your intent and deny your application.
2. Insufficient Funds
A check or payment that does not cover the amount drawn on it is called non-sufficient funds (NSF) and the bank will usually charge a fee for it. Similarly, when an individual or business tries to use their credit card and the bank declines the transaction, they are charged a penalty. These bounced transactions are known as “bounces.”
A bank will typically impose NSF fees to discourage account holders from using their checking accounts to draw more money than the account balance holds. This also helps them recoup costs associated with processing NSF checks and payments.
If a visa applicant has had multiple NSF fees or a history of bounced checks, it could raise suspicions that they do not have the financial wherewithal to support their travel plans. This could lead to a denial of the visa.
NSF fees can be avoided by regularly monitoring debit card transactions, account balances, and automated payments. In addition, it is a good idea to link different accounts like a checking and savings account so that the funds will automatically move from one to another to cover shortfalls. Some banks also offer overdraft lines of credit, a special product to help with this issue, but these require a credit application and are usually approved based on the individual’s credit profile and score.
3. Fraud or Manipulation
Depending on the type of visa you are applying for, there are specific conditions you must meet. For example, if you are a student applying for a visa to attend university, your I-20 must be issued by an accredited institution of higher learning and your transcript must reflect that you have passed the necessary exams. If you lie about any of these facts, your visa will be denied.
Sometimes, fraud or manipulation can occur in more indirect ways. For example, if you are applying for a visa through a sponsor, the consular officer may check the sponsor’s status and other aspects of their immigration history to ensure that they meet the standards of the category of visa under which they are filing.
Additionally, some types of financial manipulation can lead to a denial of your visa. For instance, concealing cash in inventory or adjusting business metrics fraudulently to improve a company’s reported profitability are common forms of accounting fraud. This type of manipulation can be compared to pump and dump schemes, where investors falsely boost share prices by making misleading or exaggerated claims about the company’s performance or value. This is also considered a violation of federal law and could lead to a visa denial.
4. Unlawful Presence in the U.S.
In immigration law, “unlawful presence” is defined as time in the United States after a visa expires or if you enter the country without being authorized to do so. The time you spend in this way can result in a bar on re-entry for either three or ten years. However, the reentry bars only become effective if you leave the country and you must discharge these bars before you can return again to the U.S. Did you know that citizenship by investment countries is applicable?
Generally, if you are applying to extend or change your status while you remain in the United States, then no days of unlawful presence accrue, regardless of whether your application is denied. However, if your visa is approved and you still accrue unlawful presence, then you will need to file a provisional unlawful presence waiver.
If you are subject to a 3-year or 10-year unlawful presence bar, you may be able to get a waiver by showing extreme hardship to your U.S. citizen spouse, parent or child. While the term extreme hardship isn’t defined in the Immigration and Nationality Act, the government considers many different factors when considering this type of waiver application, such as the emotional distress your loved one will experience from having to live thousands of miles away, as well as financial difficulties.
5. Insufficient Documentation
Various forms of documentation are required to complete a visa application. If these documents are not provided or do not contain the required information, it can lead to a denial of your visa.
It is important to submit all required documents before the embassy deadline, especially for a visa that requires advance processing. If the embassy does not receive your application in advance, it will need additional time to process your visa, and you may not be allowed to travel on your intended date.
Forgetting to bring a necessary document or sending the wrong type of documentation can also result in a visa denial. An inability to provide proof of financial resources can also lead to a rejection, and it is always important to have adequate funds to cover the costs of your trip.
Certain actions, including criminal arrests, can be a red flag to the consular officer. This can cause the consular officer to doubt your non-immigrant intent, and your visa could be denied under section 214(b). For example, a Summer Work Travel participant who is arrested for shoplifting in the United States will have a difficult time overcoming a 214(b) decision when seeking to participate again the following year.
6. Failure to Establish Your Temporary Intent
When applying for a visa, it is important to be able to clearly explain and document your intentions. This means that you need to be able to demonstrate that you intend to leave the United States once your program or activity ends. This is especially important for individuals who are applying for a nonimmigrant visa, such as a student or work visa.
The INA assumes that an individual has immigrant intent until they prove otherwise, and the burden is on the applicant to show that their plans are to return to their home country once they complete their travels. This can be difficult for some, as it is often a matter of showing that you have sufficient family, financial, and employment ties to your home country to convince the consular officer that you are more likely than not to abandon your residence abroad.
Moreover, individuals may be found ineligible for visas or green cards if they show a pattern of misrepresentation or violate their conditions of stay while in the United States. For example, admitting to smoking marijuana during a visa interview for a study or work visa can trigger an inadmissibility determination if the individual intends to pursue permanent residence in the United States after their stay here.
7. Failure to Demonstrate Financial Self-Sufficiency
One of the most important things you can do to achieve financial self-sufficiency is to build an emergency savings fund. This should be enough to cover three to six months of living expenses and provide a financial cushion in the event of an unexpected expense or job loss.
It’s also important to establish realistic saving goals and stick to them. This will take time, planning and discipline but it’s worth the effort when you can say goodbye to financial stress and hello to a more financially secure life.
Insufficient or unrealistic spending can also make you less financially self-sufficient. This is especially true if you are still carrying debt, like student loans or a mortgage. It’s also important to limit perks, like frequent flyer miles and credit card rewards, which can suck money out of your wallet without providing much benefit.
Becoming financially self-sufficient can be a daunting task, but it’s essential to your long-term success. With the right preparation and planning, you can avoid a visa denial and get on the path to achieving your financial dreams. If you need assistance getting your finances in order, contact a licensed immigration attorney. They can review your DS-160 form and supporting documentation and provide a mock interview to help you prepare.
