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  • US Visa Refusal

    While applying for an immigration Visa to the United States, the Consular officer assumes that the applicant intends to leave to his or her home country and immigrate to the U.S. The immigration officer must be convinced that the applicant has a house outside of U.S. that he doesn’t wish to abandon and that he is visiting the U.S. for a temporary period and he or she is able to pay for the trip and meeting the requirements of the Visa type the applicant is applying for.

    Even though you would have had all the documents in place, there is a chance that your Visa application may be rejected. It is the consular officer who decides if you are eligible for the Visa or not. He comes to the conclusion after reviewing your file and the social, economic and family ties that the applicant has to his or her country. One of the reasons for refusal can also be that you have not demonstrated that you meet the qualifications for the Visa category during the interview.

    Common ineligibilities leading to Visa Refusal

    The most common reasons for US Visa Refusal are:

    • You have not fully completed the Visa application
    • You have not provided all the supporting documents
    • You did not establish eligibility for the Visa category
    • You were convicted of a crime that involves moral turpitude
    • You were convicted of drug violation
    • You have two or more criminal convictions for which you may have a total sentence of 5 years in prison
    • You have not demonstrated that you have adequate finances to support your trip to the United States
    • You have misrepresented a material fact
    • You have remained for a longer period in the U.S. than the period you were supposed to have stayed for.

    List of Visa ineligibilities

    The list of Visa ineligibilities are as follows:

    1. Health grounds

      • If you have a communicable disease then you will not be given admission to the United States.
      • If you have failed to show documents that you have received vaccination for mumps, measles, rubella, tetanus, polio, influenza type B, hepatitis B, diphtheria toxoids, pertussis and other vaccines against vaccine preventable diseases recommended by the Advisory Committee for Immunization Practices, you will not be given admission to the U.S.
      • Those who have a physical or mental disorder and are a threat to property, safety to themselves and the others and behaviour that lead to other harmful behaviour are not given admission to the U.S.
      • If the applicant is a drug abuser or an addict is not allowed to enter the United State.
    2. Criminal grounds

      People falling under the following category will not be given admission to the United States:

      • Alien who has committed the crime of moral turpitude.
      • Alien who has attempted to commit a crime.
      • Attempting to violate any law or regulation of a state (in U.S. or abroad) relating to controlled substances.
      • If the alien has been convicted for 2 or more offenses that aggregates to a sentence of 5 years in prison.
      • Alien who has been an illicit trafficker or is a spouse, daughter or a son of the said trafficker.
      • Alien who is coming to engage in prostitution or has engaged in prostitution within 10 years from the date of application for Visa.
      • Alien who has procured or attempted to procure prostitutes and is receiving the proceeds of prostitution.
      • Alien who has received immunity from serious criminal offense.
      • Alien who has carried out severe violations of religious freedom.
      • Alien conspiring or committing human trafficking offence.
    3. Security grounds

      People falling under the following are not allowed to admit to the United States:

      • Alien who is a consular officer or attorney general attempting to enter the U.S to violate law relating to espionage or sabotage or to evade law prohibiting export of goods, technology and other sensitive information.
      • Alien engaged in terrorist activity or a representative of a terrorist organisation or a group that endorses terrorist activity or has military type training from a terrorist organisation.
      • Alien who is a spouse or child of the alien mentioned above.
      • Alien who is a member of a communist party is not admissible.
      • Alien who was associated with the Nazi government is not admitted.
    4. Public charge

      Alien who at the time of application of the Visa in the opinion of the consular officer is going to become a public charge is not admitted to the United States.

    5. Labor grounds

      Alien who wishes to enter U.S. to perform skilled or unskilled labor is not admitted under the Secretary of Labor certifies that there are insufficient U.S. workers for the same and that it will not affect the wages and workers of the U.S. workers.

      Unqualified physicians are not allowed to U.S. to practice or perform services.

    6. Illegal entrants

      The following people are inadmissible:

      • Alien who enter the U.S. without getting admission.
      • Alien who fails to attend removal proceeding.
      • Alien who has misrepresented material fact in order to get the U.S. Visa.
      • Alien who is falsely claiming that he or she is a citizen of the U.S.
      • Stowaway aliens
      • Smugglers
      • Student Visa abusers
    7. Aliens previously removed

      Aliens who were previously removed or who were unlawfully present in the U.S. and who have been unlawfully present after the previous immigration violations are not admissible.

    8. Miscellaneous

      The following aliens are not admitted to the United States:

      • Those practicing polygamy
      • Those accompanying helpless alien
      • Those involved in international child abduction
      • Aliens who support abductors and relatives of abductors.
      • Unlawful violators and citizens who renounced citizenship to avoid taxation.

    Waiver for ineligibility

    Immigration and Nationality Act contains provisions that allows the applicant whose Visa has been denied due to ineligibility to apply for a waiver for that ineligibility. The consular officer will inform you if you are eligible for a waiver.

    In the event you are eligible for the waiver, the Consulate officer will inform you on how to apply for it. You must fill in the Form I-601, which is the Application for Waiver of Grounds of Inadmissibility and send it directly to USCIS Lockbox Facility.

    If you have any queries regarding your U.S. Visa refusal you should contact the U.S. Consulate where you applied for the Visa. Do not approach the Visa consultants as it has been noticed that they sell fake information to get the Visa and which in turn leads to refusals of the Visa application and you will be held responsible for intentionally submitting false information.

    News About US Visa Refusal

    • Timeframe for Visa Processing is not Specific

      The administrative process for visas is a routine step and there is no specific timeframe allotted for deciding on visa approval or rejection. The visa department assures people that each case is dealt with as quickly as possible, but there are unavoidable delays that can hinder the process. For applicants seeking to expedite the processing, they can contact the call centers. They also have the option to check the case status on the CEAC website. For those seeking employment in the U.S. or anywhere else abroad, the employer with whom you wish to work with must submit a petition to the Department of Homeland Security. If the petition is approved, they can apply for a visa in India to go to the U.S.

      16th May 2016

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