The 2024 summer travel season is upon us. Many foreign nationals are anticipating a long-awaited journey to the United States to reunite with family and friends or to visit some of our iconic landmarks. Others are preparing for a new educational or job opportunity. Some are planning to come in the short term, and some are hoping to immigrate permanently. Foreign nationals already in the U.S. are also planning to travel back to their home countries to see family and friends in person rather than through Zoom, FaceTime, etc.
Many of these travelers have already submitted their applications for the immigrant or nonimmigrant visa they need, but have not yet received a decision from the U.S. Citizenship and Immigration Services (USCIS). Some may have received their decision but discovered that their visa application has been refused.
In this blog we will discuss both of these situations and what can or cannot be done about them. We will then briefly discuss some common mistakes to avoid, which will help give better prospects for any future visa application attempts.
- Why are my visa results taking so long?
- My visa application was refused, now what?
- Can I re-apply or apply for a different type of visa?
- How can I speed up the visa approval process?
Why are the results taking so long?
Waiting for a decision from USCIS about your visa can be stressful, but it might be helpful to gain a little perspective.
USCIS handles millions of visa applications each year. The vetting process that each application requires simply takes time. Furthermore, each type of visa has different requirements based on the visa’s purpose and the level of scrutiny required to prove eligibility. For instance, a simple visitor’s visa for business or tourism (B1/B2) may be fully processed and in hand within just a few weeks if the local U.S. embassy or consulate has a short wait time for visa interviews. An H1B nonimmigrant work visa for specialty occupations can take from 3 to 6 months to process. Other visa types, especially immigrant visas, may take even longer.
The point is, that a felt “delay” in receiving a decision on a visa application may not be a true delay at all.
Occasionally, a particular visa application encounters an “administrative processing” delay. These delays typically happen when the officer reviewing the case determines that there is either a problem with the submitted paperwork or decides that additional security clearances are necessary to ensure the applicant is truly eligible to enter the United States.
If there is such a delay, the applicant will normally be notified of the reason why, and be given a chance to submit additional documentation if necessary. Many of these delays can be resolved in a few weeks, but they can also take up to a few months. Unfortunately, once an application experiences an administrative processing delay, there is nothing that can be done to hurry it along. It must run its course.
My visa application was refused. What now?
Approving or refusing a visa is a discretionary decision on the part of the USCIS officer reviewing the case. However, that does not mean that they can refuse arbitrarily or without just cause. The immigration laws of the United States list very specific reasons why a visa should be refused. Some of the most common reasons include:
- Incomplete application or insufficient supporting documentation;
- Inability to prove eligibility for the type of visa requested;
- (for nonimmigrant visas) Inability to “overcome the presumption of immigrant intent” by proving sufficient ties to the home country;
- Lack of financial means or sponsor support;
- Previous convictions of drug crimes, crimes of “moral turpitude” (any act that seriously violates social sensibilities), or multiple lesser crimes with combined incarceration sentences of 5 years or more;
- Fraud or “misrepresentation of material fact” intended to obtain the visa by deception;
- Overstaying the limits of previous U.S. visas.
When a visa is refused, the notification of refusal must include the legal basis for that decision. It will also provide information and instructions if there are recourse options. Some of the reasons above (for instance, the attempt to fraudulently obtain a visa) have no recourse whatsoever. Other reasons may possibly be overcome. If so, the notice of refusal will inform you of which option may be available to you:
- Submit the required documentation. If the visa was denied simply because the application was not completed properly, or supporting documentation was missing, the applicant may submit the necessary documentation within one year of the decision and have their case reviewed again.
- Apply for a waiver. Some ineligibilities may be waived, for instance, a single criminal drug charge involving less than 30g of marijuana. Waiver applications may be submitted at any time during the visa application process.
If my visa application is refused, can I re-apply or apply for a different type of visa?
That depends on the reason given for refusal. Different grounds of ineligibility have different penalties: some preclude entry into the U.S. ever again, and some allow an immediate re-application.
What can I do to ensure my next visa application is not refused?
There are no guarantees that visas will be granted, but there are some common mistakes that, if avoided, can greatly increase the prospect of a successful application:
- Ensure that all application paperwork and supporting documentation are complete. If your supporting documents (e.g. bank statements, employment contracts, marriage certificates, etc) are not in English or in the trade language of the region where the U.S. embassy is located where your application will be made, you will need to have them translated by a certified translator.
- Ensure there are no data mismatches (e.g., the name on your application is the same as the name on your passport).
- Keep your passport up-to-date. For nonimmigrants, your passport must be valid for at least 6 months after your proposed dates of stay in the U.S.
- Make sure you have enough money available, either your own or through a sponsor, to support you the entire time you are in the U.S. One thing that USCIS is looking for is to see if the applicant has a risk of becoming a “public charge,” that is, someone dependent on public money.
- Apply for the correct visa, and ensure you are qualified for that visa.
When I apply for my next visa, how can I speed up the approval process?
Normally, visas are processed in the order the applications are received. In certain circumstances, it is possible to apply for expedited processing of certain visas. For instance, the need to attend the funeral of a family member who just died will likely be granted expedited processing of a nonimmigrant visitor visa. Many other reasons, however, would not qualify.
To apply for expedited processing, the applicant should first submit their application (e.g., the DS-160 Online Nonimmigrant Visa Application), pay the filing fee, and schedule their interview at the local embassy or consulate. They may then request expedited processing through the USCIS Contact Center. The request will be reviewed, and if approved, notification will be sent to the applicant to schedule a new, earlier interview date.
However, the best practice is to simply give plenty of time for your application to be processed. Don’t wait until the last minute.
How Our Immigration Attorneys Can Help With Your Visa Delays and Denials
Our team of competent and experienced immigration attorneys at Levin and Pangilinan PC can help ensure that your visa application is complete and correct to avoid unnecessary delays in processing. If you think your visa was wrongfully refused, we can help you understand your options and investigate possible avenues of recourse. Whatever your immigrant or nonimmigrant visa needs may be, contact us today or fill out the form below.
