Overcoming Visa Refusals

The official denial rate of some consulates around the former Soviet Union exceeds 50% (according to the Department of State). More than 1.5 million visa applicants around the world are denied annually.

What are the reasons for rejection for nonimmigrant visas?

The standard reason for a visitor visa rejection is that the applicant has not proven substantial familial, economic, property, and/or social ties to his or her homeland. In making a decision, the consular officer examines an array of factors. Negative factors include:

1. residing in an «economically-depressed» area;
2. being single or divorced;
3. prolonged prior visits to the United States, even if the stay was within the term granted by the airport inspector upon arrival to the United States;
4. limited or no travel to Western countries (Eastern European countries, China, Cyprus, and Turkey are not considered; this seems to be a particularly critical factor in making a decision, with the rationale being that if you return to Russia from a Western country, you are more likely to return from the United States. «Come back and apply again after you visit someplace else in Europe.»);
5. limited property ownership;
6. receiving a minimal salary, even if the salary indicated is only an «official» salary;
7. absence of dependent children being left behind;
8. trip’s purpose is not compelling («why can’t your American relative visit you?») or «seems fishy» to consular officer;
9. applying for the wrong type of visa (an F-2 instead of a B-2, for example);
10. existence of a close family member in the U.S. and how that family member ended up in the United States («He immigrated, and so will you with his help. Let him apply for a green card for you officially.»);
11. previous rejections (instead of examining the application anew, asking what circumstances have changed since the last rejection);
12. missing documentation (e.g., bringing a salary reference from employer, but not the tax declaration);
13. inconsistent information in applications (e.g., Application 1: indicate one purpose, planned length of stay; Application 2 (one month later): indicate different purposes, different planned length of stay);
14. during verification process, information presented does not check out (e.g., inviting party moved office and changed telephone; verifying officer visits wrong address);
15. presentation of falsified documentation (e.g., bogus invitation, fake marriage certificate, counterfeit airport entry stamps, fake employer reference or Labor Books);
16. interview-related factors, including having a «suspicious» manner, and giving unconfident or «illogical» answers to questions;
17. dual-language, notarized, form invitations (these invitations arouse suspicion because they are often bought and sold in Russian-language communities in the U.S.).

It must be remembered that the interview usually lasts from 2–5 minutes, so the officer is extremely limited in how much time he or she may spend in examining documentation or conversing. Because of the existence of fraud, the officer is often skeptical about the authenticity of documents. While the Embassy on its website advises applicants what kind of documents to bring, these documents are just some of the «trees». It is necessary to ensure that the officer sees the «forest», not just the «trees».

What are the reasons for rejection of fiancee and immigrant visas?

While fiancee and immigrant applicants obviously do not have to prove that they will return to their home country, several issues are emphasized by the consular officer in review of these types of applications. For example, the financial ability of the American sponsor is scrutinized, as well as the results of the medical examinations and police clearances. If the American sponsor is retired or does not have current income, it is possible that the consulate, sometimes erroneously, will require a co-sponsor. In fiancee visa applications, the consular officer scrutinizes the intentions of the parties, particularly if there is a significant age difference, if children are involved, or the parties do not communicate «enough». «Poison pen» letters of ex-spouses and parents can also have a negative impact on the disposition of an application. For DV Lottery cases, the applicant must show that he or she will not become a public charge in the United States and meets the applicable education or work requirements.

How does W&A help?

For nonimmigrant visa applications, W&A assists first-time and already-rejected applicants alike in preparing their applications. While many applicants do not need legal assistance, those who have already been denied visas, have complicated situations or meet one or more of the above negative factors, have substantial assets or ties and would like to convey that impression clearly and quickly, or prefer the professional assistance that a lawyer can offer find our services appropriate.

White & Associates can help:

• prepare and gather documentation
• clarify the reasons for previous rejections
• draft a brief cover letter addressing issues touched on in previous interviews which served as the reason for rejection
• summarize the positive factors of the client, helping the officer see the «forest», not just the individual documents
• address any relevant legal issues.

An application package can include 5–30 appendices. We have successfully represented an eight-time rejected applicant who was rejected because she had given birth in the U.S.; a twice-rejected applicant who had been denied because the Embassy erroneously believed that she had spent eight months in the United States visiting her daughter; a four time-rejected student visa applicant, who is the heir to his father’s business conglomerate; a twice-rejected businessman applicant, who was unable to visit his wife and daughter in the U.S. after more than five prior short-term visits to the U.S.; and a three-time rejected applicant who was unable to visit her daughter.

For fiancee and immigrant visa applications, W&A assists applicants before interviews or after they have been denied at their interview. This assistance may entail gathering additional documentation, as well as the preparation of a legal memorandum addressing the relevant issue. We have successfully represented numerous fiancees and immigrants who have been denied on a variety of grounds, such as financial, medical, public charge, unlawful presence, misrepresentation, and failure to satisfy work/educational requirements.

Please contact us if you have any questions or would like some professional feedback about your particular situation.