What are my options if my United States visa was denied? Learning that your United States visa application has been denied can be frustrating, especially if you believe the denial was due to an error. While some visa denials, like those under Section 214(b), cannot be appealed, other types of mistakes or misunderstandings may allow for further review. In some cases, the options for visa applicants include requesting a review by the United States Department of State or even seeking assistance from a congressional representative in certain cases. Additionally, for applicants facing unreasonable delays, a legal option known as a Writ of Mandamus may be available. Since every case is unique, it's crucial to consult with a skilled immigration attorney to explore all potential options and maximize your chances of a favorable outcome. There are certain options if your US visa was denied
Understanding Section 214(b) Denials
A denial under 214(b) typically occurs when a non-immigrant visa applicant (such as for a tourist or student visa) is suspected of having immigrant intent—i.e., the officer believes the applicant may stay in the United States permanently rather than return home after a short visit. Unfortunately, appealing a 214(b) denial is not an option. It's important to note that 214(b) denials apply only to non-immigrant visas and not to immigrant visas, which are specifically for individuals who intend to live in the United States permanently.
When You Can Request a Review
In cases where a denial or mistake is based on other grounds—such as an inaccurate suspicion of criminal history or other incorrect or misinterpreted facts—you may be able to request a review. However, the burden of proof falls on the applicant. For example, if your visa was denied due to a suspected criminal conviction, it is your responsibility to gather and submit the necessary police certificates and records proving your clean record.
In addition to the various government entities that can be contacted to request such records, the United States Department of State can be a helpful resource in such cases. The Department of States oversees United States embassies and consulates worldwide and can be contacted to request a review if there is evidence of an error by a consular officer.
Congressional Assistance for Immigrant Visa Applications
If you applied for a family-based immigrant visa and it was incorrectly denied, you may be eligible for assistance from the United States congressional representative who represents the district where your petitioner resides.
Writ of Mandamus for Unjust Delays
In cases of extreme delays in visa processing, there is a limited legal option to sue the United States government through a Writ of Mandamus. While this is not an option for every case, it is worth discussing with a qualified immigration attorney to determine whether it applies to your situation.
The Importance of Legal Guidance
Every visa case is unique, and determining the best course of action after a denial or error requires careful consideration of your specific circumstances. Consulting with a skilled United States immigration attorney is critical to understanding your options and increasing your chances of a successful outcome.
Seeking Professional Assistance
United States immigration laws are complex and subject to regular changes. It is highly recommended that you consult with a qualified attorney licensed to practice in the United States. Our attorneys have extensive experience with United States visa and immigration applications, providing the expertise needed to address potential pitfalls and enhance the prospects of a successful application.
Contact Us
For more detailed information or to schedule a consultation, please contact us. We are committed to streamlining your visa application process and ensuring compliance with all embassy requirements.
United States Tel: 347-772-2188
Colombia Tel: 300-3369681
Email: info@rrulegal.com
Comments