Visa Denials
Has your nonimmigrant or immigrant visa application been denied by a U.S. Embassy or Consulate? A visa application may be denied for one or more reasons, such as:
- Some visa types can be refused under section 214(b) of the Immigration and Nationality Act for failure to prove nonimmigrant intent.
- Visas can be refused under section 221(g) of the Immigration and Nationality Act for “administrative processing.”
- A visa can be denied on the basis that you don’t meet one or more of the requirements for the specific visa type.
- Certain classes of persons are statutorily ineligible for visas or entry. These classes are known as the “grounds of inadmissibility.” These grounds and available waivers are described in Inadmissibility and Waivers.
There is no opportunity to appeal a visa denial. Still, our law firm may be able to help you overcome the denial, such as by:
- Motion for reconsideration
- Submitting additional evidence to overcome a section 221(g) refusal
- Requesting an advisory opinion from the Bureau of Consular Affairs’ legal counsel (LegalNet)
- Congressional inquiry or requesting supervisorial review
- Inquiry with the U.S. Embassy or Consulate
- Reapplication
Visa Delays
Has your visa application at a U.S. Embassy or Consulate gotten stuck waiting for an interview or for adjudication of your appplication?
One reason a case may get stuck is long-pending “administrative processing.” This refers to temporary visa refusal pending further investigation of a visa application.
Whatever the reason for delay in your case, our law firm may be able to get it unstuck by using various approaches tailored to your specific situation, such as:
- Inquiry with the U.S. Embassy or Consulate, or escalating that inquiry to the post’s management
- Congressional inquiry
- Request expedited appointment or adjudication
- Mandamus or Administrative Procedures Act (APA) action in Federal Court
Articles Related to Overcoming Visa Denial or Delay
“Administrative Processing”: a Black Hole for Visa Applicants
For the uninitiated, “administrative processing” (AP) is State Department-speak for a temporary visa refusal pending further investigation of a visa application. (9 FAM Appendix E, 404). The applicant typically learns of the temporary refusal when, at the conclusion of the interview, the consular officer issues a written notice stating that under section 221(g) of the Immigration…
Lawyer for U.S. Immigrant Visas in Guangzhou, Hong Kong, and Taipei
U.S. immigration law is federal, but immigrant visa processing is not identical at every visa-issuing post. Each post may have its own procedures, document practices, appointment logistics, communication methods, and local expectations. Familiarity with local law can matter too. For example, whether a marriage, divorce, or adoption is valid—and whether a parent-child relationship qualifies under…
Update: State Dep’t Pause on Immigrant Visas for Nationals of 75 Countries “At High Risk of Public Charge Usage”
August 2026 Update On Aug. 21, 2026, Judge Jeannette Vargas of the Federal District Court for the Southern District of New York vacated the State Department’s policy suspending issuance of immigrant visas to applicants from 75 countries on the purported basis that such applicants were at high risk of becoming a public charge in the United States. Judge…
Pilot Program to Pay for Expedited B1/B2 (Visitor) Visa Appointment
The U.S. Department of State has announced in the Federal Register that it is launching a pilot program to allow some B1/B2 (visitor for business or pleasure) applicants to pay an additional $750 fee for an expedited visa appointment at a U.S. Embassy or Consulate abroad. Effective for the period July 1 to Dec. 31, 2026,…
Why Expert Opinions Matter in Immigration Cases
Why Expert Legal Opinions Matter in Immigration Cases Immigration cases often turn on more than forms and filing deadlines. Many petitions and applications require U.S. immigration authorities to make judgments about complex legal, factual, or technical issues—sometimes involving foreign law, professional qualifications, country conditions, medical or psychological harm, or future risks. In these situations, expert…
How the Government Shutdown Is Impacting Immigration Agencies
Congress triggered a government shutdown on October 1, 2025, because it did not pass the 12 appropriations bills that fund government operations before the start of the new fiscal year, nor did it agree to a resolution to continue funding at current levels. During a shutdown, personnel funded by annual congressional appropriations are furloughed and…
Trump Administration Revives Travel Ban
On June 4, 2025, President Trump issued a Presidential Proclamation Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Threats. The travel ban takes effect Monday June 9, 2025, at 12:01 am EDT. The administration invokes national security and public safety as its justification for…
This Week’s Policies Attacking Chinese Students and Exchange Visitors
Two of the Trump administrations favorite foils are immigrants and higher education. This week’s announced initiatives against Chinese students and exchange visitors represent a convergence of those two subjects.
Making a Congressional Inquiry for Help with Your Immigration Case
If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.